· News

General Medical Council unveils tribunal service for doctors

The General Medical Council (GMC) yesterday launched a tribunal service for doctors in the biggest shake-up of fitness to practise hearings since they were first established in 1858.

The Medical Practitioners Tribunal Service (MPTS) is an impartial adjudication function for doctors and a key part of the GMC's fitness to practise reforms.

Based in a centre in Manchester, the MPTS is part of the GMC but operationally separate from the regulator's complaint handling, investigation and case presentation. It is also accountable to Parliament. It will take over all fitness to practise cases relating to registered doctors from the GMC and make decisions on what action is needed to protect patients.

The MPTS is led by His Honour David Pearl, an independently appointed Chair, who has held a range of senior judicial roles including the President of the Care Standards Tribunal and Commissioner of the Judicial Appointments Commission.

Pearl is responsible for appointing, training, appraising and mentoring MPTS panellists and legal assessors.

MPTS panels can remove or suspend a doctor from the medical register or place restrictions on their practise. It can also take early action to ensure patient safety by considering cases before a full fitness to practise hearing, where it may be appropriate to place restrictions on a doctor's practise immediately or suspend their practise while investigations proceed.

This provides an important safeguard should allegations against the doctor be considered to present a risk to the public.

Parliament approved the establishment of the MPTS in 2011 after the government's decision not to proceed with the establishment of the Office of the Health Professions Adjudicator (OHPA) in 2010.

Niall Dickson, the chief executive of the General Medical Council, said: "The launch of the MPTS is the biggest change to doctors' fitness to practise hearings for more than 150 years.

"It represents a key part of our reforms and delivers a clear separation between investigations and the decisions made about a doctor's fitness to practise.

"Although panels already make their decisions independently, it is important that their autonomy is clear and that the oversight of their work is quite separate from our investigatory activity. We hope that the MPTS will strengthen professional and public confidence that our hearings are impartial, fair and transparent - the fact that the service is led by a judicial figure who has a direct line to Parliament should provide that assurance.'

Responding, Bill McMillan, head of medical pay and workforce at the NHS Employers organisation, said: "This is a much improved system that NHS employers will strongly welcome, and which should reassure patients that concerns about doctors will be handled robustly.

 

"Safeguards will be as strong as ever but this new process aims to resolve cases more quickly, while evidence is fresh and participants still have a good recall of events. It is a significant step away from the cumbersome processes that could result in doctors being suspended for several years awaiting hearings and decisions.

 

"The new focus on accepting and addressing problems rather than disputing them is a more constructive and less adversarial approach to ensuring quality patient care.

 

"NHS Employers has published fresh guidance about keeping the quality of doctors on course and ensuring locums meet the highest standards, as it is essential that problems are prevented or resolved before patients and staff are adversely affected."