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  6. Step 1 decide if an interim order remains necessary
Interim orders tribunal hearings

Step 1: decide if an interim order remains necessary

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Does an interim order remain necessary?

  1. When reviewing an interim order, the interim order tribunal (IOT) is not making findings of fact, resolving disputes of fact, or deciding whether the doctor’s fitness to practise is impaired. The role of the IOT is to consider the information available and decide whether an interim order remains necessary. 

  2. However, during an medical practitioners tribunal (MPT) hearing, the MPT may have already heard evidence or made factual findings at the point they are considering whether an interim order remains necessary. The need for an interim order should be assessed by considering all relevant information, including information arising from the specific stage of the hearing that the case is at. 

  3. The role of a tribunal when reviewing an interim order is not to reconsider the decision made by the tribunal that made the initial, or previous, order. Where there has been no change in circumstances or new information submitted by the parties, the reviewing tribunal will maintain the existing order. 

  4. Whether an interim order remains necessary will depend on the individual circumstances of the case and is a matter for the tribunal’s judgment. The tribunal should provide reasons for their decision, and in doing so explain how it relates to any submissions made by the parties. 

  5. Where a tribunal or tribunal chair is reviewing an interim order on the papers, the parties will agree about whether an interim order remains necessary. The tribunal or tribunal chair will need to satisfy themselves of the parties’ assessment that an interim order remains necessary or that the existing order should be revoked. If they are not satisfied, or insufficient information has been provided, the tribunal or tribunal chair must direct that a hearing should be held.