Our approach to public confidence concerns

What is a public confidence concern?

A public confidence concern can arise when a doctor’s actions, in or outside the workplace, could undermine public trust in the profession even if they did not directly affect patient care. Some behaviour in a doctor's personal life may also raise a patient safety concern if it could affect the care they provide at work. For example, an allegation of domestic abuse may raise a risk of a doctor not appropriately following safeguarding procedures.

Public confidence is important as patients need to trust doctors when they are sick or vulnerable. If this trust is broken, people may not seek a doctor’s help when they need it.

When action might be needed

We have a legal duty under the Medical Act 1983 to maintain and promote public confidence in the medical profession. This means we may need to take action where a doctor’s behaviour could make people lose trust in doctors more generally and the care they provide.

Good medical practice says that doctors must make sure that their conduct justifies patients’ trust in them and the public’s trust in their profession. This is consistent with case law (previous decisions by the courts), which has established that higher standards of behaviour are expected of regulated professionals, such as doctors and solicitors, compared to the general public.

Read our more detailed information: Our regulatory role in cases concerning public confidence

Examples of when action may be taken to maintain public confidence

Violence and dishonesty

• A doctor physically assaulted their partner on several occasions.
• A doctor stole a bag belonging to a patient’s relative on a hospital ward.  

Bullying, harassment, or discrimination

• A doctor made social media posts expressing discriminatory views, using racist and sexist language.
• A doctor shared sensitive confidential information about a member of the public on social media.  

Criminal behaviour

• A doctor stole a sentimental item from a colleague’s work locker, damaging it while taking it home.
• A doctor is subject to a Stalking Protection Order after repeatedly harassing a former girlfriend by following her, waiting outside her house, sending unwanted messages, and filming visitors to her home. 

How we assess public confidence concerns

We consider public confidence concerns in the same way as any other information about a doctor as set out in How we assess and respond to fitness to practise concerns. We use a proportionate approach, taking all the individual circumstances into account. 

What actions can we take?

Once we’ve assessed if a doctor poses any risk to public protection, we may: 

• take no further action if the concern is minor and there’s no risk to patients or to public confidence
• give a warning if the behaviour represents a significant departure from the professional standards expected but restricting the doctor’s practice is not necessary 
• send the case to a medical practitioners tribunal, which can restrict, suspend or remove the doctor’s right to work.

If a doctor is convicted of an offence and given a prison sentence (including a suspended sentence), we must refer the case to the Medical Practitioners Tribunal Service (MPTS) for a hearing. This is required in law, and we don’t have any choice over this.

Read more about our sanctions for doctors.