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  6. General introduction
Guidance introduction

General introduction 

  1. MPTS tribunals make decisions on matters referred to them by the General Medical Council (GMC). Tribunals should be clear on the decision(s) they are required to make and the relevant legal tests that apply to each of them. 

  2. The GMC may refer a matter for consideration by an interim orders tribunal (IOT). At an IOT hearing, the role of the IOT is to consider whether it is necessary for a doctor’s registration to be restricted on an interim basis, either by imposing conditions or suspension on their registration. This is mostly done to protect the public or in the public interest while concerns about a doctor’s fitness to practise are considered. An IOT can also put an interim order in place in a doctor’s own interests, although this is less common. 

  3. At the end of an investigation, the GMC may refer a case to a medical practitioners tribunal (MPT) hearing. At an MPT hearing, the role of the MPT is to consider whether the allegations presented against the doctor by the GMC are proved and if so, whether the doctor’s fitness to practise is impaired as a result. The MPT will also decide, based on the proven allegations, what action, if any, is needed to protect the public. If the doctor’s fitness to practise is found to be impaired, a sanction of conditions, suspension or erasure may be required. Where the doctor’s fitness to practise is found not to be impaired, in some instances a warning may be given to protect the public.  

  4. This guidance should be used by tribunals to support consistent decision making and to ensure that their decisions meet the overriding objective of the MPTS to deal with cases fairly and justly. This includes acting in a way that is proportionate, transparent and fair. Tribunals should ensure that they refer to the relevant part of the guidance when reaching their decision(s). They may also find other parts of the guidance helpful to look at to ensure they understand the context of the matter before them and, where applicable, any decisions made previously. 

  5. This guidance is for use by MPTS tribunals. It will also be of assistance to: 
    • Doctors whose cases are referred to the MPTS,
    • Barristers or solicitors who represent doctors or the GMC, and
    • Tribunal chairs reviewing matters on the papers.