Regulating doctors, ensuring good medical practice

Memorandum of Understanding between the Criminal Cases Review Commission and the General Medical Council

September 2010 

Preamble

  1. 1.  The purpose of this Memorandum of Understanding is to set out a framework between the Criminal Cases Review Commission (CCRC) and the General Medical Council (GMC) to facilitate liaison between the two organisations on areas of common interest.
  2. 2. This Memorandum relates to the areas of interface between the CCRC and the GMC, clarifies respective roles and responsibilities and outlines the mechanisms in place to promote effective liaison.
  3. 3. This Memorandum does not affect any existing statutory functions or amend any other policies or agreements relating to the activities of the CCRC and GMC.

Functions of the CCRC and the GMC

The Criminal Cases Review Commission

  1. 4. The Criminal Cases Review Commission is an independent public body responsible for investigating suspected miscarriages of criminal justice in England, Wales and Northern Ireland.
  2. 5. The CCRC was established as an executive non-departmental public body (NDPB) on 1 January 1997, and commenced dealing with casework from 31 March 1997. Its powers derive from the Criminal Appeal Act 1995, and its main responsibilities are:
    1. a. to investigate suspected miscarriages of justice;
    2. b. to refer a conviction (or a sentence, verdict or finding) to the Crown Court or the Court of Appeal where there is a real possibility that the court would not uphold it were a referral to be made;
    3. c. to investigate a matter at the direction of the Court of Appeal;
    4. d. to provide assistance, at the request of the Home Secretary, on any matter relating to his consideration of whether to recommend the exercise of the Royal Prerogative of Mercy;
    5. e. to refer matters to the Home Secretary for consideration of the exercise of the Royal Prerogative of Mercy.
  3. Further details about the remit of the CCRC can be found at Annex A.

General Medical Council

  1. 6. The GMC is a statutory body responsible for regulating the medical profession in the United Kingdom. Its purpose is to
    1. ‘protect, promote and maintain the health and safety of the community by ensuring proper standards in the practice of medicine.'
  2. 7. The GMC has statutory powers under the Medical Act 1983 (as amended) to take action when concerns are raised about the performance, conduct or health of individual doctors of a level of seriousness which calls into question the doctor's fitness to remain on the medical register without restriction.
  3. 8. The GMC is not a general complaints body and can act only where there is evidence that a doctor may not be fit to practise. Lesser problems can usually be resolved locally, for example through National Health Service procedures. Further details about the remit of the GMC can be found at Annex B.

Collaborative working arrangements

  1. 9. Collaborative working between the organisations falls into two areas:
    1. a. the exchange of information;
    2. b. communication and liaison.

The CCRC requesting information from the GMC

  1. 10. Section 17 Criminal Appeal Act 1995 provides the CCRC with a power to obtain any material in the possession of a public body which may assist the CCRC in any of its functions. The CCRC has often requested specific information from the GMC under section 17 perhaps in relation to a pattern of complaints about a doctor, or the history of previous complaints.
  2. 11. This Memorandum of Understanding is intended to facilitate an exchange of information between the CCRC and the GMC on matters where it may not be appropriate for the CCRC to exercise its power under section 17, or the CCRC discovers information relating to a doctor that should be provided to the GMC.

CCRC informing the GMC of concerns

  1. 12. During the case review process the CCRC may discover information that raises concerns about a doctor's fitness to practice. This may be in relation to clinical practice, although is more likely to be in relation to the doctor's role as an expert witness in court proceedings.
  2. 13. If the CCRC discovers matters that raise concerns about an individual doctor's fitness to practise or to give evidence as an expert witness, the CCRC will inform the GMC.

The GMC informing the CCRC of concerns

  1. 14. The GMC may discover information affecting an individual doctor's fitness to practise that may affect his/her credibility as an expert witness. In cases where the GMC is aware that the doctor in question is acting as an expert witness for the CCRC they will inform them. The CCRC may also contact the GMC on an ad hoc basis to check on the fitness to practise of a doctor who acted as an expert witness in a case they are now reviewing.

The GMC disseminating information about the CCRC

  1. 15. The GMC will promote knowledge and understanding of the role of the CCRC among doctors by including appropriate references in its literature and website.

