GMC finds paediatrician guilty of abusing his position
BMJ 2004; 328 doi: https://doi.org/10.1136/bmj.328.7454.1455 (Published 17 June 2004) Cite this as: BMJ 2004;328:1455All rapid responses
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Point of correction.
I did not go to Professor Southall's trust alone and make
unsubstantiated allegations. I went with another parent who made her own
allegations about how her case had been handled.
The allegations that were made were supported with documentary
evidence.
They are and were the very same allegations that are now through to
PCC for 6 of the seven other complainants.
The GMC will no more dent child protection work than Shipman dented
GP work by holding those responsible for gross errors of judgement
accountable.
Competing interests:
Campaigner against false allegations of child abuse/MSbP etc etc
Competing interests: No competing interests
The "lay campaigners", the parents falsely accused and other
interested parties involved in the MSbP debate have consistently been
accused of harassing doctors involved in child protection by making death
threats, sending hate mail etc. I have, over the last 6 months, had to
vigorously defend "our" position too a disbelieving media, telling them
that as far as I am aware, not one member of MAMA (www.msbp.com) who is a
genuine member of that web site's discussion forum, has done any of the
things alleged by the RCPCH.
We have, just as the BMJ has, had an impostor on our board for well
over 6 months now, that person intimidated and threatened parents and made
direct threats against me. When that didn't silence parents, that same
impostor then started posting death threats against paediatricians in
order to make it look as if MAMA members were responsible. All of this is
in the hands of the police at present.
I don't know what it is about allegations of MSbP that provoke such
intense feelings in people that then drives them to take such action.
Perhaps the answer lies in David Southall's allegation that Stephen Clark
murdered his sons, a typical example of some of the current dogmatic
beliefs held in child protection work. Such an extreme and
unsubstantiated allegation probably invokes an equally extreme reaction.
What do you do when you are met with such idealism? My experience is that
you either side with that extreme view with fervour or rigidly oppose it.
That's how entrenched positions are created. Not helpful to child
protection at all.
Perhaps when the BMJ has taken it's legal advice, they will be able
to explain to other readers what has actually gone on here and perhaps the
BMJ, the media at large and the RCPCH will begin to believe that they
never had anything to fear from "us" the "lay campaigners", concerned
individuals and falsely accused parents, all we ever wanted was the truth.
Any member of the medical profession who has received any form of
threat should take it to the police. In particular if it was sent via
email as it can be traced back to a single computer no matter how many
email accounts it has come through.
I wonder will the RCPCH take me up on my offer now, will you meet the
falsely accused parents to work towards a better child protection system?
Competing interests:
Campaigner against false allegations of MSbP.
Not impersonating anyone.
Competing interests: No competing interests
Both of Ed Cooper and Penny Mellor may be right in what they say, I
think, because the hearing in front of the Professional Conduct Committee
is a quasi-judicial procedure in which the same standards and reporting
freedoms (or restrictions if so decided) apply as in courts of law.
Complainants may indeed have their 'day in court' even if not a
criminal prosecution or civil 'tort' hearing. And the media, if present,
may make a contemporaneous report without fear of action for defamation
provided it is an accurate account of what was said by witnesses (giving
evidence only under oath).
We heard some very striking testimony in a widely publicised PCC
hearing recently. We may well hear more in other signposted hearings
coming up later this year.
I think this may well be what Penny Mellor means when she talks about
'their day in court'. And of course Ed Cooper is right when he says the
decision making role of the PCC is limited. But what happens at the
hearing before it announces its ruling is much less so.
And this is why and where parents want their say and their day, I
suggest.
Competing interests:
None declared
Competing interests: No competing interests
To whom it may concern?
Re " The self appointed campaigners "
Agenda for lobby February 14th 1995
In 1991/92 it became apparent via the media (in those days there was
no internet) that there were a very small number of parents spread
throughout the UK who were claiming that they had been falsely accused of
MSBP, at the beginning it was protestations of our innocence and then
later when we had ALL had our children returned we attempted to create an
awareness of the wrongful accusation of MSBP and the removal of children
on the back of that allegation. This was incredibly difficult however
because unlike Rochdale, Cleveland, and Orkney these cases were very
cleverly (some might say) spread out across the UK so there was no cluster
or pattern. The thing that some of these cases had in common were two
names, Dr Roy Meadow, & Dr David Southall. The common denominator in
all of them was Dr David Southall!
We made every attempt to raise awareness NO ONE in authority would
take any notice, they were just being told by Meadow Southall et all that
these parents were all MSBP cases and so proven liars - therefore to be
ignored. This attitude was adopted by all the so-called child protection
agencies also.
