(The Professional Conduct Committee of the GMC) The doctor appealed a decision of the GMC to erase his name. He complained that the legal assessor had exceeded his role, by giving his opinion as to the appropriate sanction, namely erasure.
Held: Difficulties had been created by differing memories of the events at the hearing, which should be avoided in future by the taking of satisfactory records of interventions even in in camera deliberations. However the expression of such an opinion could not be part of the role of the legal assessor, even though it was clear that in this case the opinion had not influence the committee. The assessor’s task was to provide legal advice. Here though, he had also offered advice as to the possibility of attaching conditions, whilst the proceedings were in camera. The rules clearly required his advice either to be given in the presence of all parties, or to be brought to the attention of the other party later. There had been a procedural irregularity, and the case was remitted.
Judges:
Hope of Craighead, Walker of Gestingthorpe
Citations:
Times 16-Nov-2002, [2002] UKPC 57, (2003) 71 BMLR 53
Links:
Statutes:
General Medical Council (Legal Assessors) Rules 1980 (1980 SI No 941) 4
Jurisdiction:
England and Wales
Health Professions
Updated: 21 June 2022; Ref: scu.178003