Step 2b: decide how long the interim measure should be imposed for
The length of an interim measure
- When first imposing an interim measure, the tribunal must specify the length of time for which it is to remain in force.12 A tribunal may impose an interim measure for up to 18 months.13
- When considering the length of time an interim measure 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 associates tribunals (AT). For interim measures imposed during an AT hearing or AT review hearing process, it will include the time needed to complete that process.
- To be proportionate when deciding the length of an interim measure, the tribunal must consider the impact of the specific type of measure to be imposed on the PA or AA, whilst still being mindful of the time needed to complete the fitness to practise process. As conditions do not prevent the PA or AA from working, a longer period may be justified compared to suspension. This is because suspension has a greater impact on the PA or AA’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 tribunals decision on what interim measure to impose
- To enable the PA or AA to understand the outcome, the tribunal should give clear and adequate reasons for its decision on which type of interim measure 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.
12 Article 11(2) of the Order.
13 Article 11(3) of the Order.