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General Medical Council

We work with doctors, patients, and other stakeholders to support good,
safe patient care across the UK. We set the standards doctors and those
who train them need to meet, and help them achieve them. If there are
concerns these standards may not be met or that public confidence in
doctors may be at risk, we can investigate, and take action if needed.

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You are welcome to contact us in Welsh. We will respond in Welsh, without
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_________________________________________________________________

Cyngor Meddygol Cyffredinol

Rydym yn gweithio gyda meddygon, cleifion a rhanddeiliaid eraill i
gynorthwyo gofal da a diogel i gleifion ar draws y DU. Rydym yn gosod y
safonau y bydd angen i feddygon a’r rhai sy’n eu hyfforddi eu bodloni, ac
yn eu helpu i’w cyflawni. Os bydd pryderon efallai na fydd y safonau hyn
yn cael eu cyflawni neu y gallai hyder y cyhoedd mewn meddygon fod mewn
perygl, gallwn ymchwilio, a gweithredu os oes angen.

Efallai bod y neges e-bost hon yn cynnwys gwybodaeth freiniol neu
gyfrinachol, y dylid ei defnyddio at y diben y’i hanfonwyd yn unig.

Os nad chi yw’r derbynnydd neu os ydych chi wedi cael yr e-bost hwn mewn
camgymeriad, peidiwch â’i ddarllen, argraffu, ail-anfon, storio na
gweithredu mewn ffordd sy’n dibynnu arni neu unrhyw atodiadau os gwelwch
yn dda. Dylech anfon e-bost at yr anfonwr ac yna, ei ddileu ar unwaith.

Mae’r Cyngor Meddygol Cyffredinol yn elusen gofrestredig yng Nghymru a
Lloegr (1089278) ac yn Yr Alban (SC037750)

Mae croeso i chi gysylltu â ni yn Gymraeg. Byddwn yn ymateb yn Gymraeg,
heb i hyn achosi oedi ychwanegol.

References

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Dear Olga Matthias,

Your information request – IR1-4595227977

Thank you for your request for information received 16^th September 2024.

How we will consider your request

We are going to consider your request under the Freedom of Information Act
2000 (FOIA). The FOIA gives us 20 working days to respond, but we’ll come
back to you as soon as we can.

Your request will be allocated to a member of the team. If you have any
queries please email [1][GMC request email].

Yours Sincerely,

Information Access Team

General Medical Council

3 Hardman Street

Manchester

From: Olga Matthias <[FOI #1175753 email]>
Sent: Monday, September 16, 2024 1:41 PM
To: FOI <[email address]>
Subject: Freedom of Information request - PA/AA Survey data

Dear General Medical Council, I recently made an FOI request about
receiving the data from the PA/AA Survey carried out earlier this year. I
received a reply stating this could not be provided as it is "part of an
ongoing programme of research

Dear General Medical Council,

I recently made an FOI request about receiving the data from the PA/AA Survey carried out earlier this year.  I received a reply stating this could not be provided as it is "part of an ongoing programme of research and there is an intention to publish a report on it in the future".

On this basis, could I please see the research protocol, including, but not exclusively limited to:

the research aims

the research objectives

the research protocol

the approved ethics agreement

participant identification method

informed participant consent to the research project

contract of anonymity and confidentiality presented to the participants

data collection method

the planned data analysis approach

dissemination of results - summary, final report, individual participant data (depersonalised)

Yours faithfully,

Olga Matthias

-------------------------------------------------------------------

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show quoted sections

Dear Professor Matthias

I write further to your emails of 16 September 2024. I will deal with them
in the order in which they were received and apologise for the delay.

IR1-4592728831- Appeal

History

On 16 August 2024, you requested the raw data we received in response to
the consultation document called ‘Consultation on our proposed rules,
standards and guidance.’ On 12 September 2024, we responded to your
request applying S22A of FOIA. This applies to information obtained for
the purposes of research, where the research is ongoing and there is an
intention to publish a report on it in the future. The exemption applies
to information regardless of whether it’s to be included in the published
report, although this exemption can’t be applied after publication.

