Medical professionals accused of criminal offences.

AuthorityDepartment of Health and Social Care
Date received2017-07-31
OutcomeAll information sent
Outcome date2017-08-15
Case ID355241

Summary

The requester asked for policies regarding medical professionals accused of criminal offences, departmental liability, and resolution procedures. The Department of Health and Social Care disclosed all requested information, providing three specific policy documents and links to external professional body codes.

Key Facts

  • The Department of Health and Social Care provided the 'Maintaining High Professional Standards Policy' for handling concerns regarding medical and dental staff.
  • The Department confirmed it is legally liable for the negligent acts of its employees under the principle of vicarious liability.
  • The 'Department of Health and Social Care Indemnity Policy' was provided to address liability arrangements.
  • The 'Isle of Man Government Department of Health and Social Care Disciplinary Procedure' was supplied as the resolution policy.
  • The response included links to codes of conduct and disciplinary procedures for the General Medical Council, Nursing and Midwifery Council, and Health & Care Professions Council.

Data Disclosed

  • 2017-07-31
  • 2017-08-15
  • 55
  • 1
  • 355241
  • IM97-087i
  • 01624 642621

Original Request

1. Medical professionals accused of criminal offences. 2. DHSC/IOMG liability 3. Resolution policy for the above.

Data Tables (1)

Full Response Text

Department of Health and Social Care Rheynn Slaynt as Kiarail y Theay Page 1 of 55 FOIA/DHSC/rvsd/01 Chief Executive: Malcolm Couch By email: Freedom of Information Team Department of Health & Social Care Chief Executive’s Office Crookall House Demesne Road Douglas Isle of Man, IM1 3QA Tel: Email: Website: Date: FOI Reference: (01624) 642621 foi.dhsc@gov.im www.gov.im/dhsc 15 August 2017 IM97-087i Dear REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your request to the Department of Health and Social Care, dated 31 July 2017 Your request You asked for: Please send me any policy / code of conduct / regulation for; Question 01: “Medical professionals accused of criminal offences” Question 02: “DHSC/IOMG liability”
Question 03: “Resolution policy for the above” Response to your request We are pleased to be able to provide a response to your request with answers to your questions: Question 01: Please send me any policy / code of conduct / regulation for Medical professionals accused of criminal offences In response to Question 01 please find the document entitled “Maintaining High Professional Standards Policy for Handling Concerns Regarding Medical and Dental Staff Employed in the Isle of Man Department of Health and Social Care” as Appendix 01. In addition to this the professional bodies to which medical professionals, nurses, allied health professionals etc. are registered also have their own codes of conduct to which their members much adhere. As examples, please find a link to the General Medical Council’s Members’ Code of Conduct here: www.gmc-uk.org/about/council/register
code of conduct.asp; the Nursing and Midwifery Council’s “The Code” here: https://www.nmc.org.uk/standards/code/; and the Health & Care Professions Council Standards of Conduct, Performance and Ethics here: http://www.hcpc-uk.org/ aboutregistration/standards/standardsofconductperformanceandethics/.
Question 02: Please send me any policy / code of conduct / regulation for DHSC/IOMG liability

Page 2 of 55 FOIA/DHSC/rvsd/01 In response to Question 02, the Department is legally liable for the negligent acts and omissions of its employees; this is known as vicarious liability. and therefore has arrangements for meeting this liability. These arrangements are included in the “Department of Health and Social Care Indemnity Policy” which we have provided for you in Appendix 02. Question 03: Please send me any policy / code of conduct / regulation for Resolution policy for the above In response to Question 03 please find the Department’s document entitled “Isle of Man Government Department of Health and Social Care Disciplinary Procedure” as Appendix 03. In addition to this the professional bodies to which medical professionals, nurses, allied health professionals etc. are registered also have their own disciplinary procedures or similar. As examples, please find information about the General Medical Council’s Investigation Process pages here: http://www.gmc-uk.org/concerns/the investigation
process.asp; the Nursing and Midwifery role in dealing with concerns or complaints here: https://www.nmc.org.uk/concerns-nurses-midwives/dealing-concerns/; and information about the Health & Care Professions Council concerns and complaints procedures here: http://www.hpc-uk.org/complaints/.
Your right to request a review
If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to the FOI Co-ordinator, Department of Health & Social Care, Chief Executive’s Officer, Crookall House, Demesne Road, Douglas, Isle of Man, IM1 3QA. An electronic version and paper version of our complaint form can be found by going to our website www.gov.im/about-the-government/freedom-of-information/how-to- make-a-freedom-of-information-request/ . Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded. If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on:

  1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or
  2. Whether we are justified in refusing to give you the information requested.
    In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. Further information about Freedom of Information requests can be found on the Information Commissioner’s website at: www.inforights.im/information- centre/freedom-of-information. Should you have any queries concerning this letter, please do not hesitate to contact us. Yours Sincerely Freedom of Information Team Department of Health and Social Care Appendix 01: Maintaining High Professional Standards Policy

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Back to Question 01 Appendix 02: Department of Health and Social Care Indemnity Policy

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Back to Question 02 Appendix 03: IOMG DHSC Disciplinary Procedure

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Back to Question 03