Doctors’ tribunal service updates guidance following accusations of ‘leniency’

The doctors’ tribunal service has strengthened guidance following a report revealed that sanctions for doctors found guilty of sexual misconduct may be “too lenient”.

Research published in The Bulletin of the Royal College of Surgeons (RCS) of England in September saw experts analyse 222 new Medical Practitioners Tribunal Service (MPTS) cases between August 2023 and August 2024.

It concluded that 24% found guilty of sexual misconduct were allowed to continue practising following a suspension after an MPTS case, despite the General Medical Council (GMC), the regulator for doctors in the UK, calling for them to be struck off.

Now the MPTS has said that medical tribunals will get “greater clarity” in making rulings for doctors found guilty of sexual misconduct after updating guidance.

The organisation said that its guidance, which also covers other serious allegations including discrimination and abusive behaviour, will now include “sanction banding” to inform tribunals of the range of outcomes for different types of cases.

It said the guidance, which has been in development for more than a year, will also include “much more detail” about assessing the seriousness of an allegation.

Gill Edelman, interim chairwoman of the MPTS, said: “Hearings involving allegations of sexual misconduct remain an area of scrutiny and concern.

“We recognise the impact tribunal decisions have on doctors and on complainants.

“It is therefore paramount that our tribunals reach fair, proportionate and transparent decisions and that there is clarity for all concerned in the range of outcomes that can be expected.

“The updated guidance aims to support consistent and well-reasoned decisions. We thank everyone who contributed to its development.”

Responding, Professor Vivien Lees, senior vice president of the Royal College of Surgeons of England, said: “It is encouraging to see that the surgical and wider healthcare community has been listened to, and that the guidance is being strengthened.

“The real test will be in how this guidance will be applied.

“The current system of medical regulation is failing targets of misconduct.

“Instead of delivering justice, the system often compounds trauma, allows perpetrators to remain in positions of authority, and ultimately undermines patient care.

“We are hopeful that these changes will lead to better support for targets, greater accountability for perpetrators, and foster a culture of safety, respect and integrity across healthcare.

“To protect staff, ensure patient safety, and maintain public trust, these changes must be implemented consistently and transparently, with robust education for tribunal panels and meaningful support for those going through the process – working in close collaboration with the GMC.”