Healthcare sector joins forces to oppose GMC’s right of appeal

A coalition of 13 medical organisations, led by Medical Protection, have united to urge the Government to reconsider its plan to retain the General Medical Council’s (GMC) right to appeal the decisions of its own tribunal service.

Under the Government’s current proposals, the GMC would retain its ability to appeal decisions made by the Medical Practitioners Tribunal Service (MPTS) and gain additional powers to appeal interim decisions.

The move to keep the GMC’s right of appeal goes against reviews by Sir Norman Williams and Dr Leslie Hamilton – which both recommended its removal in favour of a single, independent route held by the Professional Standards Authority (PSA). These recommendations were supported by the then government and the GMC.

In a joint letter to Minister of State for Health, Karin Smyth MP, coordinated by Medical Protection, the coalition argue that the GMC’s right of appeal risks seriously undermining the profession’s and the public’s trust in the independence of the tribunal process, and the regulator itself.

The letter also states that “providing both the GMC and the PSA with parallel rights of appeal creates unnecessary duplication, inconsistency, and complexity to the regulatory system”.

It quotes evidence from a Freedom of Information request by Medical Protection which shows that 88% of PSA appeals have been successful since 2016, compared with 70% for the GMC over the same period, rejecting the argument that the GMC’s right should stand due to its high record of successful appeals.

“This demonstrates that an additional, overlapping GMC right of appeal is unnecessary given the existence of an established and effective independent oversight mechanism through the PSA,” the letter says.

Dr Pallavi Bradshaw, Medical Director at Medical Protection, commented: “The GMC’s right to appeal decisions made by its own tribunal service is an anomaly so far as healthcare regulation goes in the UK.

“Facing an MPTS hearing is already an incredibly stressful experience for doctors and patients alike. The PSA has a long-standing right of appeal in the public interest and the current set up creates unnecessary duplication and uncertainty without adding a material benefit for patients and the public.

“We’re calling on the Government to strengthen public confidence in the regulation of healthcare professionals by bringing an end to the GMC’s right of appeal and strengthening the separation between the regulator and its tribunal service.”

The letter was signed by: Medical Protection, British Medical Association, Doctors Association UK, Association of Anaesthetists, Royal College of Paediatrics and Child Health, British Association of Physicians of Indian Origin, Royal Medical Benevolent Fund, British International Doctors Association, Faculty of Forensic and Legal Medicine, Hospital Consultants and Specialists Association, Medical Women’s Federation, The Medical and Dental Defence Union of Scotland and the Medical Defence Union.

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For a copy of the letter please contact: [email protected]

Notes to Editors:

• The review by Sir Norman Williams in 2018 was a rapid policy review into gross negligence manslaughter in healthcare. It explored the wider patient safety impact of concerns among healthcare professionals that simple errors could result in prosecution for gross negligence manslaughter, even if they happen in the context of broader organisation and system failings. It found the right to appeal created a ‘lack of confidence’ in the GMC amongst doctors and led to an unwillingness of “doctors, especially trainees, to reflect fully on their practice”.
• The review by Dr Leslie Hamilton was commissioned by the GMC in the wake of the Dr Bawa-Garba case to look at gross negligence manslaughter and culpable homicide in medical practice. It found doctors’ trust had been ‘severely damaged’ by the case and created a ‘toxic fear’ of reprisals if mistakes are made.