Non-disclosure of the recent deaths of 86 medical doctors under the activities of the GMC

Dr David Waghorn made this Freedom of Information request to General Medical Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by General Medical Council.

Dr David Waghorn

Dear General Medical Council,

It has been revealed last year, following a Freedom of Information Act 2000 (‘FOIA’) request, that 86 doctors have died for the period 2004 until 19 April 2012 and were erased from the register as deceased and at the time had an open fitness to practise case concerning them for which the GMC refuses to release the data.

The GMC readily concedes to holding this information but considers them exempt citing section 31(1)(g) leading to section 31(2)(d) of the FOIA and that disclosure would be prejudicial to their public function.

Openness and public accountability are the main safeguards to ensure the system is working properly for the benefit of everyone concerned. This unusually high death-rate in the process of adjudication of medical practitioners requires investigation.

Article 2 ECHR imposes a number of inter-related obligations on a state agent, including the positive duty to protect life and the obligation to refrain from the unlawful taking of life.

The European Court of Human Rights has described the obligations that arise in this way as follows:

“Where the events in issue are wholly, or in large part, within the exclusive knowledge of the authorities… in respect of injuries and death occurring… the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation”
Salman v Turkey No 21986/93 27.6.00

Once again, the General Medical Council is invited to provide the names of the deceased medical doctors involved in its procedures since the coming into force of The General Medical Council (Fitness to Practise) Rules Order of Council 2004.

Yours faithfully,

Dr David Waghorn

FOI, General Medical Council

Dear Dr Waghorn

Information request - F13/5534/JM

Thank you for your email of 22 June asking for information under the Freedom of Information Act 2000 (FOIA).

We will consider your request and give you the information as soon as we can, normally within the 20 working-day limit set by the FOIA.

I have allocated your request to Janet Mauldridge. If you have any questions, please contact her on 0161 923 6324 or email [email address].

Yours sincerely

Sarah Leigh
Information Access Officer
General Medical Council
3 Hardman Street, Manchester M3 3AW

Email: [email address]
Website: www.gmc-uk.org
Telephone: 0161 923 6398

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Janet Mauldridge (0161 923 6324), General Medical Council

1 Attachment

Our ref: F13/5534/JM

Dear Dr Waghorn

Please see the attached response to your recent request.

Yours sincerely

Janet Mauldridge
Information Access Officer
0161 923 6324
[email address]

General Medical Council
3 Hardman Street
Manchester
M3 3AW

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Pieter left an annotation ()

Dear David,
The GMC are trying to kill me.
I have tried to stop them by cancelling my registration.
But they are relentless and above the law.
I am scared.
What can I do?
I have a family...
and some friends.
Please advice urgently
Kind regards
Dr Pieter Jooste

Dr David Waghorn left an annotation ()

On 22 Jun 2013 - Dr David Waghorn made this Freedom of Information request to the GMC and has been refused.

Dr David Waghorn left an annotation ()

On 22 Jun 2013 - “Non-disclosure of the recent deaths of 86 medical doctors under the activities of the GMC”