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  5. Voluntary removal applications
  6. Introduction
Voluntary removal applications

Introduction

  1. A physician associate (PA) or anaesthesia associate (AA) who is registered with the General Medical Council (GMC) may apply to be removed from the register at any time. This is known as making an application for voluntary removal (VR) from the register.  

  2. Where an unresolved fitness to practise concern1 has led to an allegation being referred to be determined by an Associates Tribunal (AT) at a hearing and the hearing has commenced, the AT will be required to make a decision on whether to grant the voluntary removal application. Where a VR application is referred to the AT, they must first decide what stage of the ongoing proceedings should be reached before it is appropriate for them to consider the VR application.  

  3. In all cases, a VR application cannot be considered until the hearing has commenced. Following this, it will usually be appropriate to consider a VR application once findings of fact have been made. However, where there are exceptional circumstances, an AT may decide it is more proportionate to consider a VR application before making findings of fact.  

  4. When deciding whether to grant or refuse a VR application, the AT will need to decide if removal at this time is consistent with their role to protect the public.  

  5. Public protection means acting in a way that: 
    • protects, promotes and maintains the health, safety and wellbeing of the public (patient safety) 
    • promotes and maintains public confidence in the profession (public confidence), and 
    • promotes and maintains proper professional standards and conduct for members of the profession (professional standards).

    This legal duty is explained in more detail in the section Protecting the public in the Guidance for MPTS tribunals (PAs and AAs). 

  1. In all cases, granting an application for VR, even where there is an unresolved concern, will achieve patient safety because the PA or AA will no longer hold GMC registration and so will not be able to practise in the UK or in other jurisdictions that require them to hold GMC registration.  

  2. However, as public protection is wider than just patient safety considerations, in some cases the GMC and MPTS’ ability to maintain and promote public confidence and professional standards will be undermined if the fitness to practise process is not progressed.  

  3. A good decision about a PA or AA’s fitness to practise should protect the public, be proportionate, be transparent and be fair. In the context of making decisions on VR, to be proportionate, the AT will need to weigh and balance the relevant considerations to inform their view on whether VR, at a specific stage of the hearing, will achieve public protection. The AT also needs to satisfy themselves that any grant or refusal of a VR application is the most proportionate outcome. 

  4. The purpose of this guidance is to support fair and consistent decision making by ATs when deciding what stage of the ongoing proceedings should be reached before it is appropriate for them to consider a VR application from a PA or AA, and whether to grant or refuse a VR application.  

1An unresolved concern is where a fitness to practise initial assessment is ongoing or where a case has been referred to the Case Examiners or referred to an Associates Tribunal (AT) hearing and there has been no outcome yet. Where there has been a previous finding on impairment and/or a final measure of conditions or suspension is currently in effect on the PA or AA’s registration, and there are no new concerns or allegations under consideration, there will not be an unresolved concern and so any application for VR will usually be decided by a GMC decision maker.