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England and Wales decisions
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Ahmedsowida v General Medical Council [2025] EWHC 823 (Admin) (07 April 2025)
The High Court dismissed a doctor’s appeal against a 12-month suspension by the GMC tribunal, holding that the findings on impairment and sanction were not wrong.
The appeal against the suspension decision is allowed and the matter remitted for reconsideration because the MPT made a finding of dishonesty against Dr Sengupta regarding her emails to Dr Gee without proper notice or basis, and wrongly refused to allow her to adduce further evidence on the suspension application, amounting to serious procedural irregularity. Permission to claim judicial review of the restoration refusal is refused because, even discounting the flawed dishonesty finding, the MPT would inevitably have refused restoration on the basis of competence and integrity concerns.
Source excerpt
The panel's findings on risk of repetition and insight were irrational and inconsistent with its own factual findings, particularly MDR's ongoing lack of insight and repeated dishonesty. The panel erred in concluding that public protection did not require a finding of impairment on all statutory grounds. The sanction of a warning was inadequate and based on flawed reasoning; the matter must be remitted for reconsideration of sanction.
Source excerpt
Professional Standards Authority for Health and Social Care v Nursing and Midwifery Council & Anor [2024] EWHC 691 (Admin) (26 March 2024)
The High Court allowed a PSA appeal against an NMC sanction decision, finding errors in the assessment of dishonesty and public protection, but remitted sanction for reconsideration.
Sengupta v General Medical Council [2023] EWHC 1302 (Admin) (31 May 2023)
Appeal from the Medical Practitioners Tribunal over restoration to the medical register and an indefinite suspension of further applications was dismissed.
Raychaudhuri v General Medical Council [2018] EWCA Civ 2027 (14 September 2018)
Court of Appeal held section 40A let the GMC appeal a no-impairment finding, but restored the MPT’s no-dishonesty decision and quashed the High Court’s substitution.
General Medical Council v Stone [2017] EWHC 2534 (Admin) (13 October 2017)
The High Court allowed the GMC’s appeal and ordered erasure of a doctor who had a prolonged sexual relationship with a vulnerable patient and acted dishonestly.
The High Court allowed the GMC’s appeal, quashed a 12-month suspension, and substituted erasure for a GP who had a sexual relationship with a vulnerable patient and acted dishonestly.
Bale v The General Medical Council [2017] EWHC 804 (Admin) (15 March 2017)
The High Court allowed Dr Bale’s appeal against a medical tribunal decision, holding that dishonesty and perjury findings were not justified, though conduct still fell below professional standards.
Okpara v Nursing and Midwifery Council [2016] EWHC 1058 (QB) (10 May 2016)
High Court appeal against an NMC striking-off order dismissed. The court upheld the review panel’s finding of persistent lack of insight and dishonesty.
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