GMC has launched 60 appeals against fitness-to-practise decisions in last decade

Exclusive The GMC has appealed 60 medical practitioners tribunal service (MPTS) decisions, including 20 GP cases, since it was given the power to appeal them a decade ago, new data has revealed.

This comes despite nearly eight years having passed since a ‘rapid review’ by the Government concluded GMC should be stripped of its right to appeal fitness-to-practise decisions made by its own tribunal.

The GMC-provided figures, obtained exclusively by Pulse, also showed more than three quarters (76%) of the appeals the regulator has issued since January 2016 that have concluded were successful – 41 of 54 cases.  

Of the remaining concluded appeals, the GMC withdrew four, and a further nine were dismissed. Six other appeals remain outstanding. 

The GMC confirmed to Pulse that a third (20) of the 60 cases related to GPs.

It comes amid continued calls for the Government to strip the regulator of its right under section 40A of the Medical Act 1983 to appeal fitness-to-practise decisions made by its own tribunal – plans the previous Government first set out in 2018. 

Then-health secretary Jeremy Hunt announced the plans following a review into application of medical gross negligence manslaughter charges. 

The review had been called following the case of Dr Hadiza Bawa-Garba, who was convicted on gross negligence manslaughter charges in 2015 following the death of 6-year-old Jack Adcock in 2011. 

This review was followed by the Department of Health and Social Care (DHSC) committing to progress the necessary legislation by the end of 2023.

The Medical Protection Society, a medical defence organisation, told Pulse the GMC’s power to appeal is an ‘anomaly’ that creates ‘distrust between the medical profession and the regulator’. 

MPS chief member officer Dr Rob Hendry told Pulse: ‘The ongoing delay in removing the GMC’s power to appeal Medical Practitioners Tribunal Service (MPTS) decisions is disappointing The fitness to practise process is stressful and lengthy enough for the doctors involved – with cases taking almost two years to process on average – without the further worry that the GMC can seek to override decisions made by the MPTS if it does not agree.  

‘This is and has long been the role of the Professional Standards Authority (PSA), which holds statutory powers to appeal fitness to practise decisions made by all the health and care regulators it oversees. 

‘The GMC is the only UK health regulator with a statutory right to appeal its own tribunal’s decisions, in addition to the PSA’s powers, meaning doctors are subject to potential appeals from both bodies. This anomaly, which contributes to the distrust between the medical profession and the regulator, must be addressed.’ 

A GMC spokesperson told Pulse: ‘Where we feel the sanctions applied by the independent tribunal are insufficient to protect the public, we can and do use our current powers to appeal. A significant proportion of our appeals are successful and result in stronger sanctions, securing a safer outcome for the public. 

‘We continue to be in dialogue with the government about regulatory reform. Any future changes to the legislation must put the interests of patients first.’ 

The regulator said if a tribunal imposes a sanction that is less than the GMC submitted for, it always reviews the case to decide on whether to appeal. It said it has taken legal advice which made clear it would be acting unlawfully if it did not continue to use its power to appeal while it remains in legislation.  

Pulse has unsuccessfully asked the Department of Health and Social care for information on the progress of the updated legislation.

The Bawa-Garba case caused a backlash from medical professionals including GPs who pointed to severe systemic failings that contributed to Jack’s death. 

In 2018, the GMC won a High Court appeal against the MPTS to erase Dr Bawa-Garba off the GMC register permanently, after the MPTS had suspended her for 12 months. This was later overturned by the Court of Appeal, and in 2021 the MPTS removed the remaining conditions on her to practise medicine.