The General Medical Council v Dr Christopher Ogbonna Obasi
| Jurisdiction | Northern Ireland |
| Judge | Maguire J |
| Judgment Date | 18 February 2019 |
| Neutral Citation | [2019] NIQB 27 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 18 February 2019 |
1
Neutral Citation No: [2019] NIQB 27
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: MAG10869
Delivered: 18/02/2019
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
IN THE MATTER OF AN APPLICATION UNDER SECTION 41A(6)
OF THE MEDICAL ACT 1983 (AS AMENDED) TO EXTEND
AN INTERIM ORDER OF CONDITIONS
________
BETWEEN:
THE GENERAL MEDICAL COUNCIL
Applicant
and
DR CHRISTOPHER OGBONNA OBASI
Respondent
________
MAGUIRE J
Introduction
[1] In these proceedings the General Medical Council (“the GMC”) is the
applicant and Dr Christopher Ogbonna Obasi is the respondent.
[2] The respondent is a doctor who is described in the papers as a “specialty
doctor in anaesthetics”. He currently is subject to a GMC investigation and the issue
before the court relates to an application by the GMC for a 12 months extension
order in respect of the period allowed to it in which to complete its investigation.
[3] At the moment, the respondent is subject to an order made by the Interim
Orders Tribunal (“IOT”) which has the effect of placing conditions on his
registration. These conditions essentially require him to work under the supervision
of others. As a result he was (while employed by his employer) unable to provide
emergency or on call cover which had originally been a feature of his proposed
employment.
2
[4] At the hearing before the court the applicant was represented by Mr Barnard
BL and the respondent’s daughter, Dr Claudia Obasi, spoke for him.
Chronology of key events
[5] While the court has considered an extensive volume of material in this case,
the chronology which the court will provide below sets out the essential factual
matrix in respect of this application. It does not purport to deal with every single
event.
18 March 2016 Respondent interviewed via skype for the post of
specialty doctor in anaesthesia with Doncaster and
Bassetlaw Hospitals NHS Foundation Trust (hereinafter
“the Trust”).
18 July 2016 Respondent commences work for the Trust. A feature of
his employment was that he would provide emergency
and on call cover at certain times.
19 October 2016 Trust decides to conduct in relation to the respondent
what they describe as a ‘capability investigation’.
16 November 2016 Terms of reference for the investigation provided to the
investigator, who was to be a fellow anaesthetist.
25 November 2016 Respondent lodges a grievance which has the result that
the investigation (supra) was suspended.
28 November 2016 Respondent resigns from his post.
14 December 2016 The investigation into his capability recommences
following its suspension.
February 2017 A report of the above investigation is produced, written
by Dr David Northwood, Consultant Anaesthetist.
5 May 2017 A Fitness to Practice referral was provided by the Trust to
the applicant.
15 May 2017 Respondent informed of GMC investigation and that
there would be a hearing before an IOT.
25 May 2017 Hearing before IOT convened. Respondent does not
attend but submits documents. Decision made to place
conditions on the respondent’s registration.
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2 cases
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The General Medical Council and Dr Mary Anne McCloskey
...the prolongation of the suspension. In general, it need not look beyond the allegations.’” [23] In The General Medical Council v Dr Obasi [2019] NIQB 27, Maguire J, having considered the decisions in The General Medical Council v Hiew [2007] 4 ER 473 and Martinez v General Dental Council [2......
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Nursing and Midwifery Council v Holder
...was that it was necessary for the purpose of protecting the public and was in the public interest for the ISO to 1 [2007] 4 AER 473 2 [2019] NIQB 27 6 be maintained. In the court’s view at that time, the process as a whole should run its course to completion. In considering the issues befor......