A PSYCHIATRIST who raised concerns about the mental state of a Huddersfield GP has been cleared of serious professional misconduct.

But the General Medical Council did criticise the actions of Dr Nick Cooling when he wrote letters about Fartown GP Dr Dev Dutt.

Dr Cooling - who used to work at the Nuffield Hospital in Birkby - had treated Dr Dutt's wife, Cath, for a short period in 1994 when she suffered from post-natal depression.

She said she has not seen a psychiatrist since then.

Dr Dutt, 64, was locked out of his one-man surgery at Fartown Health Centre in February this year, when he was suspended by Huddersfield Central Primary Care Trust.

The move came after concerns were expressed over his conduct in the wake of a series of county court cases he had pursued against other people.

The cases were mainly against friends of Mrs Dutt and many were against Fixby couple Julie and David Ruddiman.

Dr Dutt lost them all.

In October an Interim Orders Panel - an emergency GMC meeting which decides if a doctor should be allowed to carry on working pending an investigation - barred Dr Dutt from working for the next 18 months.

Mrs Dutt contacted Dr Cooling when his name surfaced during one of the county court hearings pursued by Dr Dutt.

After speaking to Mrs Dutt in early January 2003, Dr Cooling wrote two letters about Dr Dutt, although he had never medically examined him.

One to Mrs Dutt's GP claimed that Dr Dutt could be suffering from a condition called morbid jealousy and that in his opinion, Dr Dutt would benefit from a psychiatric evaluation.

This letter also contained allegations about Dr Dutt's conduct told to Dr Cooling by Mrs Dutt.

The second letter - regarded as more serious by the GMC - was to Judge Cockcroft at Huddersfield County Court after Dr Cooling had read a judgement he had made in the divorce proceedings between Dr Dutt and Mrs Dutt. The couple are now divorced.

This letter repeated Dr Cooling's opinion about Dr Dutt suffering from morbid jealousy along with his view that Dr Dutt needed to be under the care of a psychiatrist.

Dr Dutt had complained to the GMC that as Dr Cooling had never met him nor examined him, sending the letters amounted to serious professional misconduct.

It was never clear if the two men had ever met - Dr Cooling suggests they met about 20 times while he worked in Huddersfield and Dr Dutt referred patients to him - but Dr Cooling had never medically examined him.

In its ruling, the GMC panel said of the letter Dr Cooling wrote to Mrs Dutt's GP: "While the panel was concerned about some of its content, it did not consider that overall it was inappropriate for you to frame this letter in the way in which you did."

But the panel was far more critical of the letter he wrote to Judge Cockcroft.

It ruled: "Your letter was ill thought out and inappropriate in that it made gratuitous comments about a person whom you had not examined.

"The panel disapproves of your actions in writing the letter to Judge Cockcroft in the manner in which you did."

But the panel - which refers to the Dutts as Dr D and Mrs D in its ruling - concluded: "The panel is persuaded that the facts found proved are insufficient to support a finding of serious professional misconduct because you had genuine concerns about Dr D's mental health and for the wellbeing and safety of Mrs D and the children.

"Furthermore, you did go to some lengths to verify the information and did not place absolute reliance on the account given to you by Mrs D.

"The panel therefore finds you not guilty of serious professional misconduct."

Dr Cooling - who now lives in London - said: "I'm delighted with the result which has completely exonerated and vindicated me.

"It draws to an end a very difficult period when Dr Dutt also tried to sue me through Huddersfield County Court for £50,000, but the judge there ruled there was no case to answer."