Applications by a doctor to present their case remotely
- In medical practitioners tribunal (MPT) hearings, the hearing venue will have been decided during the pre-hearing case management stage by the MPTS applying the guidance Deciding how to hold medical practitioners tribunal hearings, considering any submissions made by the parties and the needs of hearing participants.
- Where a doctor’s hearing has been arranged to take place at the MPTS hearing centre, it is expected that their case will be presented in person. There may, however, be circumstances where a doctor wants to request to present their case remotely for some, or all, of the hearing where circumstances have changed. Where this is the case, an application should be made to the MPTS in advance of the hearing starting.
- An application by a doctor to present their case remotely should only be considered by an medical practitioners tribunal during a hearing where there has been a material change in circumstances and any change to the venue can be made without injustice or undue disruption.
- Where a doctor makes an application to present their case remotely after an medical practitioners tribunal (MPT) hearing has started, the MPT should consider all relevant circumstances along with the principles relating to changing hearing venue set out in the guidance Deciding how to hold medical practitioners tribunal hearings. Both parties must be given the opportunity to make representations before the MPT reaches a decision on the doctor’s application.
- The medical practitioners tribunal (MPT) must decide whether allowing the doctor to present their case remotely is in the interests of justice and is a proportionate and workable adjustment in view of the material change of circumstances in the case.
- In making their decision, the medical practitioners tribunal must consider whether the proposed method of remote case presentation, such as video link, telephone or written correspondence, could be disruptive to proceedings, cause unnecessary distress to witnesses and/or result in the hearing not concluding within its allocated listing dates.
- When considering the unplanned use of remote case presentation, the medical practitioners tribunal should consider any potential practical issues, including, but not limited to whether the doctor has access to an appropriate device and suitable internet connection, and any impact on the use and circulation of relevant documents by the parties.
- The medical practitioners tribunal (MPT) should also consider how they will effectively case manage proceedings if they were to agree to a change to how the doctor appears at the hearing.
- If the MPT agrees the application, they must clearly identify the circumstances which justify allowing the doctor to conduct their case in this way. They should confirm how the doctor’s engagement will occur and how the hearing will proceed if engagement is not as expected.