On 16 September 2024, you appealed the decision. Your position on the
substance of the refusal was that S22A was not applicable and that even if
it was, it is not the case that disclosure would or would be likely to
prejudice the four matters listed at S22A(1)(b)(i)-(iv).

You also noted that we did not set out the factors we had considered in
the public interest test or an assessment of them in the refusal notice.

Analysis

We believe that the exemption has been correctly applied.

As you noted, the Commissioner uses what he calls ‘the ordinary definition
of the term research: a systematic investigation intended to establish
facts, acquire new knowledge and reach new conclusions.’

These are the principles we have applied to this consultation. We are
using research methods to collect and analyse the views of respondents
about our proposed approach to the regulation of physician associates and
anaesthesia associates. The results will also inform the content of
decision-making guidance which we will introduce for physician associates
and anaesthesia associates in the first instance, and for doctors at a
later point. 

The ICO’s guidelines refer to facts, which we interpret to include
information used as evidence or as part of a report or news article.

By asking questions within the consultation, we intended to obtain
evidence to use as part of a report setting out the views of the
respondents to the consultation. We will be reflecting on these views as
we consider the best way to draft the rules and guidance.

We are using research methods to process the responses received. Some data
has been analysed using data visualisation software. Other data has been
reviewed by an analyst and has also been subject to qualitative analysis
software to generate insights on the views received.

We believe that releasing the material within the scope of the request
would be likely to prejudice the interests of the GMC and the research
itself. We have made a public commitment to [1]publish a report before the
regulation of physician associates and anaesthesia associates begins on 13
December 2024. The report will include quantitative data for each question
we asked, showing the range of responses to our proposals. It will also
set out how the feedback from the consultation has shaped the final rules,
standards, and guidance for physician associate and anaesthesia associate
regulation.

A GMC staff team is currently preparing the report. The same staff would
need to be diverted from this task if they were required to prepare the
data for disclosure. This could result in a delay to publication, which is
neither in the interests of the GMC, nor the wider public.

Furthermore, placing raw data in the public domain unaccompanied by the
substantive analysis within the report would likely generate additional
correspondence to the GMC and public commentary. This would require a
response from the staff team working on the report, further diverting
their attention, and impeding our ability to publish prior to 13 December
2024.

We believe it is not in the public interest for data from the consultation
to be available without reference to the relevant supporting information,
context and explanation that will be provided in the report. This could
result in members of the public misunderstanding the data and its
implications based on an incomplete picture or alternative, inaccurate
analysis.

We also believe it would not be in our own best interests to be diverted
from important ongoing tasks to finalise the rules, standards and guidance
in order to attempt to correct resulting misconceptions, which in any
event may not be possible after the fact. We understand and anticipate
that individuals and organisations will wish to challenge us on the
meaning and implications of the data collected, but we believe the public
interest is best served if – as a first step - the relevant contextual
information is available to anyone who wishes to access it. 

As you note, the exemption is subject to a public interest test which
considers if the public interest in maintaining the exception is greater
than the public interest in disclosing the information. We agree that in
our previous correspondence we did not provide an explanation as to the
nature of the prejudice we perceive, nor how we had considered the factors
in this test, for which I apologise.

In terms of factors in favour of maintaining the exemption, we agree with
paragraph 60 of the Commissioner’s [2]S22A guidance which recognises that:

…it is in the public interest to allow researchers to complete their
programme of research and finalise their findings before the research
programme is subjected to external scrutiny. This allows the time and
space for research findings to be thoroughly examined and tested by peer
review, and should ultimately add to the quality of the final research
report and standards of research. It also prevents an incomplete picture
arising from the publication of research that is still ongoing, or from
information being published without relevant context or explanation.

Broadly speaking, we believe that the logic of this position applies in
respect of this request.

