The GMC’s Duty of Care to Registrants

The GMC’s Duty of Care to Doctors and Other Registrants

The General Medical Council (GMC) holds registers for doctors, physician assistants and anaesthesia assistants. It also regulates such registrants through fitness-to-practise processes, which include an investigatory stage (including interim orders hearings) and substantive fitness-to-practise hearings, among other regulatory procedures.

The GMC must act rationally, in accordance with the law, following fair procedures. Where it fails to so act, it may be possible to challenge the GMC by way of judicial review, in employment tribunals, or by way of statutory appeal. But what is the scope of the GMC’s duty of care to registrants?

What is the duty of care of the GMC towards its registrants? 

In Suresh & Ors v General Medical Council [2026] EWCA Civ 955, a case that went to the Court of Appeal, the family of a doctor, who took his own life on the day he received a letter from the GMC inviting him to attend an interim orders tribunal hearing (IOT), sought to claim damages by way of a civil claim from the GMC.

Dr Suresh had been facing a criminal investigation for an historical sexual allegation. The GMC, in furtherance of its statutory duty, convened an interim orders hearing to look at whether an interim order was necessary, in light of the seriousness of the allegation being investigated. The family made a civil negligence claim but this was struck out in the High Court. They appealed, and the Court of Appeal opined:

88. Where a medical practitioner is accused of misconduct such as a sexual assault on a child patient, the accusation often leads to the involvement of the police, and of local authority social services if the doctor has children; to precautionary suspension by the employer; to a referral to the GMC and by them to the IOT; and to a suspension from practice by the IOT for what may be a considerable period until the matter is finally resolved. The process can seem lengthy and complex, and in some cases it may cause great distress. The same can occur when an allegation is made of a criminal offence which is investigated by the police, prosecuted by the CPS and may eventually be found to be without substance. Nevertheless, it is clear that the law does not impose a duty of care on investigators or statutory regulators in those circumstances. 

The GMC therefore was not liable in negligence for the death of Dr Suresh.

(24 July 2026)

Article by Lee Gledhill

Doctors Defence Service advises and represents GMC registrants in GMC and other proceedings. Contact us on 0800 10 88 739 or via our Contact Page for more information about our services.