The BMA has begun legal action against the Government over its U-turn on removing the General Medical Council’s right to appeal decisions made by its own Medical Practitioners Tribunal Service (MPTS).

When the GMC investigates a doctor, it is the MPTS that hears the case and decides whether the doctor is fit to practise and what, if any, sanction they should face.

Currently the GMC has a right to appeal decisions made by the MPTS, something the BMA believes is unfair and undermines doctors’ trust in the regulator. This was backed by the landmark Williams Review in 2018, which recommended the GMC’s right to appeal was removed, which successive governments have agreed to do. This was also the unequivocal recommendation of the independent Hamilton review in 2019 that was commissioned by the GMC.

However, earlier this year the Government launched a consultation on reforming the GMC, which proposes not only retaining the GMC’s right to appeal, but also expanding that right to interim decisions. The Government consultation, launched in March, said this proposal was a recommendation in the forthcoming Mann Review into antisemitism and racism in the NHS, which was not published until earlier this month.

Yet when the Mann Review was published, it did not recommend retaining the GMC’s right to appeal.

In a letter before action sent to the Secretary of State for Health and Social Care, the BMA says that the Government has misrepresented the Mann Review recommendation – which says that the Government should consult on whether to retain the GMC’s right to appeal, rather than specifically recommending it be retained.

The BMA also says that respondents to the consultation could not be expected to respond meaningfully given that the full details of what Lord Mann was recommending were not available until two months into the consultation period – just two weeks before it ends on 23 June – rendering the consultation unlawful.

The BMA is demanding that the proposal to retain the GMC’s right to appeal is removed from the consultation. It says that if the Government persists with these proposals it must at least re-consult with a document that is “accurate, comprehensive and non-misleading”.

BMA council deputy chair Dr Emma Runswick said:

“The removal of the GMC’s right to appeal was recommended by the Williams Review in 2018 and backed by every government since. Now this U-turn, which is based on an entirely false premise, will only further erode the trust and confidence that the medical profession has in its regulator and will do nothing to protect patient safety.

“The Professional Standards Authority, as the regulators’ regulator, already has the right to appeal decisions by the MPTS, so retaining and expanding the GMC’s rights is not only unfair, but also unnecessary.

“Having now seen the full Mann Review, we can only conclude that the Government deliberately intended to mislead people in its consultation on the changes.

“Many stakeholders will have already responded to the consultation based on incomplete and inaccurate information, and now only have a very short window to consider the actual Mann Review recommendations.

“We are clear that the proposal to retain the GMC’s right to appeal should be removed. Falling short of that, the Government needs to re-consult with accurate and comprehensive information.

“When trust and confidence in the GMC is so low, there is an opportunity for meaningful reform that will both support doctors and protect patients. However, the process so far indicates that this opportunity is being completely wasted.”

Ends

Notes to editors

The BMA is a professional association and trade union representing and negotiating on behalf of all doctors in the UK. A leading voice advocating for outstanding health care and a healthy population. An association providing members with excellent individual services and support throughout their lives.

• The BMA recently launched a petition urging the Government to meaningfully reform the GMC.