GMC Restoration
Erasures that follow an MPTS tribunal are referred to as “disciplinary erasures”, as distinct from administrative or voluntary erasures.
If a doctor is erased from the GMC’s Register due to disciplinary reasons, they can apply for restoration after five years. Restoration applications, that are reviewed by the Medical Practitioners Tribunal Service (MPTS), is complex, requiring the doctor to demonstrate they are fit to practice without restrictions.
GMC Restoration – Determinative Factors
A study[1] of doctors who were erased following disciplinary erasures between 2012 and 2020, found that:
- In 5 (of 53) of those refused restoration, the tribunal suspended indefinitely the right to make further applications.
- The most frequent reasons for refusal were failure to demonstrate insight (seen in 96%), failure to demonstrate remediation (seen in 79%), and failure to demonstrate that knowledge and skills were up-to-date.
- Success was more common in UK graduate applications than non-UK graduate applications and in those legally represented than in those without legal representation
Key findings of the research showed that:
- Successful applicants were often those who had strong evidence of remediation and insight.
- Legal representation was associated with higher success rates.
- A significant portion of successful applications involved doctors erased for dishonesty, while unsuccessful applications commonly lacked insight or remediation.
Suspending indefinitely the right to make restoration applications
If a doctor makes two unsuccessful applications, the right to make further applications can be suspended indefinitely by the tribunal that considers the doctor’s most recent restoration application.
A doctor can apply for the suspension to be reviewed by a tribunal after three years have elapsed from the date of the decision to suspend indefinitely the right to apply. If the suspension is not lifted the doctor can apply again to have it lifted after a further three years.
The substantial advantage and benefits of legal representation should be clear. This should be further reinforced by the power to indefinitely suspend the right to make restoration applications following to two unsuccessful applications.
[1] https://pmc.ncbi.nlm.nih.gov/articles/PMC7924099/#sec2-0025817220960605
Restoration Courses
Courses suitable for any health and social care practitioner who is considering making an application for restoration back onto the register.
Insight & Remediation
Courses that are suitable for any healthcare practitioner who is facing an investigation or hearing at work or before their regulatory body.
Probity, Ethics & Professionalism
Courses designed for those facing an investigation involving in part or in whole honesty, integrity and professionalism.
Kings View Chambers
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Doctors should seek expert legal advice at the earliest possible opportunity when considering a restoration application because setting the correct strategy from the outset is crucial to good outcomes. This is particularly the case for insight and remediation because remediation is often a long process.
Recent case examples:
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.
