Referral for a hearing at the MPTS

We will normally only refer doctors to a medical practitioners tribunal hearing for serious or persistent departures from Good medical practice. 

In deciding whether to refer a doctor, we must always have in mind our statutory duty to protect the public which involves:

• protecting, promoting and maintaining the health, and safety and wellbeing of the public
• promoting and maintaining public confidence in the profession
• promoting and maintaining proper standards and conduct for doctors.

We consider whether there is a realistic prospect of establishing that a doctor’s fitness to practise is currently impaired to a degree justifying action on their registration and to do so, we apply the realistic prospect test which consists of two parts. We must:

• decide if the allegations are serious enough to warrant action on the doctor’s registration
• consider whether the allegations are capable of proof to the required standard, namely that it is more likely than not that the alleged events occurred.

We also consider whether the doctor’s failings are easily remediable, whether they have been remedied (and to what extent), and whether they are likely to be repeated. 

Case examiners can recommend that the doctor is invited to comply with undertakings, without the need for a medical practitioners tribunal hearing, where that would be sufficient to protect patients and maintain public confidence.

A doctor’s fitness to practise can only be impaired by reason of:

• misconduct, examples of which include, but are not limited to:
  • sexual assault
  • violence
  • improper sexual or emotional relationships
  • serious clinical concerns
  • knowingly practising without a licence
  • unlawful discrimination
  • dishonesty
  • gross negligence or recklessness about a risk of serious harm to patients
• deficient professional performance
• a criminal conviction or caution in the British Isles (or elsewhere for an offence which would be a criminal offence if committed in England or Wales)
• adverse physical or mental health
• a determination by a regulatory body responsible for the regulation of health and social care, either in the United Kingdom or overseas
• not having the necessary knowledge of English.

If case examiners decide there is not a realistic prospect of finding current impairment, they may still issue a warning to the doctor if there has been a significant departure from Good medical practice.

The MPTS operates a public hearing service and their decisions are fully independent of our investigations. If a medical practitioners tribunal hearing finds that a doctor’s fitness to practise is impaired, it can:

• take no action
• agree to undertakings offered by the doctor at hearing
• put conditions on the doctor’s registration, which restricts what a doctor is allowed to do
• stop a doctor from working as a doctor for a set period of time (suspension)
• erase the doctor from the medical register to stop them practising (erasure).

If a tribunal hearing finds a doctor is not impaired, it may still issue a warning to the doctor if there has been a significant departure from Good medical practice.

The MPTS website has more information about tribunals and the actions that can be taken.