Interim LMC Guidance on Police requests to GPs about Firearms Certificates

Date sent: Monday 21 November 2016

To all BBOLMC Practices

Issue date: 21.11.16

Key elements of the Thames Valley Police firearms letter to GPs are boxed below

The actual letter is attached

It is now sent to the GP before any firearms certificate is granted

It reassures the GP that consent has been obtained ‘to contact the GP and seek factual details of the applicant’s medical history’

It asks the GP if he/she has concerns about the applicant being issued with a firearms certificate

It says any issue of cost is a matter between the GP and the patient (applicant)

It says that if you do not respond to this letter within 21 days it will be assumed that you have no relevant information and your patient’s application will proceed to grant.

It asks you to place a firearm code on the patient’s record

It asks you to contact the police immediately (so they can review the person’s suitability) if the patient begins to suffer from a relevant listed medical condition or if there are any other factors that give rise to concern,

It asks you to let the police know as soon as possible if the patient is no longer registered with the practice

 

The BMA Professional Fees Committee recently and controversially changed their website guidance on the GP response to such letters

That new guidance can be found at https://www.bma.org.uk/advice/employment/ethics/ethics-a-to-z/firearms

My 16/11/16 email to you on this can be found at https://www.bbolmc.co.uk/email5266

 

The GPC has now convened a new Task and Finish Group to review that guidance again. (That is why I am using the term Interim LMC Guidance)

My current understanding is as follows 

 

The 2015 GP regulations say the following

Compliance with legislation and guidance

94.  The contractor must— (a) comply with all relevant legislation; and (b) have regard to all relevant guidance issued by the Board, the Secretary of State or local authorities in respect of the exercise of their functions under the Act.

See http://www.legislation.gov.uk/uksi/2015/1862/regulation/94/made

(This wording is mirrored in paragraph of 19.1.2. the GMS Contract)

You will note that there are two parts to it, namely comply with the law and have regard to guidance.

I am told there is nothing in the Firearms Act that applies to GPs, so therefore there can be nothing specific to them that GPs have to comply with.

Home Office Firearms Guidance can be found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518193/Guidance_on_Firearms_Licensing_Law_April_2016_v20.pdf

See Annex C on page 268 

 

Any work involved in responding to the Police's letter (indicating whether there are any concerns and that a code on the patient's medical record has been added), is not funded under Global Sum and may be charged for

 

The circumstances where a GP can charge are described in paragraph 25 of the 2015 regulations

See http://www.legislation.gov.uk/uksi/2015/1862/regulation/25/made

which is copied below

25.  The contractor may demand or accept (directly or indirectly) a fee or other remuneration—
(a) from a statutory body for services rendered for the purposes of that body’s statutory functions;

 

BMA lawyers believe that where a fee for the relevant services has not been provided within the terms of the GMS contract, it may be requested and that the GP can withhold such services until such time as the fee has been paid (by the requester).

 

I have therefore revised the GP response template that I issued in May 2016 (See https://www.bbolmc.co.uk/email4331)ant
That revision is boxed below

Similar documents from Devon LMC can be found in the firearms section of the LMC library at http://www.devonlmc.org/library_p5049.html?a=0   

 

Dear TV Police

I am replying to your request for information before issuing a firearms certificate to my patient

For the avoidance of  doubt, this reply does not indicate either the presence of absence of concerns about this patient

Clause 19.1.2 of my GMS Contract is relevant to your request

It can be found on page 190 of

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/184931/Standard_General_Medical_Services_Model_Contract.pdf

It says 19.1.2. The Contractor may demand or accept a fee or other remuneration—a) from any statutory body for services rendered for the purposes of that body’s statutory functions; 

Where a fee for the relevant services has not been provided within the terms of the GMS contract, it may be demanded and the GP can withhold such services until such time as the fee has been paid by the requester.

 

My fee for the service you request is £XXX

I would be pleased to comply with your request once I have received confirmation that you will honour my fee

 

Possible addition at the discretion of each practice

Please note that until the GP Committee of the BMA (the GP representative body) has found a negotiated solution that takes into consideration GP workload, resources and indemnity concerns, we are not putting any codes on the records nor will we be reviewing the records now or routinely in the future

We suggest that the Home Office and national representatives of police forces engage with the GPC to find a solution that is acceptable for all sides involved in this long standing issue.

 

 

Dr Paul Roblin

CEO BBOLMC

Tel: 07799116597 or 01628 475727

www.bbolmc.co.uk

 

 

Attached file: TV letter to GPs re Firearms Licensing.docx

TV letter to GPs re Firearms Licensing.docx

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