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Interim orders tribunal hearings

Step 2b: decide how long the interim order should be imposed for

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The length of an interim order

  1. When first imposing an interim order, the tribunal must specify the length of time for which it is to remain in force. A tribunal may impose an interim order for up to 18 months.5

  2. When considering the length of time an interim order should be imposed for, the time needed to complete the whole fitness to practise process is a relevant consideration. This will include the time needed by the GMC to gather evidence to fully assess the concern and the time needed for an allegation to potentially be listed and concluded before an medical practitioners tribunal (MPT). For interim orders imposed during an MPT hearing or MPT review hearing process, it will include the time needed to complete that process.

  3. To be proportionate when deciding the length of an interim order, the tribunal must consider the impact of the specific type of order to be imposed on the doctor, whilst still being mindful of the time needed to complete the fitness to practise process. As conditions do not prevent the doctor from working, a longer period may be justified compared to suspension. This is because suspension has a greater impact on the doctor’s ability to work and demonstrate they can practise safely and effectively, including showing they have kept their knowledge and skills up to date.

The tribunal’s decision on what interim order to impose

  1. To enable the doctor to understand the outcome, the tribunal should give clear and adequate reasons for its decision on which type of interim order is proportionate and necessary to impose, and the length. In doing so, the tribunal should explain how their decision relates to any submissions received from the parties.

5 Section 41A(1) of the Medical Act 1983 (as amended).