FOI-02620

#Request
 
Received 17 February 2025: 
 
_‘may I have details of your independent doctor so I can check them out.’_
 
Received 25 February 2025: 
 
_‘Please could you arrange for me to receive the Freedom of Information Act so that I can check the qualifications of your independent doctors.’_
 
#Our response 
 
I can confirm that the NHS Business Services Authority (NHSBSA) holds some of the information you have requested.  
  
#Question 1
  
I can confirm that we do hold information on the names and General Medical Council numbers for independent medical assessors. Please note that this response does not relate to a specific claim or claimant. The request is being answered more generally given requests under FOIA are requester-blind, that is to say the identity of the requester is not taken into account when considering a request for information under FOIA.  
  
We consider the name and GMC number to be personal data under the Data Protection Act 2018. Disclosure of medical assessors’ names or GMC numbers would result in the identification of the medical assessors when entered into the GMC public register.  
 
Please be aware that I have decided not to release the names and GMC numbers of the medical assessors as this information falls under the exemption in section 40 subsections 2 and 3(A)(a) of the FOIA.  
As the requested information would allow a medical assessor to be identified, I consider this information is exempt. This is because it would breach the first data protection principle as:  
  
A.	it is not fair to disclose medical assessors’ personal details to the world and is likely to cause damage or distress. 
B.	these details are not of sufficient interest to the public to warrant an intrusion into the privacy of the medical assessor. 
  
The requested information is exempt if disclosure would contravene any of the data protection principles. For disclosure to comply with the lawfulness, fairness, and transparency principle, we either need the consent of the data subject(s) or there must be a legitimate interest in disclosure. In addition, the disclosure must be necessary to meet the legitimate interest and finally, the disclosure must not cause unwarranted harm.  
  
This means that the NHSBSA is therefore required to conduct a balancing exercise between the legitimate interest of the applicant in disclosure against the rights and freedoms of the medical assessor.  
  
While I acknowledge that you have a legitimate interest in disclosure of the information, the disclosure of the requested information would cause unwarranted harm.  
  
Disclosure under FOIA is to the world and therefore the NHSBSA has to consider the overall impact of the disclosure and its duty of care. The expectation of the medical assessors is that they will remain anonymous and will therefore not be subject to contact or pressure from claimants or campaigning groups.  
  
Given the certainty that the name and/or GMC number will identify the medical assessor there is a reasonable expectation that this information will not be disclosed under the FOIA. Disclosing this information would be unfair and as such this would breach the UK General Data Protection Regulation first data protection principle.  
  
Please see the following link to view the section 40 exemption in full: 
 
https://www.legislation.gov.uk/ukpga/2000/36/section/40   
  
#Question 2
  
I have established that the NHSBSA does not hold this information. This is because the medical qualifications and experience of the medical assessors are the responsibility of the third-party medical assessment supplier.  
  
I hope, however, that the following information provides reassurance on this point. 
  
All claims are assessed by the independent medical assessment supplier with a consistent approach.  
 
Each case is considered on its own merits, by an experienced independent medical assessor.  
  
The contract with our supplier does not require them to tell us details of the qualifications of the medical assessors or their experience.  
  
The contract requires that all assessments carried out are undertaken by suitably qualified and experienced registered medical practitioners. This includes being registered on the UK General Medical Council register, with a licence to practise and meet or exceed the following requirements:  
 
•	they are a registered medical practitioner with at least five years’ post graduate experience; and  
•	they have experience of the performance of medical and/ or disability assessment, addressing questions of causation and impact in the context of legislative or policy requirements to assist the decision maker 
  
#Data Queries 
  
Please contact foirequests@nhsbsa.nhs.uk ensuring you quote the above reference if you have any specific questions regarding this response; or, if you feel you may be misunderstanding or misinterpreting the information; or, if you plan to publish the data.  
  
#Reusing the data and copyright 
  
If you plan on producing a press or broadcast story based upon the data, please contact communicationsteam@nhsbsa.nhs.uk. This is important to ensure that the figures are not misunderstood or misrepresented.  
  
The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988 and is subject to NHSBSA copyright. This information is licenced under the terms of the Open Government Licence detailed at:  
  
https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ 
  
Should you wish to re-use the information you must include the following statement: “NHSBSA Copyright 2025” Failure to do so is a breach of the terms of the licence.

Organization: Freedom of Information Disclosure Log