Information Commissioner's Office

Summary: The complainant made a request under the Freedom of Information Act 2000 (the -�Act-�) to the General Medical Council (the -�GMC-�) for an explanation as to why allegations against a named doctor had been dropped, together with information regarding expert witness reports. The GMC confirmed that it held information that fell within the scope of the request but refused to disclose it, citing section 40 of the Act. After carrying out an internal review the GMC also stated that section 42 applied to some of the withheld information. After considering the case the Commissioner believes that this information was exempt from disclosure under section 40(2) by virtue of section 40(3)(a)(i). Therefore the Commissioner believes that the information should be withheld. The Commissioner also decided that the GMC did not fulfil the requirements of section 17(1)(b), in that it did not fully cite the exemption it was seeking to rely upon.
Section of Act/EIR & Finding: FOI 17 - Complaint Upheld, FOI 40 - Complaint Not upheld