Dr Myhill blog post, 1 Oct 2019: My Complaint to the GMC about the PACE authors

 

1 OCTOBER 2019 – UPDATE – ICO SLAPS DECISION NOTICE ON GMC!
You can download the full Signed Decision Notice here – ICO Full Signed Decision Notice re Myhill vs GMC

GREAT NEWS regarding my complaint to the GMC about the PACE authors

Dr Sarah MyhillThe Information Commissioner’s Office [ICO] has slapped a Decision Notice on the General Medical Council (GMC). The GMC must release the evidence base for its determination not to investigate the PACE authors or admit that there was no evidence base for that decision. If there is no evidence base, then I will take the decision not to investigate the PACE authors to the High Court for a Judicial Review.

The GMC has consistently refused to release any evidence base for its decision not to investigate the PACE authors and so one might assume that there is no evidence base!

BRIEF SUMMARY
The ICO has determined that the GMC was in breach of the FOIA when it failed to give proper reasons to me as to why it determined not to investigate the PACE authors. The GMC now has 35 calendar days to provide the evidence base for its refusal to investigate the PACE authors or to state that it has no evidence base. If it does not, it will be held in contempt of court. If it transpires that there is no evidence base for the GMC’s decision not to investigate the PACE authors, then I will take that decision to the High Court for Judicial Review.

FULLER SUMMARY

  • Dr Myhill complained to the GMC about the PACE authors
  • The GMC determined not to investigate her complaint
  • Dr Myhill conducted an FOIA search on the GMC to try and determine the reasons for that rejection of her complaint
  • When the GMC papers of the above FOIA search were released, Dr Myhill considered that the GMC had determined their decision not to investigate the
  • PACE authors based purely on opinion and that there was no evidence base for their decision, or at least no evidence base as released to Dr Myhill under the FOIA search
  • Dr Myhill then asked the GMC, again by way of a FOIA request, that
    • Either they release the evidence base for their decision not to investigate the PACE authors
    • Or state they had no evidence base for such decision and that indeed their decision not to investigate the PACE authors had been based on opinion only
  • Dr Myhill considered that the GMC reply to her FOIA request as directly above was inadequate and so complained to the ICO
  • The ICO has upheld Dr Myhill’s complaint
    The GMC now has 2 options:

    • Appeal this decision
    • Answer that either they had no evidence base for their decision not to investigate the PACE authors or release the evidence base for that decision.
  • If the GMC fails to do either of the options in point 8, they will be held in contempt of court. They have 35 calendar days in which to do so.
  • If the GMC cannot supply an evidence base within 35 calendar days for their decision not to investigate the PACE authors, then Dr Myhill will take that decision not to investigate to a Judicial Review.

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