The Claimant D challenged a decision made by the General Medical Council to waive the ‘five year rule’ under Rule 4(5) of the 2004 Rules and refer allegations involving sexual misconduct by D with a child (X) to the GMC’s case examiners, notwithstanding that they related to matters more than five years old. The GMC’s case examiners subsequently determined that there was a realistic prospect of a finding that D’s fitness to practise was impaired.
Held: The decision was plainly flawed and wrong, involving stale 21 year-old allegations which had been thoroughly investigated by the police and social services at the time and found to be without foundation.
Haddon-Cave J
[2013] EWHC 2839 (Admin)
Bailii
General Medical Council (Fitness to Practice) Rules 2004 4(5)
England and Wales
Health Professions
Updated: 01 November 2021; Ref: scu.515417
