New guidance on doctors’ sexual misconduct cases

Last month we reported on research that found in nearly a quarter of cases involving sexual misconduct, the MPTS imposed sanctions on doctors that were more lenient than those recommended by the regulator, the General Medical Council (GMC).

The criticism was based on the outcomes of 46 cases with offences including harassment, rape, and assaults of patients, colleagues and children.

Some medics were handed suspensions instead of following GMC advice to strike them off the medical register.

At the time, the Royal College of Surgeons accused the MPTS of failing victims and compounding the trauma they had suffered.

Now there is new guidance for these types of cases, including more detail about how to assess the seriousness of allegations.

Gill Edelman, who is interim chair of the MPTS, says she hopes the new guidance will support consistent and well-reasoned decisions in cases of sexual misconduct.

“Hearings involving allegations of sexual misconduct remain an area of scrutiny and concern,” she said.

“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 new guidance means that for the first time, the members of the tribunal will have to consider what are described as “sanctions bandings”.

That is meant to indicate the range of outcomes that can be expected in different types of cases, once a tribunal has decided whether a doctor poses a low, medium or high level risk to the public.

There is also more detail about assessing how serious an allegation is, and what features may increase seriousness.

For example, allegations involving sexual assault, improper relationships or violence will usually fall at the higher end of the spectrum.

The guidance also means that persistent or repeated behaviour, and behaviour directed towards a vulnerable person, may increase seriousness.

Much of the criticism of the MPTS was led by the Royal College of Surgeons of England.

Professor Vivien Lees, the College’s senior vice president, says the new guidance is now a welcome step forward.

She said it was “encouraging” to see that the surgical and wider healthcare community had 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.”

Prof Lees added: “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.”

The new guidelines come into force from November.