The advice that informed our appeal

We appealed the medical practitioners tribunal’s decision to suspend Dr Bawa-Garba based on legal advice.

The Information Commissioner recently decided that this legal advice and accompanying documents from our legal advisors are disclosable under the Freedom of Information Act (FOIA). The Commissioner found that while we correctly assessed these documents as legally privileged, they can be requested through the FOIA due to the exceptional degree of public interest^* in this case. 

We’ve accepted the Commissioner’s decision and have published the documents below.  

• Legal advice and legal grounds of the appeal. These documents focus on the medical practitioners tribunal’s handling of the case, specifically on mitigation and remediation. The documents also set out the issues around maintaining public confidence in the profession. 
• Memoranda from our principal legal advisors to our Chief Executive. This summarises the legal advice and considerations to make when deciding whether to appeal. The document includes the form to complete if an appeal is made.
• We have also published the email from our General Counsel and Director of Fitness to Practise and email from our Senior Legal Advisor, which were used to send the memoranda to our Chief Executive. 

* By public interest, we’re referring to the exceptional regulatory importance of this case.