Statement on Judicial Review of our handling of complaints about Dr Aseem Malhotra

Published 15 February 2024

In 2023, Dr Matt Kneale asked us to review our decision to close the concerns he had raised with us about Dr Aseem Malhotra.

We considered Dr Kneale’s request under Rule 12 of our Fitness to Practise Rules, which set out the grounds that must be met for us to review a decision, and subsequently informed him that the grounds for a review hadn’t been met.

Later in 2023 Dr Kneale was granted permission to judicially review (JR) our decision. While preparing for the JR, we identified an error in the Rule 12 decision, which means that it needs to be re-taken.

A GMC spokesperson said:

‘During an extensive further assessment of our evidence, we identified an error in our Rule 12 decision, which means that it needs to be re-taken.

‘We are sorry for this error; as soon as we realised it had been made, we took steps to inform all relevant parties and concede the Judicial Review.’

- The JR of our decision will now not take place and we will again consider Dr Kneale’s request for a review of his case. This has been agreed with all parties involved and a new Rule 12 decision will be made in due course.
- Making a fresh decision at the Rule 12 stage does not mean that the allegations against Dr Malhotra will be investigated. Under Rule 12 of the Fitness to Practise Rules, certain types of decisions can be reviewed if the grounds for a review are met.
- How we handle complaints about our services.
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You can contact our Press Office team on 020 7189 5454. Or by email at press@gmc-uk.org.

About us

The General Medical Council (GMC) is the independent regulator of doctors in the UK.

The GMC works with doctors, their employers, their educators and others to:
- set the standards of patient care and professional behaviours doctors need to meet.
- make sure doctors get the education and training they need to deliver good, safe patient care.
- check who is eligible to work as a doctor in the UK and check they continue to meet the professional standards it sets throughout their careers.
- give guidance and advice to help doctors understand what’s expected of them.
- investigate where there are concerns that patient safety, or the public’s confidence in doctors, may be at risk, and take action if needed.
The GMC is independent of government and the professionals it regulates, and is accountable to the UK Parliament.

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Statement on Judicial Review of our handling of complaints about Dr Aseem Malhotra