GMC appeals require specialist legal representation. It is possible to appeal a decision made by the Medical Practitioners Tribunal Service (MPTS) fitness to practise panel to the High Court. The solicitors at the MedicAssistanceScheme can advise and represent you throughout the appeals process to help you get the best result.
A notice of appeal, together with grounds of appeal needs to be prepared. GMC appeal documents need to be lodged with the High Court within 28 days of the decision being appealed. The 28-day time limit is very strictly applied by the High Court and only in highly exceptional circumstances will the High Court permit an appeal to proceed when it is lodged out of time.
Risks and rewards of a GMC appeal
GMC appeals are risky, as a doctor will be exposed to the risk of paying the GMC’s costs if their appeal is unsuccessful. Therefore, it is essential to obtain specialist legal advice on the merits of an appeal, prior to lodging an appeal to the High Court. We are always honest and clear with doctors when we conclude that their appeal has a low prospect of success. This enables you to make an informed decision regarding the risks in proceeding with an appeal and may save you from a considerable loss of money and time, as well as preventing any misplaced optimism.
A decision made by the MPTS fitness to practise panel will not take effect until either the 28-day timeframe for lodging an appeal expires or the appeal is determined by the High Court. However, pending the outcome of a GMC appeal, a doctor may be suspended on an interim basis.
Professional Standards Authority
The Professional Standards Authority (PSA) oversees all healthcare regulators, including the GMC. They review all final fitness to practise decisions. They may lodge an appeal against a fitness to practise decision by the MPTS, if they consider that the Panel’s decision was too lenient in all the circumstances or that the decision has not sufficiently protected the public.
Can the GMC lodge an appeal?
In some circumstances, if the GMC are not happy with the outcome of a decision made by the MPTS Fitness to Practise Panel, then they can lodge their own appeal before the High Court. At the Medic Assistance Scheme, if you are faced with the GMC lodging an appeal against a decision that you were happy with, we can support you and defend you in the High Court.