GMC Investigation Legal Advice

The Importance of Early Legal Support for Doctors at IOT Hearings

At Berri’s Law, we have recently represented a doctor facing an IOT hearing. By intervening early, preparing a panoptic and comprehensive case, and guiding our client through each step, we successfully argued for the imposition of conditions rather than a suspension.

This outcome allowed the doctor to continue practising while the investigation proceeded, a result that preserved both their professional future and patient care.

This case highlighted a growing concern in the legal and medical professions and served as a poignant reminder that doctors facing General Medical Council (GMC) hearings should always seek counsel and legal representation.

Understandably, when a doctor is notified of a GMC investigation, the impact on their career, reputation, and wellbeing can be profound.

The process is rigorous, intrusive, often lengthy, and can lead to serious interim measures (including suspension or practice restrictions), long before any resolution is reached.

In this high-stakes environment, seeking specialist legal advice at the earliest possible stage is not just prudent; it is vital, and can frequently prove to be the difference between continuing your medical career under manageable conditions and facing the prospect of livelihood-disrupting suspension.

Why does early legal advice matter?

GMC investigations are multifaceted and can last well over a year, especially if referred to the Medical Practitioners Tribunal Service (MPTS) for a hearing.

During this period, the GMC may refer a doctor to an Interim Orders Tribunal (IOT) if it believes there is an immediate risk to patient safety or public confidence.

The IOT can impose interim conditions or suspend a doctor’s registration while the investigation continues, a decision that can have imminent and lasting ramifications on a doctor’s income, professional integrity, and future practice.

Legal advice at this stage is vital for several reasons:

Procedural Complexity: The rules and procedures governing IOT hearings are stringent, uncompromising and nuanced. Expert legal advice helps doctors navigate these intricacies, avoid technical pitfalls, and ensure their rights are protected throughout the process.
Effective Representation: The GMC’s case is always presented by a specialist barrister or solicitor. Doctors without legal representation are at a particular disadvantage. A dexterous legal advocate can oppose and challenge evidence, present mitigating factors, and argue persuasively for conditions rather than suspension.
Strategic Preparation: Early engagement allows for thorough preparation of written and oral submissions, gathering of supporting evidence, and development of a robust defence strategy. This can considerably influence the tribunal’s decision and may even lead to early resolution or reduction in the severity of allegations.
Minimising Impact: Interim orders can last up to 18 months and are often extended, given the protracted nature of investigations. Early legal intervention can help secure manageable conditions, rather than outright suspension, enabling doctors to continue practising and maintaining professional stability.

GMC investigations and IOT hearings are daunting, with the potential for long-term professional consequences.

Early legal intervention can mean the difference between suspension and continued practice, and can dramatically influence the outcome of the investigation.

If you are facing a GMC investigation or have received notice of an IOT hearing, do not delay. Contact us to seek specialist legal advice immediately and safeguard your career, reputation, and future in medicine.

Official guidance from the MPTS is unequivocal and can be found here: dc15366—resource-for-doctors—iot-hearings_pdf-91723999.pdf