Memorandum of Understanding between the General Medical Council (GMC) and the Council for the Registration of Forensic Practitioners
August 2005
Preamble
• The purpose of this Memorandum is to set out the framework for cooperation and collaboration agreed between the Council for the Registration of Forensic Practitioners (CRFP) and the General Medical Council (GMC).
• Collaboration between CRFP and the GMC will help:
• promote high standards in the practice of forensic medicine
• protect the public and the public interest by encouraging early and effective action where doubts are raised about the fitness to practise of individuals who are registered with both bodies
• ensure that the distinct functions of the registers maintained by both bodies are clearly understood by those who consult them.
• This Memorandum relates to the areas of common ground between CRFP and the GMC. It is intended to clarify their respective roles and responsibilities and outline mechanisms to promote effective liaison and collaboration between the two organisations. It does not affect existing statutory functions or amend any other policies or agreements relating to the activities of CRFP or the GMC.
Functions of CRFP and the GMC
• CRFP's objective is to promote public confidence in forensic practice in the UK. It aims to achieve this by:
• publishing a register of competent forensic practitioners
• ensuring through periodic revalidation that forensic practitioners keep up to date and maintain competence
• dealing with registered practitioners who fail to meet the necessary standards.
• The GMC licenses doctors to practise medicine in the UK. The law gives the GMC four main functions:
• keeping up to date registers of qualified doctors
• fostering good medical practice
• promoting high standards of medical education
• dealing firmly and fairly with doctors whose fitness to practise is in doubt.
Scope
• Forensic practitioners who are medically qualified will almost always be registered with the GMC, which accordingly has statutory functions in relation to them. Nothing in this Memorandum or supporting documents changes those functions; nor do they place additional responsibilities on either organisation, or imply any transfer of responsibility from one organisation to the other or any sharing of statutory responsibilities.
• The GMC welcomes the establishment of the CRFP register and is content that its registrants should be permitted to apply for registration with CRFP. In turn, CRFP welcomes applicants for voluntary registration from those who are registered with the GMC.
• The need for collaboration between CRFP and the GMC may arise:
• through exchange of information and coordination of policy and practice
• if either organisations wishes to bring specific concerns, for example about the fitness to practise of a registered practitioner, to the attention of the other.
Sharing of information
• The contacts named in the Annex are responsible for ensuring compliance with the following procedure and protocol for the sharing of information.
• The working relationship between CRFP and the GMC will be characterised by regular contact and exchange of information at all levels of responsibility and in all areas of policy.
• Statutory constraints on the exchange of information, including the requirements of the Data Protection Act and the Human Rights Act, will be fully respected. The common law duty of confidentiality will also be maintained.
• Each organisation will respect and, as appropriate, take steps to protect the confidential nature of documents and information that the other may provide.
• Where information exchanged between CRFP and the GMC involves patient-related or other confidential information, the case will be referred with material deleted that would otherwise enable individuals to be identified. If the organisation receiving the information considers that it may need to take action against the practitioner concerned, the referring organisation will seek consent to disclosure.
• In any case where information suggests that a practitioner's registration, with either organisation, should be called into question, the GMC's statutory procedures will take precedence over those of CRFP. In such a case the GMC will normally take the action it considers appropriate, informing CRFP of the outcome. CRFP will then decide whether any action on its part is required.
• Applicants for registration with CRFP must state whether:
• they are aware of any past issues of professional conduct or performance
which might raise a doubt as to whether they should be registered as a
forensic practitioner
• there is any action pending against them in the criminal courts or by a statutory regulatory body.
• Failure by an applicant to disclose information about any such matters could lead to the applicant's application for registration being refused or later called into question.
• In cases where a false declaration comes to light, CRFP will inform the GMC accordingly.
• Subject to the requirements of the law, CRFP and the GMC will, as soon as practicable, draw to the attention of the other any information which it receives which raises a concern about the fitness for registration of any practitioner who is registered with both organisations.
• Such information will be disclosed to the relevant contact point shown in the Annex. Each organisation will ensure that any information is made available to the committees and staff who should consider it.
Communication
• The contacts named in the Annex will be jointly responsible for ensuring that all publications and literature affecting both organisations are jointly agreed. They will ensure that the distinct functions of the two registers, and the legal requirements arising from statutory registration with the GMC, are clearly explained to registrants and those consulting the registers.
• The arrangements will be kept under review by focal points at CRFP and the GMC, whose details are in the Annex.
Reconciliation of disagreement
• Any disagreements will normally be resolved amicably at the working level. If this is not possible senior managers at either organisation should seek to settle an issue.
Review
• The Memorandum will be reviewed annually and, if necessary, following any pertinent changes to the policies, procedures or structures of the two organisations.
Signed . Date ..
Alan Kershaw
Chief Executive CRFP
Signed . Date ..
Finlay Scott
Chief Executive GMC
Annex A
Contact details
Council for the Registration of Forensic Practitioners
Tavistock House
Tavistock Place
London
WC1H 9HX
Alan Kershaw
Chief Executive
020 7874 1920
CRFP focal points
Corporate Affairs
Kate Horne
Corporate Affairs Manager
020 7874 1921
khorne@crfp.org
Registration and fitness to practise
Russell Howes
Registration Manager
020 7874 1922
rhowes@crfp.org
General Medical Council
Regent's Place
350 Euston Road
London
NW1 3JN
Finlay Scott
Chief Executive/Registrar
020 7189 5015
opce@gmc-uk.org
GMC focal points
Strategy and Planning
Helen Chandler
0207 189 5027
hchandler@gmc-uk.org
Responsible for Memorandum and liaison with other organisations
Registration
Martin Holt
Head of Applications
0161 923 6629
mholt@gmc-uk.org
Fitness to Practise
Jackie Smith
Head of Investigations
020 7189 5132
jsmith@gmc-uk.org