At the end of the investigation, the GMC will disclose to the doctor the allegation and any documents and evidence gathered in relation to the allegation. The doctor will be given at least 28 days to provide written comments – also known as a Rule 7 letter. Under Rule 8, the information and evidence is referred to GMC Case Examiners for consideration and decision.
GMC Rule 7 – GMC Referral and investigation
On receipt of a complaint or self-referral by a doctor, the GMC will decide whether to investigate the complaint or allegation. Under GMC Rule 4, the GMC will write to the doctor to notify them that of an allegation.
In most cased, the GMC will conduct what is known as a provisional enquiry to decide whether a full investigation is necessary. If, after a provisional enquiry, the matter is referred for full consideration to assess whether the doctor should be referred to an MPT. The nature of the investigation that is carried out will depend upon the allegation, but may include:
- seeking further information from the complainant
- seeking comments from the doctor under investigation
- obtaining medical records
- obtaining other documentary evidence from third parties such as the police, or the doctor’s employers
- taking statements from witnesses
- obtaining expert reports on clinical or other matters
- directing the doctor to undergo an assessment of their health or performance, or knowledge of the English language
Under Rule 7, at the end of the GMC’s investigation, the GMC will disclose to the doctor the allegation and any documents and evidence gathered in relation to the allegation. The doctor will be given at least 28 days to provide written comments.
GMC Rule 8 – Case Examiners
At the conclusion of the investigation stage, the case examiners will be provided with the allegation(s), any evidence collected and, if provided, the doctor’s written comments.
Having reviewed all relevant information, the case examiners may decide, in agreement, to conclude a case with the following:
- no action
- the issuing of a warning
- inviting the doctor to comply with undertakings, or
- referring the matter for adjudication before an MPT
If no agreement can be reached between the case examiners, or a doctor asks for an oral hearing following the issuing of a warning, the matter will be referred to the Investigation Committee.
Allegations will only be referred to the MPTS if the case examiners consider that there is a realistic prospect a tribunal would find the practitioner’s fitness to practise impaired to a degree justifying action on registration (the realistic prospect test).
Does Rule7 provide an opportunity for doctors to resolve their cases early?
Broadly the speaking, about 75% of all GMC complaints are closed either during the initial triage stage or during the investigation. In reality this number is higher because about 20% of cases are “in progress” and many of these will also not be referred to a full hearing.
The majority of cases are therefore dispensed with during the investigation stage. Whilst there might be a variety of reasons for this, the opportunities for doctors to influence the outcome is a contributing factor.
There is opportunity for doctors, under Rule 7, to seek an early resolution to their cases, but great care must be taken when considering responding to GMC correspondence and legal advice is highly recommended. In some cased, doctors may be advised to not respond to the GMC or to request an oral hearing.
Kings View Barristers
With over 30 years combined experience, Kings View Chambers have established itself as one of the best when it comes to fitness to practise defence. We fully understand that fitness to practise defence is not merely about processes and procedures. We also understand that we are working with people who are anxious and worried about what investigations might mean for them, their professions and the reputations.
We are proud to be rated ‘excellent’ by our clients. Our commitment to client care is genuine in both seeking the very best outcomes for our clients, but also ensuring we do what we can to support them through the process.
Kings View Barristers
With over 30 years combined experience, Kings View Chambers have established itself as one of the best when it comes to fitness to practise defence. We fully understand that fitness to practise defence is not merely about processes and procedures. We also understand that we are working with people who are anxious and worried about what investigations might mean for them, their professions and the reputations.
We are proud to be rated ‘excellent’ by our clients. Our commitment to client care is genuine in both seeking the very best outcomes for our clients, but also ensuring we do what we can to support them through the process.
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Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.