The Doctors’ Association UK (DAUK) has welcomed the government’s move to re-consult on proposals to retain and extend the General Medical Council’s (GMC) power to appeal decisions made by the Medical Practitioners Tribunal Service (MPTS).
This decision follows concerns from DAUK, the British Medical Association (BMA) and others that the original consultation presented the recommendations of the Lord Mann Review in a misleading and legally flawed way.
DAUK acted before the original consultation deadline.
On 9 June, solicitors acting for DAUK, Leigh Day, wrote to the Secretary of State for Health and the Department of Health and Social Care (DHSC) seeking a one-month extension to the consultation.
Lord Mann Review
The request highlighted that Lord Mann’s Review had been published on 4 June, leaving doctors and representative organisations less than three weeks to consider its recommendations before the consultation was due to close on 23 June.
DHSC initially refused DAUK’s request for a formal extension, although it agreed that DAUK could submit further material concerning the Mann Review by 30 June.
The Government later revised its position, extending the consultation by four weeks to 21 July.
However, DAUK made clear that an extension alone could not correct the underlying problem with the consultation.
Withdrawn and reissued
On 29 June, Leigh Day wrote again on our behalf, arguing that the consultation remained misleading and calling for the sections dealing with the GMC’s appeal powers to be withdrawn and reissued.
DAUK has worked closely with other representatives of the medical profession during this process and supported the legal challenge brought by the BMA.
DAUK’s draft consultation response and legal position were informed by detailed work from our members, and we will refine this further for the new consultation.
The Government has now confirmed that it will consult again on the proposals, a decision DAUK believes is welcome and necessary. It also demonstrates the impact that coordinated legal, professional and public pressure can have.
DAUK continues to oppose the GMC retaining a separate right to appeal MPTS decisions.
Independent oversight
The Professional Standards Authority already provides independent oversight and has its own power to challenge decisions.
Giving the GMC an overlapping appeal power risks undermining the independence of the tribunal system and perpetuating the mistrust identified following the case of Dr Hadiza Bawa-Garba.
Dr Matt Kneale, DAUK co-chair, said: “The government initially rejected DAUK’s request for a proper extension, before extending the consultation for everyone and now accepting that it must consult again
“That sequence shows why it was essential for doctors’ organisations to challenge this process.
“DAUK was clear that additional time alone would not cure a consultation that presented the arguments unfairly.
Collaborative work
“Through our legal team, our consultation response, and our work alongside the BMA, we helped maintain the pressure for the affected proposals to be withdrawn and reconsidered.
“This is an important result for doctors, patients and fair regulation.
“We will continue to argue that independent oversight should rest with the Professional Standards Authority, rather than allowing the GMC to act as investigator, prosecutor and appellant.”
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