(Professional Conduct Committee of the GMC) The Board of the Privy Council, when acting to hear an appeal from the disciplinary committee of the General Medical Council would in future deal with the case by way of a rehearing. Given the nature of the threat to those appearing before the committee, their human rights to a fair trial could be protected by the additional jurisdiction. Exercising that jurisdiction in this case, the board decided that the remedy imposed had been appropriate and proportionate.
Lord Millett said: ‘The board will afford an appropriate measure of respect to the judgment in the committee whether the practitioner’s failing amount to serious professional misconduct and on the measures necessary to maintain professional standards and provide adequate protection to the public. But the board will not defer to the committee’s judgment more than is warranted by the circumstances.’
Judges:
Lord Millett
Citations:
Times 25-Jun-2001, [2001] 1 WLR 1915, [2001] UKPC 29, Appeal No 69 of 2000
Links:
Statutes:
Jurisdiction:
Commonwealth
Citing:
Followed – Evans v General Medical Council PC 19-Nov-1984
‘The principles upon which this Board acts in reviewing sentences passed by the Professional Conduct Committee are well settled. It has been said time and again that a disciplinary committee are the best possible people for weighing the seriousness . .
Cited by:
Cited – Gupta v The General Medical Council PC 18-Dec-2001
(The Health Committee of the GMC) A doctor had been found guilty of serious professional misconduct by the Professional Conduct Committee of the General Medical Council. She appealed on the basis that they had not given reasons for the factual basis . .
Cited – Dr Norton v The General Medical Council PC 11-Feb-2002
The appellant doctor had practised in plastic and related surgery, particularly liposuction. The complaints against him related to a failure to supervise his staff, wrongful delegation, and lack of care. His name had been erased from the register, . .
Cited – Mubarak v General Medical Council Admn 20-Nov-2008
The doctor appealed against a finding against him of professional misconduct in the form of a sexualised examination of a female patient.
Held: The reasons given were adequate, and the response of erasure from the register was the only one . .
Cited – Khan v General Pharmaceutical Council SC 14-Dec-2016
The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension.
Held: The different appeals of both the . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Human Rights
Updated: 25 October 2022; Ref: scu.80807