Confidentiality and Data Protection

  1. 16. Both parties will comply with the eight data protection principles contained in the Data Protection Act 1998 (DPA). Sensitive personal data will be exchanged only under circumstances where the DPA permits such an exchange to take place.
  2. 17. Both parties will also observe the common law duty of confidentiality. This means that information which has been provided on the understanding that it will be used for a specific purpose or purposes, and not disclosed or used for other purposes, must be treated as confidential. Confidential information can be disclosed only where this is required by law; where the subject of the data agrees to the disclosure; or where the public interest in the disclosure outweighs the individual's privacy interests.
  3. 18. Both signatories to this MoU are subject to the Freedom of Information Act 2000. In many cases information exchanged between signatories will be sensitive in nature and likely to be exempt from disclosure, but there may be more general information shared which would be subject to disclosure under the provisions of the Act. If one of the signatories receives a request to disclose information to a third party, and that information has originated from the other signatory, then the request will be discussed first.
  4. 19. The Human Rights Act 1998 also applies to both signatories to this MoU.

Communication and liaison arrangements

  1. 20. To promote their working relationship and the flow of relevant information, the CCRC and GMC will discuss matters as openly and as regularly as possible by both formal and informal means. This will include: 
    1. a. An annual review meeting between representatives [to be nominated and agreed] from the CCRC and the GMC;
    2. b. Issuing invitations to comment on or contribute to policy and operational guidance, reports and other mechanisms, as appropriate, in order to ensure factual accuracy, to benefit from each other's knowledge and expertise, and to promote consistency of advice.

Reconciliation of disagreement

  1. 21. Any disagreements will normally be resolved amicably at working level. The focal contact points will seek to settle the issue and ensure a mutually satisfactory resolution, failing which the Chief Executive of the GMC and the Casework Director of the CCRC may be involved as necessary.

Review of Memorandum of Understanding

  1. 22. This Memorandum will be reviewed annually and, if necessary, on an ad hoc basis following any pertinent changes to the structure, policies and procedures of the parties concerned.

 

Signed:____________________ Date:____________

Finlay Scott

Chief Executive GMC

 

Signed:____________________ Date:____________

Jacky Courtney

Chief Executive CCRC 

Annex A

CCRC'S Remit

Purposes and constitution

  1. 1. The Criminal Cases Review Commission is an independent public body responsible for investigating suspected miscarriages of criminal justice in England, Wales and Northern Ireland.
  2. 2. The Criminal Appeal Act 1995 specifies that there shall be no fewer than 11 Commissioners, appointed by Her Majesty the Queen on the recommendation of the Prime Minister. At least one third of the Commissioners must be legally qualified, and at least two thirds must have knowledge and experience of the criminal justice system. As at 1 November 2004 there are 15 full-time and part-time Commissioners in post.

Functions

  1. 3. Section 13 of the Criminal Appeal Act 1995 provides that the Commission may refer a conviction, verdict, finding or sentence to the Crown Court or the Court of Appeal if it considers that there is a real possibility that the conviction, verdict, finding or sentence would not be upheld were the reference to be made.
  2. 4. As required by schedule 1(6) to the Criminal Appeal Act 1995, all decisions to refer a case to the appropriate appellate court are taken by a committee of three Commissioners. All decisions not to refer a case are taken by either a single Commissioner, or a committee of three Commissioners, depending on the complexity of the case.

Annex B

GMC'S Remit

Purpose and constitution

  1. 1. The GMC is the regulator of the medical profession. It is a charity (registration number 1089278), and its purpose is to protect, promote and maintain the health and safety of the community by ensuring proper standards in the practice of medicine. It is also a statutory body and its core functions are defined by statute (the Medical Act 1983, as amended).

Functions

  1. 2. The GMC is required by law to:
  2.  
    1. a.  keep up to date registers of qualified doctors
    2. b.  foster good medical practice
    3. c.  promote high standards of medical education
    4. d. deal firmly and fairly with doctors whose fitness to practise is in doubt.

Annex C

Criminal Cases Review Commission (CCRC)

Alpha Tower
Suffolk Street Queensway
Birmingham B1 1TT

Switchboard: 0121 633 1800
Email: ccrc@gtnet.gov.uk

CCRC Contact Point

Casework Support Manager
Tel:       0121 633 1800
Fax:      0121 633 1823
Email:   info@ccrc.x.gsi.gov.uk

General Medical Council

Regent's Place
350 Euston Road
London
NW1 3JN

GMC Contact Points

Head of Investigations
Tel:       0161 923 6402
Fax:      0161 923 6578
Email:   practise@gmc-uk.org

Paul Myatt – Strategy and Planning Unit (responsible for MoU issues)
Tel:       020 7189 5147
Email:   pmyatt@gmc-uk.org