The British Medical Association, or BMA, has commenced the Pre-action Protocol for Judicial Review in respect of the government’s u-turn on removing the General Medical Council’s right of appeal against fitness to practise decisions. The BMA’s legal correspondence can be viewed here.
I’m pleased to see this development – for some time, I’ve been speaking about the current consultation on reform of the GMC, including retention and expansion of its right of appeal, and encouraging doctors to engage. Apart from the Department of Health & Social Care’s misrepresentation of Lord Mann’s precise recommendations within the consultation documents, I have also been struck by Lord Mann’s description of the GMC’s use of its power of appeal as “a record of success”. Did nobody tell him about Dr Bawa-Garba? Why does he apparently not care about the 30% of its appeals which the GMC has lost – doctors who went through a full GMC fitness to practise process and then also had to go through a High Court appeal?
There is no justification for the GMC retaining its right of appeal when the PSA (Professional Standards Authority for Health & Social Care) has the same right of appeal, the odds in fitness to practise proceedings are already stacked high in favour of the GMC and the GMC’s use of its right of appeal has caused huge damage to its relationship with the medical profession.
I am also troubled by the aetiology of the decision to retain and enhance the GMC’s right of appeal, which seems to have been a snap decision made by Wes Streeting due to his annoyance over the Interim Order hearing outcome in the case of Dr Aladwan (see here).
Best of luck to the BMA with this Judicial Review, which I will be following with interest.