Patel, R (on the application of) v General Medical Council

Patel, R (on the application of) v General Medical Council

The GMC gave the appellant a clear, unequivocal assurance that his IUHS qualification would be recognised if completed within a reasonable time. The GMC failed to consider the impact of its policy change on those already committed to such courses and did not justify immediate refusal without transitional provisions. The GMC is not entitled to go back on its assurance; it must recognise the appellant's qualification.

Parties
Appellant: Dr. Sailesh Patel; Respondent: General Medical Council
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Legitimate Expectation, Fettering of Discretion, Recognition of Overseas Qualifications, Retrospective Policy Changes, Procedural Fairness
Administrative Law Medical Regulation Public Law Legitimate Expectation Fettering of Discretion Recognition of Overseas Qualifications Retrospective Policy Changes Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Dr. Sailesh Patel

Appellant

General Medical Council

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the GMC unlawfully fettered its discretion in defining 'acceptable overseas qualification' by rigid criteria
  2. 2 Whether the GMC's retrospective change in criteria was irrational or arbitrary
  3. 3 Whether the GMC's refusal to recognise the appellant's qualification breached legitimate expectation

Ratio Decidendi

The GMC gave the appellant a clear, unequivocal assurance that his IUHS qualification would be recognised if completed within a reasonable time. The GMC failed to consider the impact of its policy change on those already committed to such courses and did not justify immediate refusal without transitional provisions. The GMC is not entitled to go back on its assurance; it must recognise the appellant's qualification.

Court Disposition

Appeal allowed

Orders

  • GMC must recognise the appellant's PMQ for purposes of the Medical Act 1983
  • Relief granted is specific to the appellant