Key Facts
- •Dr. Roach, a trainee GP, was accused of sexually motivated misconduct towards patient A (PA).
- •The MPTS Tribunal found several allegations proven, including removing PA's bra and massaging her breasts during an unbooked home visit.
- •The Tribunal's decision resulted in Dr. Roach's erasure from the medical register.
- •Dr. Roach appealed the Tribunal's fact-finding, impairment, and sanction decisions.
- •The High Court heard the appeal as a rehearing, re-analysing the evidence without live witnesses.
Legal Principles
The overarching objective of the GMC is the protection of the public.
Medical Act 1983, Section 1(1A)
FTP proceedings aim to protect the public, looking forward, not back; past actions are considered to assess current fitness to practice.
GMC v Meadow [2006] EWCA Civ. 1390
Appeals under Section 40 of the Medical Act 1983 are rehearings, allowing re-analysis of evidence but generally not live evidence.
CPR Part 52 and PD52D
Three gateways for overturning a Tribunal's decision: insufficient reasons, Wednesbury unreasonableness, and 'wrong' (neither of the above).
Byrne v GMC [2021] EWHC 2237, R (Dutta) v GMC [2020] EWHC 1974 (Admin), Jagjivan [2017] 1 WLR 4438
Appellate courts should show deference to the Tribunal's expertise, especially regarding credibility assessments, but deference is not absolute.
Raschid v GMC [2007] EWCA Civ. 46, GMC v Jagjivan [2017] 1 WLR 4438, Ghosh v GMC [2001] UKPC 29
In sexual misconduct cases, deference to the Tribunal may be less, and the appellate court's disadvantage in assessing credibility is lessened when considering inferences.
Grizzly Business v Stena Drilling [2017] EWCA Civ. 94
The standard of proof is the balance of probabilities; seriousness of allegations doesn't raise the standard, but may affect the quality of evidence needed.
Byrne v GMC [2021] EWHC 2237
To overturn a fact-finding, the appellate court must find the decision 'wrong' because the Tribunal's finding exceeds the 'generous ambit' of reasonable disagreement.
R (Dutta) v GMC [2020] EWHC 1974 (Admin)
On appeal, the court must consider whether the Tribunal's decision was one that no reasonable Tribunal could have reached.
Perry v Raleys [2019] UKSC 5
Outcomes
Appeal dismissed.
The High Court found the Tribunal's decision to accept PA's evidence and reject Dr. Roach's was not wrong or based on serious procedural unfairness. While acknowledging inconsistencies in PA's testimony, the Court found the core allegations were supported by sufficient evidence and that Dr. Roach's evidence was undermined by his own actions and lack of contemporaneous notes.