On the 14th February 1995 a very small number of innocent families
lobbied the General Medical Council, the BMA, the DoH and the House of
Commons. We handed in a petition to the General Medical Council.
I have recently found the basis of that Lobby and I will give you a
few extracts
.
“We mothers want a Cleveland style inquiry into the way that suspected
Muncheuson Syndrome by Proxy abusers and their babies are being treated.”
“In May 1994 we offered to let the BPA study our cases, the offer was
ignored, and the Lancet supported us.”
“Our concerns are not restricted to Professor Southall and his child
abuse team…….. Specialists everywhere do not understand MSBP. They cannot
even agree on what it is. We suffer from their ignorance and confusion.”
“Dozens of mothers have been falsely accused, their babies mistakenly
being taken into care and some may even have been wrongly put up for
adoption.”
The secrecy of the children’s courts prevents the public knowing
about this, but we know because we are the proof of false accusations
which the secrecy enables the doctors to deny are happening. We are
willing to let our cases be investigated.”
“Experts say that the work of the doctors in Staffordshire is
unethical and that research on mothers and babies has been undertaken
there without the approval of the local ethics committee or the consent of
parents. (See Journal of Medical Ethics February 1995)”
“Last month the DoH slipped out a new guidance which officially told
social workers they should deceive mothers and conceal from them suspicion
of abuse during official investigation, when they most need legal help and
a second expert medical opinion.
This is unfair, unjust; a breach of human rights and will be misused by
overzealous doctors and social workers. It ignores Cleveland
recommendations. We believe it will result in an explosion of false MSBP
child abuse allegations, a false allegation is child abuse too.”
“This guidance must be withdrawn before any more damage is done and
there must be an official inquiry into Munchausen Syndrome by Proxy. We
want the GMC to examine what doctors are doing to mothers and babies. We
want the BMA to discuss our concerns tomorrow Wednesday in its Ethics
Committee Meeting. We want MP’s to take notice.”
This was just a few families, no organised campaign, and certainly
not a group of parents saying that child abuse did not exist, not even
claiming that MSBP did not exist, just trying to raise concerns about the
way these accusations, diagnosis’ were being made, and the horrific
terrifying effect that wrongful allegation had on innocent families.
This was long before Sally Clark, Trupti Pattell or Angela Cannings
and before concerns were raised in relation to CNEP
I have no contact with those original families now, time has moved on but
I am certain that none of us will glean any pleasure that we are in the
position of being able to say “ We told you so!” All we feel is great
sadness and a deep regret that we did not achieve our aim soon enough!!
Competing interests:
None declared
Competing interests: No competing interests
Dr Cooper you may have noticed that I put "their day in court" in
quotes, it was a metaphorical statement. Most have had their day in
court, the secret family court, most haven't ever been able to tell "their
side" of the story for fear of being imprisoned for contempt. Do not think
for one moment that the other processes for ascertaining the truth and
ensuring accountability aren't also being pursued, it's just the PCC
hearing into the Clark's complaint came first in this instance.
I know what the role of the GMC is, although apparently the GMC
doesn't know themselves!
Perhaps you would like to address the problems I set out in my
original post and answer me this, why is the "last in first out" when it
came to complaints going fowrard to PCC.
I would also like to know why it is that a consultant paediatrician
having been found guilty of serious professional misconduct, who displays
a distinct lack of judgement and dogma in the way in which he makes a
diagnosis, is then allowed back to work with children whilst he awaits his
fate?!
Competing interests:
Campaigner against false allegations of MSbP etc
Competing interests: No competing interests
Penny Mellor has a misconception of the role of the GMC, summed up in
her phrase, for multiple complainants, "their day in court". The
Professional Conduct Committee is not a court for the righting of wrongs.
The GMC's relevant role is as a body granting a professional licence to
practise. When the competence, probity, etc, of a practitioner is called
into question, e.g. by a complaint, then this committee considers the
continuing registration of the practitioner and whether cautions,
suspension or erasure should be applied. That is its only role.
As a court for the righting of wrongs - "tort" in civil law - the
committee is signally ill-equipped and badly constituted. There are other
courts, with the power of awarding damages, where alleged torts can be
addressed. The GMC has recently appeared to those complainants who feel
wronged as an alternative to the civil courts of law. However, this trend
needs to be checked. It has the potential to confuse the process of
doctors' regulation to the detriment of both the medical safety of the
people and, ultimately, their right to justice.
Competing interests:
None declared
Competing interests: No competing interests
"The GMC has recently appeared to those complainants who feel wronged
as an alternative to the civil courts of law. However, this trend needs to
be checked. It has the potential to confuse the process of doctors'
regulation to the detriment of both the medical safety of the people and,
ultimately, their right to justice".
