Foy-Yamah v General Medical Council [2025] EWHC 2846 (Admin) (31 October 2025)

Foy-Yamah v General Medical Council [2025] EWHC 2846 (Admin) (31 October 2025)

The High Court found that the Tribunal did not err in its assessment of Ms A's credibility, gave adequate reasons, and did not misapply the burden of proof or commit serious procedural irregularities. The Tribunal's findings on the Bedroom and Sofa Incidents, including the assessment of reasonable belief in consent, were within the generous ambit of reasonable disagreement and not perverse. The sanction of suspension, rather than erasure, was within the Tribunal's discretion given the circumstances and did not undermine public confidence or standards. Both appeals were dismissed.

Citation
[2025] EWHC 2846 (Admin)
Parties
Appellant/respondent: Doctor Aloaye Foy-Yamah; Respondent/appellant: The General Medical Council
Jurisdiction
England and Wales
Judgment Date
31 October 2025
Procedural Posture
Statutory Appeal Under Medical Act 1983, S.40 and S.40 a (cross Appeals) / High Court Judgment on Appeal From Medical Practitioners Tribunal Service
Outcome
Both appeals dismissed. Tribunal's findings and sanction upheld.
Legal Topics
Statutory Appeals, Sexual Misconduct, Professional Misconduct, Sanctions in Professional Regulation, Procedural Fairness, Burden of Proof, Credibility Assessment
Medical Law Professional Discipline Administrative Law Statutory Appeals Sexual Misconduct Professional Misconduct Sanctions in Professional Regulation Procedural Fairness +2 more

Case Brief

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Parties

Doctor Aloaye Foy-Yamah

Appellant/respondent

The General Medical Council

Respondent/appellant

Procedural Posture

Statutory Appeal Under Medical Act 1983, S.40 and S.40 a (cross Appeals) / High Court Judgment on Appeal From Medical Practitioners Tribunal Service

Legal Issues

  1. 1 Whether the Tribunal erred in finding Dr Foy had a reasonable belief in consent during the Bedroom and Sofa Incidents
  2. 2 Whether the Tribunal erred in relying on Ms A's credibility given inconsistencies and proven dishonesty
  3. 3 Whether there were serious procedural irregularities affecting fairness (medical records, burden of proof, transcripts)

Ratio Decidendi

The High Court found that the Tribunal did not err in its assessment of Ms A's credibility, gave adequate reasons, and did not misapply the burden of proof or commit serious procedural irregularities. The Tribunal's findings on the Bedroom and Sofa Incidents, including the assessment of reasonable belief in consent, were within the generous ambit of reasonable disagreement and not perverse. The sanction of suspension, rather than erasure, was within the Tribunal's discretion given the circumstances and did not undermine public confidence or standards. Both appeals were dismissed.

Court Disposition

Both appeals dismissed. Tribunal's findings and sanction upheld.

Orders

  • Appeals by Dr Foy and the GMC dismissed
  • Sanction of 12-month suspension with review affirmed