General Medical Council (GMC) v Aliu [2018] EWHC 3660 (Admin) (26 November 2018)

General Medical Council (GMC) v Aliu [2018] EWHC 3660 (Admin) (26 November 2018)

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

Citation
[2018] EWHC 3660 (Admin)
Parties
Claimant/applicant/respondent: Dr Aliu; Defendant/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 Regulatory Proceedings / Judicial Review (original Jurisdiction) / Interim Order Challenge and Extension Application
Outcome
Application by Dr Aliu to lift the interim suspension order dismissed; GMC's application to extend the interim suspension order granted.
Legal Topics
Interim Suspension of Medical Practitioner, Fitness to Practise, Proportionality of Regulatory Orders, Judicial Approach to Interim Orders, Public Interest in Medical Regulation
Medical Law Administrative Law Professional Regulation Interim Suspension of Medical Practitioner Fitness to Practise Proportionality of Regulatory Orders Judicial Approach to Interim Orders Public Interest in Medical Regulation

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Parties

Dr Aliu

Claimant/applicant/respondent

General Medical Council

Defendant/applicant

The Mid Yorkshire Hospitals NHS Trust

Proposed Defendant (not a Party)

Procedural Posture

Medical Regulatory Proceedings / Judicial Review (original Jurisdiction) / Interim Order Challenge and Extension Application

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

Ratio Decidendi

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

Court Disposition

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

Orders

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