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

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

The use of 'medical professionals' in GMC guidance does not constitute a positive statement of law, nor does it induce unlawful conduct under the Medical Act 1983. The GMC acted within its statutory discretion to promote public safety by issuing common standards guidance for doctors and associates. The decisions were rational, reasonable, and did not frustrate statutory objectives. The claim fails on all grounds.

Parties
Claimant: British Medical Association; Defendant: General Medical Council; Interested Party: The Faculty of Physician Associates; Interested Party: The Royal College of Physicians; Interested Party: The Association of Anaesthesia Associates; Interested Party: The Royal College of Anaesthetists; Interested Party: Anaesthetists United (AU); Interested Party: NHS England
Jurisdiction
England and Wales
Judgment Date
17 April 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
Statutory Interpretation, Professional Regulation, Public Safety, Judicial Review, Delay, Irrationality
Administrative Law Health Law Regulatory Law Statutory Interpretation Professional Regulation Public Safety Judicial Review Delay +1 more

Case Brief

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Parties

British Medical Association

Claimant

General Medical Council

Defendant

The Faculty of Physician Associates

Interested Party

The Royal College of Physicians

Interested Party

The Association of Anaesthesia Associates

Interested Party

The Royal College of Anaesthetists

Interested Party

Anaesthetists United (AU)

Interested Party

NHS England

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the use of the term 'medical professionals' in Good Medical Practice guidance is unlawful under the Medical Act 1983 and Anaesthesia Associates and Physician Associates Order 2024
  2. 2 Whether the promulgation of common professional standards guidance for doctors and associates is contrary to statutory objectives of public protection
  3. 3 Whether the GMC acted irrationally in issuing unitary guidance and using umbrella terminology

Ratio Decidendi

The use of 'medical professionals' in GMC guidance does not constitute a positive statement of law, nor does it induce unlawful conduct under the Medical Act 1983. The GMC acted within its statutory discretion to promote public safety by issuing common standards guidance for doctors and associates. The decisions were rational, reasonable, and did not frustrate statutory objectives. The claim fails on all grounds.

Court Disposition

claim dismissed

Orders

  • Permission for judicial review granted
  • Claim dismissed on all grounds