Edgbaston GP struck off for siphoning off staff pensions
Jul 25 2010 by Alison Dayani, Birmingham Post
A GP was blasted as ‘‘cavalier” and “arrogant” by the General Medical Council as he was struck off from the medical register.
Kenneth McNeil Bartley, from St James Road, Edgbaston, siphoned off thousands of pounds from his staff’s pensions and claimed extra NHS cash for dead patients.
Over six years, the 61-year-old doctor at Broadway Health Centre and then Five Ways Health Centre, both in Ladywood, took deductions from three workers’ salaries but did not pay them into the NHS Pension Scheme or fill out relevant paperwork.
The GMC also heard how Bartley invoiced North Birmingham Primary Care Trust (PCT) for treating seven dead patients, a further six who were not even registered with him and 19 others who were not receiving the specialised care he claimed in March 2007.
The GP, who is also a director for Heart of England Care Homes, a charity based in Great Barr, and Jamaica National Overseas money transfer services, will have his name erased from the medical register making it difficult for him to ever practise as a doctor again. Elizabeth Dudley-Jones, Counsel for the GMC, said: “Several employees repeatedly raised concerns regarding their pension contributions over a considerable period of time.
“The panel did not find it credible that Bartley was unaware of the ongoing concerns with regard to his non-payment of pension contributions or that the failure was due to poor administration. Bartley failed in his responsibilities and breached the trust of his employees, taking advantage of them in a manner that has serious consequences for their future financial security.
“A failure to recognise the importance for his employees of the ‘small amounts’ of money he had wrongfully withheld displayed an arrogance of attitude towards his role as an employer. He demonstrated a cavalier disregard for his employees’ rights.
“Bartley sent an irresponsible and misleading invoice to his PCT, which the panel considered a result of his poor attitude and slipshod approach towards administration. The panel was concerned that, in so doing, Bartley demonstrated a cavalier attitude towards the spending of public money.”
A GMC panel found Bartley had been misleading, dishonest and irresponsible.
He continued his actions despite being repeatedly reminded of his obligations by the NHS Pension Scheme, the NHS West Midlands Counter Fraud and Security Management Service, NHS Business Services Authority and his PCT.
On the dead patients, the GMC ruled that the doctor based his claim on a Heart of England Care list provided to him, which had not been updated.
Bartley’s solicitor claimed all pension contributions were now paid and up to date but James Grimshaw, senior finance officer for the NHS Pension Scheme, gave evidence that this was not correct as Bartley had still made no payment for some shortfalls in pension contributions.
Some of his staff, including medical secretaries, have missed out on four years of pension contributions and said they “felt cheated and angry” at Bartley.
A spokeswoman for NHS Counter Fraud and Security Management said: “Lawyers concluded there was insufficient evidence for a criminal conviction so there will be no criminal case.
“But we instigated the case with the GMC and this result means he can’t operate, so the job has been done.”
Bartley could not be contacted for comment.
