(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 of their decisions. It was argued that the Board having recognised that its role was not merely supervisory of the Committee, but also appellate, it should extend its normal practice to include reasons, so that an appeal could be pursued.
Held: The cases had indeed established that the Board sat in an appellate capacity, but it exercised that role by means of reading transcripts. There was no general duty on the committee to give reasons for its decisions on matters of fact, and particularly so when the decision rested on views as to the credibility of witnesses who had appeared before the committee. ‘The purpose of the sanctions is not to be punitive, but to protect the public interest, although they may have a punitive effect.’
Judges:
Lord Rodger, Lord Steyn, Lord Hobhouse
Citations:
Times 09-Jan-2002, [2001] UKPC 61, [2002] 1 WLR 1691, 44 of 2001, [2002] ICR 785, (2002) 64 BMLR 56, [2002] Lloyd’s Rep Med 82
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Preiss v General Dental Council PC 17-Jul-2001
(Professional Conduct Committee of the GDC) The procedures of the General Dental Council were in breach of the right to a fair trial, insofar as the same person might both carry out the preliminary stages of an investigation, and later be involved . .
Cited – Dr Ghosh v The General Medical Council PC 25-Jun-2001
(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 . .
Appeal from – Gupta v General Medical Council Admn 17-Jul-2001
The appellant doctor had been suspended from practice by decision of the respondent. It was alleged that she had allowed her husband, himself a suspended practitioner to consult with patients in breach of that suspension. Having found the allegation . .
Approved – Bolton v The Law Society CA 8-Dec-1993
The solicitor who had been admitted to the Roll for two years had disbursed clients money to relatives, as part of the conveyance of property without adequate security but in the expectation that the money would be repaid. The Tribunal found that . .
Cited by:
Appealed to – Gupta v General Medical Council Admn 17-Jul-2001
The appellant doctor had been suspended from practice by decision of the respondent. It was alleged that she had allowed her husband, himself a suspended practitioner to consult with patients in breach of that suspension. Having found the allegation . .
Cited – Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke Admn 30-Apr-2004
The council appealed against what it said was a lenient sentence imposed on a doctor for malpractice.
Held: It was relevant to take account of the way criminal courts dealt with appeals against lenient sentences. The test in relation to an . .
Cited – Dr Giuseppe Ruscill, Council for the Regulation of Health Care Professionals v The General Medical Council and Another, The Council for the Regulation of Health Care Profesionals, The Nursing and Midwifery Council, Truscott CA 20-Oct-2004
The Council sought to refer to the High Court decisions to acquit the doctors of professional misconduct. The doctors argued that the power only existed for lenient sentences.
Held: The power to refer for undue leniency included the situation . .
Cited – General Medical Council v Professor Sir Roy Meadow, Attorney General CA 26-Oct-2006
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was . .
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 – Southall v The General Medical Council Admn 22-May-2009
The doctor appealed against the erasure of his name from the register of medical practitioners after a finding of serious professional misconduct. There had been earlier similar findings, but based on different allegations.
Held: The doctor’s . .
Cited – Raschid v General Medical Council Admn 30-Mar-2006
. .
Cited – Fatnani and Another v General Medical Council CA 15-Jan-2007
Two doctors appealed against the erasure of their names from the register by the Fitness to practice panel. . .
Cited – Luthra v General Medical Council Admn 18-Feb-2013
The doctor said that the erasure of his name from the register was disproportionate. . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 06 September 2022; Ref: scu.167226