Terrorism related suspensions + copy of interim order for 'IB'
Dear General Medical Council,
SECOND DIVISION, INNER HOUSE, COURT OF SESSION
2022] CSIH 38
P277/22
IB against THE GENERAL MEDICAL COUNCIL
I am unable to find the interim order referred to in 'IB' on your website:
[1] ...On 26 October 2020 an Interim Orders Tribunal made an interim order for suspension of the reclaimer’s registration for a period of 18 months...
https://scotcourts.gov.uk/docs/default-s...
1. Please send me a copy of the interim order.
2. Please provide the number of doctors who had their registrations suspended in each of the last three years in relation to allegations of terrorism.
Yours faithfully,
J Roberts
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Thank you
Information Access team
General Medical Council
Email: [GMC request email]
Dear J Roberts,
Your information request – IR1-3671747895
Thank you for your email below dated 30^th August 2022. Your request has
been passed to the Information Access Team for us to respond to.
How we will consider your request
You’ve asked that we 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.
Who to contact
Remi Owolabi will be handling your request. If you have any questions you
can contact her via email at [1][email address].
Yours sincerely,
Louis Schofield
Information Policy Administrator
General Medical Council
3 Hardman Street
Manchester M3 3AW
Dear J Roberts
Your information access request
Thank you for your email dated 30 August 2022, where you request a copy of
an interim order and the number of doctors who had their registrations
suspended in each of the last three years in relation to allegations of
terrorism. I’ve considered your request under the Freedom of Information
Act 2000 (FOIA).
Q1 – Interim order determination
Interim Order Tribunals are held in private (unless a doctor requests a
public hearing) and as per our [1]publication and disclosure policy for
fitness to practise the determinations are not published or disclosed.
However, the outcome of an interim order can be viewed, whilst active, on
a doctors record via our [2]medical register. I am afraid that I am unable
to provide you with any further details on the IOT decision as this would
be in breach of data protection legislation.
We believe it’s reasonable for doctors and complainants to expect that
complaints will be treated as confidential. If a case progresses to a
hearing, or an investigation concludes with a warning or undertakings,
certain information may be made publicly available by the GMC, in line
with our publication and disclosure policy for fitness to practise
information. Otherwise the information is treated as the confidential
personal data of the doctor and other parties involved. I’ve given details
of the exemption under the FOIA which applies below.
The exemption
Section 40(2), by virtue of section 40(3A)(a)
This exemption applies where the information is the personal data of a
third party and where releasing the information would breach any of the
principles relating to the processing of personal data listed at Article 5
of the General Data Protection Regulation (GDPR). In this instance
disclosure would breach the first principle, which requires the processing
of information to be lawful, fair and transparent. I do not believe that
any of the legal bases for processing listed at Article 6 of the GDPR are
met and therefore giving you the information would be unlawful.
Q2 – Suspensions relating to terrorism allegations
In the last 3 years, I can confirm that one doctor has been subject to an
interim order of suspension where the allegations related to terrorism.
Interim orders tribunals decide if a doctor's practice should be
restricted while an investigation takes place.
This data is correct as of 20 July 2022.
Your right to appeal
I'm sorry I couldn’t provide all the information you requested. If you
would like to appeal this decision please set out your reasons in writing
to [3][GMC request email]. Please note that we will only usually consider
appeals received within 40 working days of our response. You can also
appeal to the [4]Information Commissioner, the regulator of the FOIA and
DPA at:
Customer Contact
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Yours sincerely
Remi Owolabi (she/her)
Information Access Officer
General Medical Council
3 Hardman Street
Manchester M3 3AW
Email: [5][email address]
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J Roberts left an annotation ()
'In the last 3 years, I can confirm that one doctor has been subject to an interim order of suspension where the allegations related to terrorism. '