1. Home
  2. Parties and representatives
  3. Guidance for tribunals
  4. Tribunal guidance for doctors hearings
  5. Procedural matters relating to tribunal hearings
  6. Absence of the doctor
Procedural matters relating to tribunal hearings

Absence of the doctor

  1. Where a doctor does not attend for all or part of their hearing, the tribunal will need to decide whether to proceed in the absence of the doctor.12

  2. The tribunal will need to be satisfied that all reasonable efforts have been made to serve the doctor with notice of the hearing. When considering this issue, the tribunal will refer to any relevant documents, including a service bundle if one is available. All reasonable efforts may include service:
    • at the doctor’s registered address by post
    • using the doctor’s email address, or
    • at an alternative address by post where there is clear information to indicate that is where the doctor is residing. 
  1. It is unlikely to be reasonable to expect further efforts to serve notice to be carried out beyond this as it is the doctor’s responsibility to keep their registered address up to date with the GMC.

  2. If the tribunal is satisfied that all reasonable efforts have been made to serve notice, they will go on to decide whether it is appropriate to proceed in the absence of the doctor. To decide this, they will consider all information available, including whether the reasons for the hearing have been clearly communicated to the doctor by the GMC.

  3. Where notice of the hearing has been served on a doctor, the onus is on the doctor to take steps to attend the hearing and arrange representation if they wish to do so. The tribunal should be mindful that although attendance by the doctor at their hearing is important, it cannot be determinative due to the adverse impact on the effective and efficient running of hearings. Tribunals will be required to ensure fairness to proceedings, irrespective of the doctor’s attendance.

  4. Where a doctor is not in attendance at a hearing due to them being a serving prisoner, the tribunal may wish to balance the need to proceed with the hearing in the public interest and the doctor’s intention and ability to be present within a reasonable timeframe. Virtual attendance at hearings will be accommodated, but it will be for the doctor to arrange with the prison to facilitate this. 

  5. Where there is information available that a doctor is not in attendance due to the impact of a health condition, the tribunal may wish to consider if an adjournment would be appropriate.

  6. If the tribunal decides to proceed in the absence of the doctor, they do not need to review this decision again. There is no requirement for the tribunal to pause the hearing at any specific stage in the proceedings to allow the doctor to consider whether to attend the hearing at the next stage. 

  7. Whilst tribunal decisions will be circulated to an absent doctor, there is no need for the tribunal to allow time for the absent doctor to respond.

12 Rule 31.