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

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

The Panel erred in finding impairment based on deficiencies in audit and appraisal, which were not particularised in the notice of hearing. This breached both the GMC procedural rules and principles of natural justice. The appeal is allowed and the finding of impairment is quashed.

Parties
Claimant: Riad Roomi; Defendant: General Medical Council
Jurisdiction
England and Wales
Judgment Date
10 July 2009
Procedural Posture
Judicial Review / Statutory Appeal / Appeal From Fitness to Practise Panel Decision
Outcome
Appeal allowed; finding of impairment quashed; conditions removed; costs to claimant subject to assessment unless agreed.
Legal Topics
Procedural Fairness, Notice of Allegation, Natural Justice, Fitness to Practise, Professional Misconduct
Administrative Law Medical Law Professional Regulation Procedural Fairness Notice of Allegation Natural Justice Fitness to Practise Professional Misconduct

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Parties

Riad Roomi

Claimant

General Medical Council

Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Appeal From Fitness to Practise Panel Decision

Legal Issues

  1. 1 Whether the Fitness to Practise Panel erred by finding impairment based on matters not particularised in the notice of hearing
  2. 2 Whether the Panel breached rules of natural justice and procedural fairness by relying on audit/appraisal deficiencies not pleaded
  3. 3 Whether the marking and assessment process for practical skills was fair

Ratio Decidendi

The Panel erred in finding impairment based on deficiencies in audit and appraisal, which were not particularised in the notice of hearing. This breached both the GMC procedural rules and principles of natural justice. The appeal is allowed and the finding of impairment is quashed.

Court Disposition

Appeal allowed; finding of impairment quashed; conditions removed; costs to claimant subject to assessment unless agreed.

Orders

  • Finding of impairment and deficiency quashed
  • Conditions on registration removed