Potential Defamation of Practitioners

susan charnock made this Freedom of Information request to Medical Practitioners Tribunal Service

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Response to this request is long overdue. By law, under all circumstances, Medical Practitioners Tribunal Service should have responded by now (details). You can complain by requesting an internal review.

Dear Medical Practitioners Tribunal Service,

I have surprisingly noted that GMC/MPTS hearing dates with the name of the practitioner and details of the untested allegations are published in advance on your websites.

Unless or until the allegations are proven, there remains the reasonable possibility that the allegations will be found unproven. ( The Law Courts system merely lists the names of defendants and not the details of the allegations prior to any hearing. )

What is the MPTS policy for managing data and using it appropriately, fairly and without injustice to the data subject?

Does the MPTS have a policy on vetting any public disclosure (such as the mpts hearings calendar with names of practitioners and details of untested allegations) to ensure there is no possibility of defamation by act or omission?

What are the internal guidelines of the MPTS which stipulate the disclosure of allegations into the public domain prior to an actual hearing?

Has the MPTS taken legal advice from legal Counsel to clarify whether it is committing defamation by publishing untested/unproven allegations prior to a hearing taking place?

Is the MPTS bound by the same laws as the rest of the United Kingdom?

Is the MPTS bound by the Data Protection Act?

Yours faithfully,

susan charnock

Dear Ms Charnock

Your information request –  F16/8049/ME

Thank you for your email dated 24 March addressed to the Medical
Practitioners Tribunal Service, your request has now been passed to the
Information Access Team.

How we will consider your request

We’re going to look at 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. 

Who to contact 

Mark Ellen will be handling your request. If you have any questions you
can call him on 0161 923 6347 or email him at [1][email address].

Yours sincerely

Miss Sadie Jones

Information Assistant

[2][email address]

0161 250 6889

 

General Medical Council

3 Hardman Street

Manchester

M3 3AW

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Mark Ellen (0161 923 6347),

Dear Ms Charnock

Reference: IAT/ME/F16/8049

Thank you for your e-mail of 24 March 2016.

The Medical Practitioners Tribunal Service (MPTS) is statutory committee of the General Medical Council (GMC) and operates separately from the GMC's role in carrying out investigations. MPTS tribunals make independent decisions about a doctor's fitness to practise.
The MPTS policy relating to data can be found here: http://www.gmc-uk.org/publications/right...

The functions of the Medical Practitioners Tribunal Service (MPTS), and the way the MPTS carries out those functions, are set out in law. The Medical Act 1983 is the legal basis for all that the GMC and MPTS does (http://www.gmc-uk.org/about/legislation/...).

The publication of information before and after MPTS hearings is governed by the GMC's Publications and Disclosure policy: http://www.gmc-uk.org/DC4380_Publication...

The MPTS are bound by UK law.

The MPTS are bound by the Data Protection Act 1998.

Yours sincerely
Mark Ellen

Mark Ellen
Information Access Team
General Medical Council
3 Hardman Street
Manchester  M3 3AW
Direct Line: 0161 923 6347

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S. Ali left an annotation ()

I have no relation or had any contact with the above author. It is a reasonable and 'just' request that has been refused but not pursued. A new request has been made https://www.whatdotheyknow.com/request/d...