The Government has been forced to change its approach to a landmark consultation, as it attempts to retain the General Medical Council (GMC)’s right to appeal decisions made by its own Medical Practitioners Tribunal Service (MPTS) - in a U-turn from its previous position.

The BMA began legal action to challenge the basis of the U-turn last month, after highlighting the misleading way in which the Government had described the recommendation by Lord Mann regarding the GMC’s right of appeal.

The Government responded to the BMA’s pre-action letter by confirming this week that it was going to re-consult on the issue.

BMA council deputy chair Dr Emma Runswick said:

"I’m pleased to see the Government has recognised its approach to this important consultation on the right of appeal was fundamentally flawed. We should not need to start legal action to ensure the Government consults in way that is lawful.

"This is a win for doctors and patients who will now have a chance to respond to a consultation on the GMC’s right of appeal that presents the arguments fairly. We will continue to oppose the GMC’s existing right of appeal, and the extension of this right to cover interim tribunal determinations.

"We would remind the Government as it moves to re-consult that the voices of doctors and independent experts are not to be ignored. We need to see a meaningful reform that will both support doctors and protect patients, with a simplification of the system where the Professional Standards Authority (PSA) remains the only body with right to appeal.

Notes to editors