Brompton and placing them in files marked SC amount to SPM and if so what sanction they would impose.
Breach of patient confidentiality in relation to the letter, is a very serious offence, compounded in this case by the fact that the letter was not addressed to anyone in particular, meaning that it was read by several doctors.
As for hiding original medical records, well that was serious enough for both the AG's office and the DCFS to undertake an investigation into that. And as the GMC only heard the facts of the case in only 4 out of the 4,500 that existed, you can only guess at the harm that was done. I can name one case in which the harm that came to the children in that case was so immense as to lead to one child nearly being killed!!!
Now if the above aren't striking off offences I do not know what are!!
Professional Concerns
68. When the application for permission to appeal was renewed before Mummery and Moore-Bick LJJ, Ms O’Rourke argued that there were compelling reasons to justify a second appeal based upon the extensive professional concern that had been expressed, which reflected the ambiguity of the position of paediatricians in the field of child protection explained in [3] above. The court then made the point that there was no evidence of that concern and, in order to make good the submission, statements have now been served from a number of leading paediatricians in the field along with articles from medical and legal journals. Among other matters, these deal with the impact of the decision on the profession and the problem facing doctors if the word of an independent social worker and a doctor is to be rejected in circumstances such as these. In response, the GMC have challenged the suggestions of adverse impact on recruitment and have provided copies of publications which make it clear how these difficult interviews should be approached; save for an American textbook, this guidance post-dates the facts in this case. Ms Carss-Frisk also made the point that in none of this material has anybody suggested that it is not entirely common ground that making an allegation of murder to a mother in the terms alleged would constitute serious professional misconduct.
69. It is no part of our task to enter into issues of professional practice
or the need for guidance and, for my part, I would not do so. Child protection issues and the way in which such matters are handled remain a matter of enormous public concern and I have no doubt that paediatricians will recognise the vital importance to be attached to an approach that is focussed but sensitive. In that regard, it is clear that considerable thought has been given to the appropriate guidance which I hope will go a considerable distance to assuage remaining concern. If any remains, it requires to be addressed by the relevant bodies and not, in the first instance, by this court.
70. In relation to interviews, however, I add this. The days when a police officer corroborated by one or more other police officers was inevitably believed in relation to interviews (recorded in the officer’s notebook after the event) have long since passed. Prior to the Police and Criminal Evidence Act 1984, concern was expressed about the adverse impact of tape recording police interviews. In fact, taped interviews have removed all challenge and have assisted the administration of justice enormously. When asked why such steps were not taken in relation to those interviews in this field which are the most sensitive (in which category, the interview of Mrs M would most certainly qualify), the court was told that it was a matter of expense. Small digital tape recorders are not expensive and interviews can be stored electronically and transcribed only if some issue later arises: such a step would provide protection for the paediatrician and any other professional involved and also protection for the person being interviewed. Although it is not a matter for me, as with taped police interviews, I perceive only advantage to all and no disadvantage to anyone.
Conclusion
71. For want of adequate reasons, I would allow this appeal although I must make it clear that this conclusion is not a condemnation of Mrs M or a vindication for Dr Southall and should not be seen as either. On any showing, the panel will have to consider what penalties should be imposed in relation to the other proved charges; as for the charges relating to Mrs M, I would invite the parties to make submissions as to the appropriate order. Lord Justice Dyson :
72. I agree.Lord Justice Waller :
73. I also agree
