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  6. Absence of the PA or AA
Procedural matters relating to tribunal hearings

Absence of the PA or AA

  1. Where a PA or AA does not attend and is not represented for all or part of their hearing, the tribunal will need to decide whether to proceed in the absence of the PA or AA.19

  2. The tribunal will need to be satisfied that all reasonable efforts have been made to serve the PA or AA 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 PA or AA’s registered address by post
    • using the PA or AA’s email address, or
    • at an alternative address by post where there is clear information to indicate that is where the PA or AA 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 PA or AA’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 PA or AA. To decide this, they will consider all information available, including whether the reasons for the hearing have been clearly communicated to the PA or AA by the GMC.

  3. Where notice of the hearing has been served on a PA or AA, the onus is on the PA or AA 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 PA or AA 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 PA or AA’s attendance.

  4. Where a PA or AA 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 PA or AA’s intention and ability to be present within a reasonable timeframe. Virtual attendance at hearings will be accommodated, but it will be for the PA or AA to arrange with the prison to facilitate this.

  5. Where there is information available that a PA or AA 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 PA or AA, 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 PA or AA to consider whether to attend the hearing at the next stage.

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

19 Rule 40.