14 April 2022

The High Court in England has taken the unusual step of overturning an interim decision made by a professional regulator.

In the case of MXM v General Medical Council [2022] EWHC 817 (Admin), Mrs Justice Steyn allowed the doctor’s application challenging an interim order of suspension imposed on his registration.

The Applicant was a General Practitioner who challenged the interim suspension order on the basis that the Interim Orders Tribunal (IOT) was wrong to conclude that suspension was proportionate when interim conditions would have been sufficient to address the alleged concerns.

The Appeal Court held that the IOT had failed to provide sufficient reasons for its decision and, in any event, had erred in concluding that an interim order of suspension was a proportionate response to the allegations.  It overturned the interim suspension order and invited the IOT to consider imposing interim conditions instead.

The Appeal Court is generally reluctant to overturn a decision reached by a regulatory body where the panel has made a careful assessment of the information before it and provided adequate reasons for its decision.  It is, therefore, noteworthy when the appeal court invites a panel to review its decision or, in the case of MXM, overturns the panel’s decision.

If there was any uncertainty as to what is required from a panel in its written determinations, this appeal decision sets out the key considerations very clearly.  It deals with the importance of a panel giving written reasons for its decision.  It will not be sufficient for a panel simply to state that the decision is a proportionate response to the allegations; it must explain why it is a proportionate response. 

It is also a reminder of the importance of proportionality.  The panel should take the minimum steps necessary to address the alleged concerns.  It was a key consideration in the case of MXM that interim conditions would have been sufficient.

This appeal decision is a helpful reference in any regulatory proceedings because it sets out in detail the key considerations to be given by a panel when making an interim decision.

For more information on the issues arising from the above decision, or any other matter arising in a professional discipline context, please contact:

Cara Docherty, Associate: cdo@bto.co.uk / 0141 221 8012