We accept that the subject matter and contents of the consultation is an
issue of legitimate public discussion, and providing the material
requested could in principle aid transparency. However, the existence of
the live debate around this subject presents a strong rationale to allow
us the space to continue our work. This will ensure that we can deliver
our report according to our original timeline, and that further analyses
and commentary can be seen within the context of this substantive
analysis.

Your further right of appeal

You can appeal to the Information Commissioner, the regulator of the FOIA
and DPA. Their online portal for freedom of information requests is
[3]here.

IR1-4595227977- Request

For the reasons set out above, it is our view that the material in the
scope of your first request is research material as defined by the ICO for
the purposes of requests made under the Freedom of Information Act 2000.

We do not hold a research protocol for the research we are carrying out,
however, some information related to a number of your specific requests is
in the consultation documentation itself. I can provide this if you do not
already have a copy. 

If you have any comments or queries on how information access law has been
applied in respect of this request, please email [4][GMC request email].

---

Kind Regards

Matt

Matthew McCoig-Lees

Senior Information Access Officer

Information Access Team

General Medical Council

3 Hardman Street

Manchester

M3 3AW

Email: [5][email address]

Website: [6]www.gmc-uk.org

Tel: 0161 923 6579

I sometimes work flexibly and therefore this email may reach you outside
of core working hours. I don’t expect you to respond outside of your own
working hours.

General Medical Council

We work with doctors, patients, and other stakeholders to support good,
safe patient care across the UK. We set the standards doctors and those
who train them need to meet, and help them achieve them. If there are
concerns these standards may not be met or that public confidence in
doctors may be at risk, we can investigate, and take action if needed.

This email may contain privileged or confidential information which should
only be used for the purpose for which it has been sent.

If you are not the addressee or have received this email in error, please
do not read, print, re-transmit, store or act in reliance on it or any
attachments. Please email the sender and then immediately delete it.

The General Medical Council is a charity registered in England and Wales
(1089278) and in Scotland (SC037750)

You are welcome to contact us in Welsh. We will respond in Welsh, without
this causing additional delay.

_________________________________________________________________

Cyngor Meddygol Cyffredinol

Rydym yn gweithio gyda meddygon, cleifion a rhanddeiliaid eraill i
gynorthwyo gofal da a diogel i gleifion ar draws y DU. Rydym yn gosod y
safonau y bydd angen i feddygon a’r rhai sy’n eu hyfforddi eu bodloni, ac
yn eu helpu i’w cyflawni. Os bydd pryderon efallai na fydd y safonau hyn
yn cael eu cyflawni neu y gallai hyder y cyhoedd mewn meddygon fod mewn
perygl, gallwn ymchwilio, a gweithredu os oes angen.

Efallai bod y neges e-bost hon yn cynnwys gwybodaeth freiniol neu
gyfrinachol, y dylid ei defnyddio at y diben y’i hanfonwyd yn unig.

Os nad chi yw’r derbynnydd neu os ydych chi wedi cael yr e-bost hwn mewn
camgymeriad, peidiwch â’i ddarllen, argraffu, ail-anfon, storio na
gweithredu mewn ffordd sy’n dibynnu arni neu unrhyw atodiadau os gwelwch
yn dda. Dylech anfon e-bost at yr anfonwr ac yna, ei ddileu ar unwaith.

Mae’r Cyngor Meddygol Cyffredinol yn elusen gofrestredig yng Nghymru a
Lloegr (1089278) ac yn Yr Alban (SC037750)

Mae croeso i chi gysylltu â ni yn Gymraeg. Byddwn yn ymateb yn Gymraeg,
heb i hyn achosi oedi ychwanegol.

References

Visible links
1. https://www.gmc-uk.org/pa-and-aa-regulat...
2. https://ico.org.uk/media/for-organisatio...
3. https://ico.org.uk/make-a-complaint/foi-...
4. mailto:[gmc%20request%20email]
5. mailto:[email%20address]
6. http://www.gmc-uk.org/