Implementing the Civil Standard of Proof
The standard of proof
A new provision in our Fitness to Practise rules introducing the civil standard of proof at Fitness to Practise panel hearings, when panellists are making decisions on disputed facts, took effect on 31 May 2008.
It has been Council’s policy since November 2006 to support the implementation of the civil standard of proof in our fitness to practise procedures. In 2007 we carried out an extensive consultation on the draft rule and guidance required to implement the change. Council subsequently agreed these in December 2006.
The change has been made by way of an amendment to our Fitness to Practise Rules. We are making explicit reference to the standard of proof in our Fitness to Practise Rules for the first time, by including a new rule 34(12). The civil standard of proof applies to all fact finding by a FTP Panel in every case where the charge has been read on or after 31 May 2008, irrespective of when the underlying complaint may have been made and any prior steps in the proceedings.
We have completed an extensive training programme for all GMC associates, lawyers and staff affected by the change. We have also undertaken a communication programme focussing, in particular, on those key interest groups and individual doctors affected by the change.
Rule 34(12) General Medical Council (Fitness to Practise) Rules 2004
Guidance on the application of Rule 34(12)
For further details of the change see our Frequently Asked Questions factsheet.