Climate protest GP’s fitness to practise ‘remains impaired’, tribunal rules

A tribunal has ruled that the fitness to practise of Dr Sarah Benn – a retired GP who was suspended after taking part in climate change protests – remains impaired.

Dr Sarah Benn, who took part in climate change protests at a Warwickshire oil terminal in 2022, was referred to the Medical Practitioners Tribunal Service (MPTS) for multiple breaches of a court order and was suspended for five months in April last year.

This year she was referred for a second MPTS hearing for her involvement in an animal rights protest in February 2023, which resulted in chalk spray damage at Sequani Limited in Ledbury, a company ‘involved in animal testing’.

Dr Benn entered a guilty plea to the charge of criminal damage and was sentenced in April last year to a community order for 12 months and ordered to pay compensation of £125.

Today an MPTS panel determined that her fitness to practise ‘remains impaired in relation to the misconduct’ found by the tribunal in 2024 and is impaired ‘by reason of her conviction’ in relation to the animal protest.

It said: ‘The tribunal considered that there remained a risk of repetition of the misconduct and offending. Therefore, a finding of impairment was necessary in the public interest and to uphold professional standards.

‘The tribunal determined that Dr Benn differentiates between the two causes (animal experimentation and climate change) in terms of choosing to breach the law.’

The tribunal concluded that her actions ‘taken as a whole’ reflect a ‘sustained pattern’ of ‘unlawful behaviour’.

It added: ‘This pattern suggests that Dr Benn believes she can selectively choose which laws to follow.

‘A reasonable, well-informed member of the public, as well as her professional peers, would not necessarily share this view. In this context, her behaviour falls significantly outside the accepted standards and norms of the profession.’

Dr Benn submission to the tribunal said that she is ‘uncertain whether this conviction means that her current fitness to practise is impaired’ and, if impaired, what the ‘appropriate’ sanction might be.

She said that the events of February 2023 were ‘a carefully planned non-violent protest’, which resulted in ‘trivial damage’ to a company and that she pleaded guilty ‘at the first opportunity’.

The tribunal’s decision document said: ‘Dr Benn submitted that her criminal act posed no risk of harm to another person, nor did it affect her ability to practise safely and effectively.

‘It was not dishonest, aggressive or deceitful. It was motivated by conscience and a desire to make the world a kinder place.

‘She submitted that it was never about personal gain or even personal convenience, she has anticipated and accepted the consequences. She has been punished through the legal system and has now given an undertaking not to repeat those actions.’

The tribunal considered the evidence provided by Dr Benn which ‘showed that there is a proportion of the public who support her actions’.

However, the tribunal did not accept that a ‘properly informed’ member of the public would condone her breaking the law in the manner in which she did, particularly as she is ‘aware of, and actively uses, lawful means of protesting and raising awareness for her causes’.

It concluded: ‘The tribunal has therefore determined that Dr Benn’s fitness to practise is impaired by reason of her conviction and remains impaired in relation to the misconduct found by the 2024 tribunal.’

The tribunal must now consider which sanction, if any, to impose on Dr Benn’s registration on the medical register.

It was adjourned today and is expected to reconvene on Tuesday (17 June) to hear submissions on sanction.

Following the tribunal’s decision to suspend Dr Benn last year, which prompted doctor leaders to voice concerns, the BMA committed to backing Dr Benn by funding the appeal against her suspension.

In November, Health for Extinction Rebellion together with doctors and activists petitioned the GMC to reverse Dr Benn’s suspension and the suspension faced by another GP, Dr Diana Warner, who took part in a climate protest blocking the M25 motorway and was suspended for three months following an MPTS hearing in August. 

In January this year, Dr Benn’s appeal was dismissed by the High Court.

The GMC published a document last summer clarifying the threshold for investigating doctors who protest, saying that they have the ‘right to campaign’ but ‘must follow the law.’