General Medical Council (GMC)Investigations

Some GMC investigations can result in criminal prosecution. If you believe you may be at risk of criminal prosecution, you should get in touch with our expert lawyers as soon as possible.

We have experience defending clients from both GMC investigations and criminal investigations. Our expertise in both legal areas is vital in building a robust defence and protecting your professional career.

If the GMC informs you that you’re under investigation, it’s important that you fully cooperate with them. It’s helpful if you:

• Provide the GMC with any comments or concerns you have about the complaint or their investigation
• Send the GMC your full employment details when asked
• Contact expert defence lawyers as soon as possible. They will explain the GMC’s procedure to you and protect your best interests from the outset
• Get emotional support or advice to help you manage any stress you’re experiencing from the investigation.

Cooperating with the GMC often allows them to conclude their investigation quickly, but it also helps your defence lawyer to strengthen your position at your hearing.

As a regulatory body, the GMC aims to help protect patients and improve medical practice and education by setting the UK medical standards. When the GMC believes their standards haven’t been met by a medical practitioner, they have the power to:

• Conclude an investigation when they decide no further action is needed
• Issue a warning
• Insist that the doctor in question take action to resolve the issue
• Apply for an Interim Order Tribunal hearing to temporarily suspend a doctor while they investigate the complaint
• Refer the matter to the Medical Practitioners Tribunal Service (MPTS) for a Fitness to Practice hearing. The MPTS can then: impose conditions on a doctor’s registration, suspend a doctor temporarily or remove or strike a doctor off of the register permanently.

This process can take months to resolve and can seriously affect your reputation and career during that time. The GMC recommends that you get in touch with a lawyer before an investigation starts.

The GMC will let you know if they choose to investigate a complaint that’s been made against you. You then have the opportunity to give the GMC a written statement of your comments and any key information about the complaint. The GMC will also ask you to give the details of your employment.

The GMC recently introduced the ‘Provisional Enquiry’ procedure. This means certain cases can be closed after a smaller, less invasive investigation where the GMC will gather evidence about you, including:

• Witness statements from the person who complained, any witnesses and also your employer and colleagues
• Depending on the complaint, the GMC may need to assess your mental or physical health, your performance, or your understanding of English.

If the GMC are satisfied there are no concerns about your fitness to practice, they’ll simply conclude the case with no further action.

If the GMC believe you’re a risk to the public, they may apply for an interim order tribunal hearing. At this hearing, the GMC has the power to suspend you from practising medicine or place restrictions on what you’re allowed to practice. This depends on the outcome of the GMC’s investigation.

At the end of the investigation, the GMC can:

• Issue you with a warning
• Insist that you take certain actions
• Refer your case to the Medical Practitioners Tribunal Service (MPTS) for a Fitness to Practice hearing.

A Fitness to Practice hearing will investigate your case further. For this, you must have a well-prepared defence. The MPTS has the power to put conditions on your medical registration, suspend you from practising, or even strike you off the register.