BMJ 2015;350:h1660 doi: 10.1136/bmj.h1660 (Published 25 March 2015)
Page 1 of 1
News
NEWS GMC is given power to appeal judgments against doctors that it considers too lenient Clare Dyer The BMJ
Parliament has approved changes to the law to give the UK General Medical Council the right to appeal to the High Court if it considers that doctors have been treated too leniently by regulatory panels.1
The GMC has been pushing for this power since it hived off its adjudication function in fitness to practise cases to the operationally independent Medical Practitioners Tribunal Service in 2012, retaining only the investigation role.2
A new order made under section 60 of the Health Act 1999, just days before parliament is scheduled to be dissolved for the general election, gives the GMC the right of appeal and makes changes to plug gaps in its rules and speed up the disposal of cases. But the regulator pledged to press the new government to implement wide ranging draft legislation from the law commissions of England and Wales, Scotland, and Northern Ireland to reform the regulatory framework.3
“These changes will help us streamline our investigations, reduce the time it takes to deal with complaints, and make our procedures faster, fairer and more efficient,” said Niall Dickson, GMC chief executive. “While this is an important step forward, there is still a need for fundamental reform.” He added, “The law that governs the regulation of healthcare professionals is outdated and change is overdue. The draft bill produced for the government by the law commissions of the UK would allow us to be more responsive and better serve the needs of patients and support improvements in medical practice. “We hope this change in the law will be introduced as soon as possible after the general election.”
The Professional Standards Authority, which oversees regulators of health and care professionals, can currently refer tribunal decisions to the court if it considers them too lenient, but it does so only infrequently. In several recent cases the GMC has said that it would have appealed against decisions if it had had the power. The GMC will be able to refer decisions that, in its opinion, do not sufficiently protect the public—taking into account public
For personal use only: See rights and reprints http://www.bmj.com/permissions
health and safety, the need to maintain public confidence in the profession, and the upholding of proper professional standards. The standards authority will not be able to refer a case to the court if the GMC appeals.
The GMC is consulting until 20 May on new rules to implement the order, which are expected to come into force by the end of 2015.4 Under the new rules the GMC will not be obliged to tell a doctor’s employers about provisional inquiries until it has decided that a case requires investigating. The changes will plug a gap by allowing the GMC to require a doctor to disclose the information or documents needed for an investigation. At a new type of non-compliance hearing the tribunal service will be able to take action against a doctor for failing to comply with a reasonable request for factual information or for failing to undergo an assessment of performance, health, or knowledge of English, without having to find the doctor’s fitness to practise impaired.
A new rule provides that either the doctor or the GMC may be ordered to pay costs that have been wasted if that party has acted unreasonably and failed to comply with case management decisions. Another new power is included to make rules for investigations to continue after tribunal service proceedings have started and for cases that have been referred to the tribunal service to be withdrawn. 1 2 3 4
The General Medical Council (fitness to practise and over-arching objective) and the Professional Standards Authority for Health and Social Care (references to court) order 2015. 19 March 2015. www.legislation.gov.uk/uksi/2015/794/contents/made. Dyer C. GMC launches new tribunal service for UK doctors. BMJ 2012;344:e4060. Law Commission. Regulation of health care professionals; regulation of social care professionals in England. 2 April 2014. http://lawcommission.justice.gov.uk/areas/ Healthcare_professions.htm. General Medical Council. Reforming our fitness to practise investigation and adjudication processes: a public consultation on changes to our rules. March 2015. www.gmc-uk.org/ ftpchanges.
Cite this as: BMJ 2015;350:h1660 © BMJ Publishing Group Ltd 2015
Subscribe: http://www.bmj.com/subscribe
Page 1 of 1
News
NEWS GMC is given power to appeal judgments against doctors that it considers too lenient Clare Dyer The BMJ
Parliament has approved changes to the law to give the UK General Medical Council the right to appeal to the High Court if it considers that doctors have been treated too leniently by regulatory panels.1
The GMC has been pushing for this power since it hived off its adjudication function in fitness to practise cases to the operationally independent Medical Practitioners Tribunal Service in 2012, retaining only the investigation role.2
A new order made under section 60 of the Health Act 1999, just days before parliament is scheduled to be dissolved for the general election, gives the GMC the right of appeal and makes changes to plug gaps in its rules and speed up the disposal of cases. But the regulator pledged to press the new government to implement wide ranging draft legislation from the law commissions of England and Wales, Scotland, and Northern Ireland to reform the regulatory framework.3
“These changes will help us streamline our investigations, reduce the time it takes to deal with complaints, and make our procedures faster, fairer and more efficient,” said Niall Dickson, GMC chief executive. “While this is an important step forward, there is still a need for fundamental reform.” He added, “The law that governs the regulation of healthcare professionals is outdated and change is overdue. The draft bill produced for the government by the law commissions of the UK would allow us to be more responsive and better serve the needs of patients and support improvements in medical practice. “We hope this change in the law will be introduced as soon as possible after the general election.”
The Professional Standards Authority, which oversees regulators of health and care professionals, can currently refer tribunal decisions to the court if it considers them too lenient, but it does so only infrequently. In several recent cases the GMC has said that it would have appealed against decisions if it had had the power. The GMC will be able to refer decisions that, in its opinion, do not sufficiently protect the public—taking into account public
For personal use only: See rights and reprints http://www.bmj.com/permissions
health and safety, the need to maintain public confidence in the profession, and the upholding of proper professional standards. The standards authority will not be able to refer a case to the court if the GMC appeals.
The GMC is consulting until 20 May on new rules to implement the order, which are expected to come into force by the end of 2015.4 Under the new rules the GMC will not be obliged to tell a doctor’s employers about provisional inquiries until it has decided that a case requires investigating. The changes will plug a gap by allowing the GMC to require a doctor to disclose the information or documents needed for an investigation. At a new type of non-compliance hearing the tribunal service will be able to take action against a doctor for failing to comply with a reasonable request for factual information or for failing to undergo an assessment of performance, health, or knowledge of English, without having to find the doctor’s fitness to practise impaired.
A new rule provides that either the doctor or the GMC may be ordered to pay costs that have been wasted if that party has acted unreasonably and failed to comply with case management decisions. Another new power is included to make rules for investigations to continue after tribunal service proceedings have started and for cases that have been referred to the tribunal service to be withdrawn. 1 2 3 4
The General Medical Council (fitness to practise and over-arching objective) and the Professional Standards Authority for Health and Social Care (references to court) order 2015. 19 March 2015. www.legislation.gov.uk/uksi/2015/794/contents/made. Dyer C. GMC launches new tribunal service for UK doctors. BMJ 2012;344:e4060. Law Commission. Regulation of health care professionals; regulation of social care professionals in England. 2 April 2014. http://lawcommission.justice.gov.uk/areas/ Healthcare_professions.htm. General Medical Council. Reforming our fitness to practise investigation and adjudication processes: a public consultation on changes to our rules. March 2015. www.gmc-uk.org/ ftpchanges.
Cite this as: BMJ 2015;350:h1660 © BMJ Publishing Group Ltd 2015
Subscribe: http://www.bmj.com/subscribe
