Adjudication by the General Medical Council

The Fitness to Practice Panel

The Fitness to Practise panel comprises the final stage of the GMC’s procedures.

A panel consists of specially trained individuals who hear all the evidence and decide whether action is required regarding the doctor’s registration. In order for a panel to be quorate it must consist of 1 lay person, 1 medically qualified person and a chairman who can be lay or medical.

Holistic Approach to Fitness to Practice

All aspects of the doctor’s fitness to practise can be considered holistically and there are no longer separate streams for conduct, health and performance. A doctor’s conduct and performance is assessed by the Fitness to Practise panel in context of principles set out in the GMC publication “Good Medical Practice”.

A solicitor from the MedicAssistanceScheme can explain the process leading up to the panel hearing and offer you advice and representation before and during this stage.

Three Stage Adjudication Process

The Panel follow a 3 stage process and consider:

1. Whether the allegations have been found proven or not. The standard now used in GMC proceedings is the civil standard of proof.
2. Is the practitioner impaired? The notion of impairment is not defined in the GMC’s rules or the Medical Act 1983. Essentially it means that the Panel must determine whether in light of their findings at stage 1, action needs to be taken on the doctor’s registration.
3. If fitness to practise is found to be impaired, the Fitness to Practise Panel moves onto the sanction stage and after hearing submissions may decide to:
   • erase the doctor’s name from the medical register;
   • suspend the doctor’s name from the medical register for up to 12 months;
   • place conditions on the doctor’s registration for up to 3 years;
   • in exceptional circumstances, to take no further action.

The Panel can also require a practitioner to be reviewed by another Panel at the conclusion of any period of conditions or suspension.