General introduction
- 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.
- The GMC may refer a matter for consideration by an interim measures tribunal (IMT). At an IMT hearing, the role of the IMT is to consider whether it is necessary for a Physician Associate or Anaesthesia Associate’s (PA or AA’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 PA or AA’s fitness to practise are considered. An IMT can also put an interim measure in place in a PA or AA’s own interests, although this is less common.
- At the end of an investigation, the GMC may refer a case to an associates tribunal (AT) hearing. At an AT hearing, the role of the AT is to consider whether the allegations presented against the PA or AA by the GMC are proved and if so, whether the PA or AA’s fitness to practise is impaired as a result. The AT will also decide, based on the proven allegations, what action, if any, is needed to protect the public. If the PA or AA’s fitness to practise is found to be impaired, a final measure of conditions, suspension or removal may be required. Where the PA or AA’s fitness to practise is found not to be impaired, in some instances a warning may be given to protect the public.
- This guidance should be used by tribunals to support consistent decision making and to ensure that their decisions meet the requirement 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.
- This guidance is for use by MPTS tribunals. It will also be of assistance to:
- PA or AAs whose cases are referred to the MPTS, and
- Barristers or solicitors who represent PA or AAs or the GMC.