I can only speak for my family in relation to the above comment, but
I would like to make it very clear to this gentleman that there is no
confusion on our part about the supposed role of the GMC, it is certainly
not for us, an alternative to a civil case, that along with a police
investigation is ongoing.
We have however for some 13 years been trying to get the GMC to
fulfil its role in relation to what it is supposed to do " Protect
patients, guide doctors". We have long since given up hope of it
fulfilling the role it's supposed to play let alone want or expect it to
play another!
Competing interests:
Parent who has been trying to get the GMC to fulfil its role for 13 years !
Competing interests: No competing interests
Ed Cooper has raised the double edged sword which only a public
inquiry can resolve - when can we expect this to begin?
Competing interests:
Specialist and Expert Witness in ASD and ADHD spectrum disorders
Competing interests: No competing interests
If Professor David Southall is struck off, no further complaints can
ever be heard at the GMC, meaning the other seven complainants will not
get "their day in court".
Interestingly, I know six of the other seven cases, one of who's
complaint dates back to 1987. In fact all of the six complaints predate
Stephen Clarks. The others date from 1996/97. (Long before any involvement
I had)
Did the GMC take the Clark complaint forward first because it was the
one with the highest profile?
Did they take it forward first because it was the simplest?
It had nothing to do with case preparation, that much we do know, the
other complainants prepared their own cases with the "expertise of the
most experienced of lawyers" according to one of the country's leading
silks. Is it that because the complaints have been left to gather dust
for so many years that the GMC are going to be severely criticised because
their lack of action had some part to play in the Southall/Clark debacle?
Is it fair that the historical complaints from parents who quite
independently from each other, made a series of very serious complaints,
supported with documentation, from a period spanning the late 80's to the
late 90's are now going to be left high and dry?
Did allegations that parents were making "vexatious" complaints in
the BMJ [1] against paediatricians unduly influence the GMC?
If David Southall is suspended from the register as part of his
punishment, then those complaints go on hold until such time as his
registration is restored. Is that fair?
Theoretically there is an argument for abuse of process and the right
to a fair and speedy "trial" under article 6.1 of the Human Rights Act.
Is this why the Clark case was put forward first, because the GMC are in a
legal bind?
It therefore follows that other complainants to the GMC may just find
themselves in the same position since the implementation of the Human
Rights Act.[2]
Why haven't the GMC got a system in place that allows for every
complaint against an individual doctor to be heard, no matter how serious
the first of those is?
And whilst I deplore the actions of David Southall in the Clark case
and feel for his family in having been subjected to yet another false
allegation, I believe that every complainant has the right for their
evidence to be heard in a public forum.
I have sought and obtained permission to relay certain details about
the other 6 complaints.
BMJ 2002;324:167 ( 19 January )
Letters H Marcovitch et al
GMC must recognise and deal with vexatious complaints fast [1]
http://www.hmso.gov.uk/acts/acts1998/80042--d.htm#sch1 [2]
Competing interests:
Campaigner against false allegations of MSbP etc etc
Competing interests: No competing interests
Re: GMC must not deter detection of child abuse
Dr Samuels defence of Dr Southall seems to follow a pattern.
Prof Meadows is being pressured about the clark case, so in weighs
Southall. Southall gets it from the GMC, in weighs Samuels. All fine and
well by me, but where they fall down is that they jump up and down and cry
foul when a few parents start talking and help each other out. Parents
then become the ones trying to prevent the detection of abuse and are
nothing more than child molesters. Funny thing is that these parents are
the ones calling for a full and independant public enquiry. I have not
heard the GMC or any of the doctors profesional bodies do the same. So who
is hiding and in denial? So come on Prof Craft of the RCPCH, lets hear it
for the children.
Those who claim that the child protection industry is in crisis,
because of recent events, are once again, using peoples fears to mask
their own actions. My whole life all I can remember is, one enquiry after
another coming up with the same war cry. There is never enough resources
or doctors and Social workers are afraid etc etc. Time to take the fingers
out and look at it properly. Until then we will stumble from one Cleveland
to the next.
The subject of Child Protection is wide and full of controversy. I
don't have the answer as to how to make it work properly, god knows I
would love to have all the answers. What I do know is that those who falsely accuse parents ADD to child abuse, rather than prevent it. The time has come to
explode the myth that the paper professors know best. If we are to secure
the safety of our children, then we must accept that fault exists on both
sides and the adversarial nature of our system must change. Fact, not
fiction, or "leaps of faith" must be used to weed out the abusers on both
sides.
We all pontificate about the protection of the children coming first.
Time to prove it. Have a full public and independant enquiry, aimed at the
truth, not a side.
Competing interests:
I have no conflict, I seek truth and justice.
Don't get paid for my opinions.
Competing interests: No competing interests