Environment Agency
- Date 10 October 2022
- Sector Central government
- Decision(s) FOI 10: Upheld, FOI 42: Not upheld
The complainant has requested the GMC to disclose any legal opinions, reasoning’s or internal investigations in relation to the Medical Practitioners Tribunal Service’s (MPTS) practice of publishing information about forthcoming tribunal hearings prior to allegations being tested. The GMC confirmed that it does not hold this information but holds other legal advice concerning its practice to publish information after a hearing has taken place. The complainant proceeded to request a copy of this legal advice, to which the GMC responded and cited section 42 of FOIA.
The Commissioner’s decision is that the GMC is entitled to rely on section 42 of FOIA. He has however recorded a breach of section 10 of FOIA, as the GMC failed to respond to the complainant’s first request within 20 working days of receipt.
The Commissioner does not require any further action to be taken.