New Medical Practitioners Tribunal Service to Hear Cases from 2012
The General Medical Council is to lose its adjudication role from June 2012. New cases that are referred to the General Medical Council (GMC) will be heard by the new tribunal the Medical Practitioners Tribunal Service (MPTS), which will be independent of the GMC, and case already being investigated or processed will now be adjudicated by the MPTS. The GMC will retain its investigative role for the time being.
The Medical Practioners Tribunal Service will hear cases that have traditionally been heard by the GMC Fitness to Practise Panels (FTPPs). The adjudication will follow similar principles as before but the new tribunal will be completely independent of the GMC and will be led by a senior judicial office holder. The change was recommended in part by Dame Janet Smith, who chaired the Shipman Inquiry (which looked at the failures of State bodies to prevent Dr Harold Shipman from murdering many of his patients. Many changes have already been implemented, such as a lowering of the standard of proof from the criminal standard to the civil standard, as well as a relaxation of the rules governing the admissibility of evidence.
MPTS Implementation Controversy
The has not been without controversy. The CHRE in particular was critical of a number of the GMC’s proposals for change. Read below the GMC consultation document and the CHRE response :-
Read the GMC Consultation publication Reform of the Fitness to Practise procedures at the GMC (PDF – External Link) [March 2011]
Doctors Defence Service lawyers will be providing legal advice and legal representation to doctors who face proceedings before the new Medical Practitioners Tribunal Service (MPTS) from the outset. If you would like to speak to one of our legal specialists in MPTS law, without obligation, call us in confidence on 0800 10 88 739
To follow case law and legislative developments, view our MPTS Law for Doctors page