New guidance from the Medical Practitioners Tribunal Service (MPTS) will support tribunals making decisions about doctors facing serious allegations, including sexual misconduct, discrimination and violent and abusive behaviours.
For the first time, Guidance for MPTS Tribunals will include sanctions bandings. These indicate the range of outcomes that can be expected in different case types, once a tribunal has decided whether a doctor poses a low, medium or high level of risk to the public.
The guidance will also include much more detail about assessing the seriousness of an allegation and the features that may increase seriousness. For example, allegations relating to sexual assault, improper relationships or violence will usually fall at the higher end of the spectrum. Persistent or repeated behaviour and behaviour directed towards a vulnerable person, may increase seriousness. New flow charts will make tribunal decision-making more transparent, ensuring all those involved know what to expect at each stage of a hearing.
Gill Edelman, Interim Chair 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.”
Guidance for MPTS Tribunals incorporates MPTS decision-making methodology, sanctions bandings, draws together existing guidance and reflects the development of case law. It will come into effect on 24 November, replacing Sanctions guidance.
Commenting on the new guidance, Professor Vivien Lees, Senior Vice President of the Royal College of Surgeons of England (RCS England), said: “The changes introduced by the MPTS are a welcome step forward. 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.
“Tribunal panels frequently lack the necessary training and support mechanisms for witnesses. 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.”
