Restoration to the GMC Register
The GMC Restoration procedure is available to doctors where they have:
(A) accidentally failed to pay the annual registration fee or provide an up to date residential address, leading to a lapse of registration (called ‘administrative erasure’); or,
(B) been erased from the register due to professional misconduct, deficient performance, or ill-health, by way of the fitness to practise process; or,
(C) following Voluntary Erasure.
Where a doctor’s registration has lapsed due to history (A), above, the doctor may apply for Restoration in accordance with the Restoration Following Administrative Erasure Regulations 2004 recent amendments). The procedure is usually straightforward but can occasionally throw up problems because of the way a doctor has acted. Where there are doubts about a doctor’s probity or the accuracy of the reasons they have given for the lapse of registration, the GMC might choose to hold a detailed investigation. For that reason, doctors should be diligent about the way they complete their application forms and ensure they do so with probity.
Where a doctor has been erased due to history (B), above, the doctor will be unlikely to be able to apply for Restoration for a minimum period of five years from the date of their erasure, depending on when their GMC case had been determined and the date the sanction came into effect. The fitness to practise legislation will apply to such cases. The application process is not a simple one and strong evidence of current fitness, remediation, updating and insight will be needed. Very few doctors are restored to the register and so any application needs to be made with care, to get it right from the outset. There will be a restoration hearing where the doctor must persuade the GMC that they are fit to practise again, despite the history of their case.
Where a doctor wishes to (C) apply for restoration following a Voluntary Erasure (VE), there is a specific Procedure to be followed: Restoration following Voluntary Erasure. See also the following case law on restoration:-
See also the case of GMC v Chandra EWCA Civ 1898 (August 2018)
We maintain an archive of restoration cases, accessible to our clients: Restoration Decisions
Doctors Defence Service can advise and represent doctors in relation to Restoration to the GMC Register. Our specialist lawyers can advise, in particular, on the GMC Restorations and Licensing Policy and on the steps a doctor might take in order to maximise their prospects of success of being restored to the register.
For information about how to apply for Restoration to the GMC Register, see the GMC’s Guidance on Restoration
To discuss a potential Restoration Application, Doctors Defence Service legal team be contacted on 0800 10 88 739