For a tribunal to find a fact proved against a doctor (or PA or AA), the GMC must prove that the case against the doctor more probably occurred than did not, taking into account inherent probabilities of a situation arising.
See our in-depth article on the balance of probabilities in GMC/MPTS proceedings. The balance of probabilities applies during fact-finding stages of tribunal and committee proceedings. A tribunal’s failure to correctly weigh the evidence can lead to a successful appeal. In Davies v The Nursing and Midwifery Council [2026] EWHC 1139 (Admin)
144. I am, however, sufficiently clear that the manner in which the Panel reached, and/or explained, its decision-making falls short of the standard of justice to which Mr Davies was entitled, particularly having regard to the Panel’s obligation in law to direct all of its evidentiary and fact-finding functions, objectively, towards the NMC’s burden of proof as to the balance of objective probabilities, and to do so demonstrably.
(13 May 2026)
As to the Standard of Proof, the GMC has a burden to prove the evidential case against a doctor at the facts stage of proceedings. In the Davies case above, the panel had failed to do this. In Davies, the High Court held that the NMC Panel’s decision could not stand because it mishandled the burden and standard of proof. The Panel appeared to place too much responsibility on Mr Davies to disprove the allegations, rather than requiring the NMC to prove them. It did not properly show that it had applied the balance of probabilities, particularly given the inconsistencies in the patient’s account and the lack of supporting evidence. Its reasoning on witness credibility was unclear and did not adequately deal with possible mistake, misperception, or alternative explanations. Taken together, these flaws amounted to a serious procedural irregularity. The Court set aside the Panel’s decision because its approach was not fair, clear, or legally sound.
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