The GMC has relaxed its fitness to practise (FTP) processes for doctors so that ‘minor’ concerns such as ‘pushing a colleague’ are not taken to tribunal.
In an update to its guidance, effective from today, the regulator has given FTP decision makers and case examiners ‘more discretion’ to throw out complaints if they represent a lower risk to public protection.
Concerns which are ‘minor in nature and did not impact patient care’ will fall under this guidance.
This is part of the GMC’s efforts to carry out ‘more efficient and proportionate investigations’ and to ‘minimise’ stress for doctors during the FTP process.
Two examples of concerns which will no longer need to be investigated, if there are ‘no aggravating factors’, from today are:
- A doctor giving false details to a market research company, in order qualify for free products.
- A doctor pushing a colleague out the way following a heated argument.
The regulator has said: ‘Decision makers will now be able to weigh the full circumstances of a concern earlier in the fitness to practise process to assess the overall risk to public protection including to public confidence in the profession– meaning some concerns may not need to be investigated or referred to a tribunal.’
However, the guidance, which covers concerns relating to violence and dishonesty, emphasises that allegations which raise a risk to public protection will continue to be investigated.
This same guidance was updated in 2021 to say that allegations of violence or dishonesty are unlikely to require a full investigation if the conduct is minor in nature, occurred outside the doctor’s professional practice, and was investigated by the police or another relevant organisation, such as the doctor’s employer.
Case examiners have therefore been given more discretion today to close complaints which are minor but did occur within the doctor’s professional practice, such as pushing a colleague.
GMC general counsel and director of fitness to practise Anthony Omo said the updated guidance is ‘in the interests of both patients and doctors’.
He said: ‘We know doctors find being under GMC investigation very stressful, and it is important to us to do all we can to minimise that.
‘This more flexible and compassionate approach to regulation is tailored to the risk posed by each individual case. The changes will avoid unnecessary investigations where the doctor does not pose a risk to public protection or to the public’s confidence in the profession.’
Medical Protection Society medical director Dr Rob Hendry said his defence organisation has ‘long campaigned for the GMC to dismiss minor complaints as quickly as possible’.
He said: ‘The full power of the regulator should be reserved for serious concerns where the wellbeing and safety of patients are at risk of harm.
‘We therefore welcome more flexibility being given to case examiners and decision makers in these circumstances. We hope the changes that the GMC have announced will lead to fewer members having to endure the worry of protracted investigations.’
MDDUS chief medical officer Dr John Holden said this announcement from the GMC is a ‘necessary fine-tuning of the balance’ between protecting the interests of both patients and doctors.
‘This seems a more proportionate way to manage concerns that protects patients and reduces unnecessary stress and anxiety on doctors,’ he added.
Last year, the BMA declared it had no confidence in the GMC, arguing that too many FTP decisions are ‘disproportionate to the error of the doctor’s mistake’.
Doctor leaders have often criticised GMC referrals to tribunal, with Pulse reporting on a ‘silly’ complaint last year which the Doctors’ Association UK said was a ‘misuse’ of the FTP process.
The Medical Protection Society (MPS) found that just over 40% of GPs being investigated by the GMC reported suicidal thoughts, and nearly half considered quitting medicine as a result.
In 2022, the GMC said it will ‘make initial contact with a doctor by phone’ when starting FTP proceedings in a bid to ‘reduce anxiety’.
READERS' COMMENTS [7]
Please note, only GPs are permitted to add comments to articles
Yawn
Physical assault and fraud is OK but woe betide anyone who misgenders someone.
Heard it all before. Ethnic minority doctors will continue to be at risk working in the UK .
14 months of GMC hell before I was exonerated without the need for a MPTS investigation . Malicious partners did not like me spending “their money” on patient care so made up some crazy shit to get rid of me. Not one phone call from the GMC. Instead I had to inform any potential employer of the ongoing investigation and the GMC had to send them a list of the allegations. Still recovering after two years and for what? Punish malicious accusers accordingly and the GMC referral rates will drop dramatically.
My dealings with the G.M.C. were described as contemptuous and offensive———-so job done
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It needs to go further to prevent double jeopardy and stick to just professional matters.
Is this because GMC is going soft because it is planning to regulate PAs . This review was long overdue and affected mainly the ethnic doctors that is why GMC did not want to act.