How we make decisions

Our decision makers use a range of guidance to help them come to a conclusion on investigations, all of which is based on our primary legislation, the Medical Act and the Fitness to Practise Rules. You can find the guidance our decision makers use below.

Deciding whether to open an investigation

• Assessing the suitability of allegations for referral to a single clinical incident provisional enquiry
• Deciding the outcome of single clinical incident provisional enquiries
• Investigating allegations more than five years old
• Investigating single clinical incidents

Interim orders guidance

• Deciding whether to refer to an interim orders tribunal

Types of allegations

• Types of cases where failure to meet standards may lead to action
• Convictions, cautions, determinations and other methods of police disposal
• Self-prescribing, or prescribing to those in close personal relationships
• Involvement in encouraging or assisting suicide

Warnings and the Investigation Committee

• Guidance on warnings
• Guidance on drafting warnings
• Oral hearings at the Investigation committee

Referring doctors for assessments

• Directing a language assessment
• Directing a health assessment
• Directing a performance assessment

Making a decision at the end of an investigation

• The realistic prospect test
• Deciding what to do at the end of an investigation 
• Giving written advice 
• Assessing insight when considering if undertakings are appropriate 
• Assessing insight – how people from different cultures acknowledge fault
• Guidance on the impact of health in misconduct, conviction, caution and performance cases
• Assessing risk in cases involving health concerns 
• Referring allegations back to another decision maker 
• Guidance on agreeing undertakings

Monitoring undertakings

• Dealing with breaches of undertakings
• Varying or revoking undertakings 

Other guidance

• Assessing the suitability of allegations for referral to a single clinical incident provisional enquiry
• Deciding the outcome of single clinical incident provisional enquiries
• The meaning of fitness to practise
• Voluntary erasure
• Cancelling referrals to a medical practitioners tribunal
• Appeals by the GMC against a medical practitioners tribunal decision 
• Guidance for case examiners on the withdrawal of referrals under Rule 28

Referring doctors to other organisations

• Sending alerts to European medical regulators
• Referring doctors to the DBS
• Referring doctors to Disclosure Scotland
• Disclosing to DBS and Disclosure Scotland under section 35B(2) of the Medical Act

Page last updated 10/12/2018.