Regulating doctors, ensuring good medical practice

An introduction to adjudication

This page provides information about the Adjudication process.

Contents


Introduction

After a complaint is received about a doctor and preliminary enquiries have been carried out, the GMC decides whether to refer the doctor to a Fitness to Practise Panel.

The GMC will consider both the seriousness of the allegations and the likelihood of being able to prove the case at a hearing.

If the case examiners or the Investigation Committee are satisfied that there is a realistic prospect of establishing that the doctor's fitness to practise is impaired, the doctor will appear before a Fitness to Practise Panel.

Sometimes, if the GMC believes it is necessary, we ask the doctor to appear before an Interim Orders Panel, which has the power to suspend or impose conditions on the doctor's registration while questions about the doctor's fitness to practise are resolved.

Who makes the decisions in the Adjudication process?

Medical and lay panellists appointed to sit on our Interim Orders Panels and Fitness to Practise Panels.

The panellists are independent, but are required to take account of the Council's policy and guidance.

Interim Orders Panel

Interim Orders Panels consider whether a doctor's registration should be restricted, either by suspension or by imposing conditions on their registration, while questions about the doctor's fitness to practise are resolved.

This ensures that we can take action to protect patients while we carry out our enquiries into the doctor's fitness to practise.

The Interim Orders Panel meets in private, unless the doctor requests a public hearing.

Read more about the Interim Orders Panel.

Fitness to Practise Panels

Fitness to Practise Panels hear evidence and decide whether a doctor's fitness to practise is impaired. Fitness to Practise Panel hearings are the final stage of our procedures.

If the Panel concludes that a doctor's fitness to practise is impaired it may:

  • take no action
  • accept undertakings offered by the doctor provided the panel is satisfied that such undertakings protect patients and the wider public interest
  • place conditions on the doctor's registration
  • suspend the doctor's registration
  • erase the doctor's name from the Medical Register , so that they can no longer practise.
  • If a panel concludes that the doctor's fitness to practise is not impaired, it may issue a warning to the doctor.

Fitness to Practise Panels meet in public, except when considering evidence relating to a doctor's health.

Read more about Fitness to Practise Panels.

Arranging Fitness to Practise Panel Hearings

The GMC has a procedure designed to facilitate the effective listing of Fitness to Practise Hearings.

Download Pre-hearing Case Management procedure (176kb, pdf)

The GMC has a FTP Panel scheduling over-list procedure which is intended to improve the scheduling of cases and to maximise hearing room capacity.

Download the Overlist Procedure (30kb, pdf)

Managing Fitness to Practise Panel Hearings

The GMC has published guidance to panel chairmen on the effective management of Fitness to Practise Panel hearings. The information may also be of interest to others, particularly parties to the proceedings.

Download Managing Fitness to Practise Panel Hearings: Guidance for panel chairmen (171kb, pdf)

Panellists' interests

Panellists are appointed to make decisions in line with the GMC's role, which is both to protect patients and to act in the wider public interest.

In making decisions on cases, they act as individuals, not as representatives of other organisations.

Fitness to Practise Bulletin

The GMC publishes a Fitness to Practise Bulletin, which is targeted at all Fitness to Practise panellists and legal assessors.

Since it was first introduced it became clear that its contents were of interest to others, including those who appear before panels. The April 2007 issue was the first to be made available to download in this section of the website.

The Bulletin has since been revised and was re-launched in May 2008. It will in future be published bi-monthly.

Download the Panellists' bulletins

OHPA and the future of adjudication

From April 2011, responsibility for running Fitness to Practise hearings involving doctors will transfer from the GMC to a new, independent body called the Office of the Health Professions Adjudicator (OHPA). The GMC will continue to regulate doctors and investigate Fitness to Practise issues. More information can be found on our OHPA page.