GPs' legal obligations

My question is not regarding benefits; it is about my GP’s legal obligations towards me. I am hoping someone might be able to point me in the right direction regarding the information I require.

I am, until 14 August, employed by NHS Greater Glasgow and Clyde, who have decided to terminate my contract on the grounds of capability due to ill health.

Recently, I made an application to the Scottish Public Pensions Agency (SPPA) for ill health retirement benefits from the National Health Service Superannuation Scheme (Scotland). They, however, rejected my application but advised that if I forwarded information regarding my health conditions they would reconsider.

I quote from their letter:

‘It may be that he might meet the pension criteria…but I do not consider that the medical evidence currently submitted is sufficient to support that the criteria are met. I suspect that there is further medical and functional information which I would like to see if available.

‘You may wish to consider this as interim guidance until it is established if:

‘• the GP/specialist is able to provide further information about his underlying conditions, the main medical causes of his incapacity, symptoms and the treatment plan

‘• The GP / specialist is able to provide further information regarding the fatigue, any
investigations that have been undertaken, the likely cause and the treatment plan

‘• The GP/ specialist is able to provide further information regarding his referral to weight
management and the outcome in terms of any support with weight management

‘• The GP specialist is able to provide further information regarding the stroke and the nature
of any residual symptoms

‘• The GP/ specialist is able to provide further information about why further treatment is
unlikely to lead to significant further improvement’

My GP has refused to supply me with this information on the grounds that it is ‘not his job’.

My question is this: Can I legally compel my GP to provide the SSPA with this information?

This matter is very important to me, because if I am awarded early retirement benefits it would make a significant difference to my standard of living.

This maybe of help:

General Practitioners (GPs) in the UK are bound by a variety of specific regulations and laws that ensure they adhere to high standards of medical practice and patient care. Here are some of the key regulations and laws:

1. General Medical Council (GMC) Regulations
Good Medical Practice: The GMC's core guidance document sets out the principles and values on which good practice is founded. It includes duties such as respecting patient confidentiality, obtaining informed consent, and maintaining professional competence.
Fitness to Practise: Regulations that define the procedures for investigating and adjudicating complaints about a doctor's fitness to practise.

2. Data Protection Act 2018 (incorporating GDPR)
Governs how personal data, including medical records, should be handled and protected.
Ensures patient information is kept confidential and secure, with strict guidelines on data sharing and patient consent.

3. Mental Capacity Act 2005
Provides a framework for making decisions on behalf of individuals who lack the mental capacity to make decisions themselves.
Ensures that any decision made for a person who lacks capacity is in their best interests.

4. Equality Act 2010
Prohibits discrimination in healthcare settings on grounds of race, gender, disability, age, sexual orientation, religion, and other protected characteristics.
Ensures all patients receive fair and equitable treatment.

5. Health and Safety at Work Act 1974
Requires GPs to provide a safe working environment for their staff and patients.
Ensures compliance with health and safety regulations to prevent accidents and injuries.

6. Medicines Act 1968 and Misuse of Drugs Act 1971
Governs the prescribing, dispensing, and administration of medicines.
Includes regulations on controlled drugs and ensures proper use and record-keeping of such substances.

7. Safeguarding Vulnerable Groups Act 2006
Establishes the framework for safeguarding children and vulnerable adults.
Requires GPs to report any concerns about abuse or neglect to appropriate authorities.

8. National Health Service (NHS) Regulations
NHS (General Medical Services Contracts) Regulations 2004: Sets out the terms under which GPs provide services to the NHS, including quality standards, patient access, and performance monitoring.
NHS Constitution: Establishes patients' rights and the standards of care they can expect from the NHS, including GP services.

9. Public Health (Control of Disease) Act 1984
Requires GPs to notify public health authorities of certain infectious diseases.
Helps in the monitoring and control of outbreaks to protect public health.

10. The Human Medicines Regulations 2012
Consolidates and updates the law on the regulation of medicines for human use, including authorizations, manufacturing, distribution, and pharmacovigilance.

11. Mental Health Act 1983
Provides the legal framework for the treatment and care of people with mental health disorders.
Includes provisions for involuntary admission and treatment of patients under certain conditions.

12. Freedom of Information Act 2000
Allows public access to information held by public authorities, including NHS bodies.
GPs must comply with requests for information while maintaining patient confidentiality.