Aliu v General Medical Council (GMC) [2018] EWHC 3659 (Admin) (26 November 2018)

Aliu v General Medical Council (GMC) [2018] EWHC 3659 (Admin) (26 November 2018)

The performance assessment provided clear and recent evidence that Dr Aliu was not fit to practise at any level, with significant risks to patient safety and public confidence. The public interest in maintaining the suspension outweighed Dr Aliu's interests. The Interim Orders Tribunal's decision to impose and continue the suspension was not wrong, and extension of the suspension was necessary and proportionate.

Citation
[2018] EWHC 3659 (Admin)
Parties
Claimant/applicant/respondent: Dr Aliu; Defendant/respondent/applicant: General Medical Council; Proposed Defendant (not a Party): The Mid Yorkshire Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
26 November 2018
Procedural Posture
Medical Act 1983 Section 41 a Application and Challenge / Judgment on Challenge to Interim Suspension and Application to Extend Suspension
Outcome
Application by Dr Aliu to lift the interim suspension dismissed; GMC's application to extend the interim suspension granted.
Legal Topics
Interim Suspension of Medical Practitioner, Fitness to Practise, Proportionality of Regulatory Orders, Extension of Interim Suspension, Judicial Approach to Interim Orders
Medical Law Administrative Law Professional Regulation Interim Suspension of Medical Practitioner Fitness to Practise Proportionality of Regulatory Orders Extension of Interim Suspension Judicial Approach to Interim Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Dr Aliu

Claimant/applicant/respondent

General Medical Council

Defendant/respondent/applicant

The Mid Yorkshire Hospitals NHS Trust

Proposed Defendant (not a Party)

Procedural Posture

Medical Act 1983 Section 41 a Application and Challenge / Judgment on Challenge to Interim Suspension and Application to Extend Suspension

Legal Issues

  1. 1 Whether the interim suspension order imposed on Dr Aliu should be lifted
  2. 2 Whether the interim suspension order should be extended until 29 June 2019

Ratio Decidendi

The performance assessment provided clear and recent evidence that Dr Aliu was not fit to practise at any level, with significant risks to patient safety and public confidence. The public interest in maintaining the suspension outweighed Dr Aliu's interests. The Interim Orders Tribunal's decision to impose and continue the suspension was not wrong, and extension of the suspension was necessary and proportionate.

Court Disposition

Application by Dr Aliu to lift the interim suspension dismissed; GMC's application to extend the interim suspension granted.

Orders

  • Interim order of suspension on Dr Aliu to continue until 29 June 2019.