Healthcare sector unites to oppose GMC’s right of appeal

A coalition of 13 medical organisations, including MDDUS, has united to urge the UK Government to reverse its plan to retain the General Medical Council’s (GMC) right to appeal the decisions of its own tribunal service.

Under current proposals, the GMC would keep its ability to appeal decisions made by the Medical Practitioners Tribunal Service (MPTS). In addition, it will 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 previous government and the GMC.

In a joint letter to Minister of State for Health, Karin Smyth MP, the coalition argue that the GMC’s right of appeal risks seriously undermining 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 adds: “An additional, overlapping GMC right of appeal is unnecessary given the existence of an established and effective independent oversight mechanism through the PSA.”

Dr John Holden, Chief Medical Officer at MDDUS, said: "The Medical Practitioners Tribunal Service exists to provide an independent adjudication process. Maintaining a separate right of appeal for the GMC, when an independent tribunal has already considered the evidence and reached a decision, risks creating duplication and uncertainty without a clear benefit to patient protection.

"Appearing before a tribunal is often one of the most challenging experiences of a doctor's professional life. The regulatory system should be robust, proportionate and fair, while maintaining public confidence. The Professional Standards Authority already has the power to appeal decisions where it believes this is necessary in the public interest.

"We believe the time is right to remove the GMC's separate right of appeal and further strengthen the distinction between the regulator and its independent tribunal service. Maintaining the dual right of appeal adds delay and stress and reduces confidence in the fairness of the regulatory system as a whole."

The letter was signed by: MDDUS, Medical Protection Society, Medical Defence Union, 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.

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