NH v. GENERAL MEDICAL COUNCIL

United Kingdom

08.09.2016

Civil

Court may terminate an order made by Tribunal only if it considers that order was wrong

Claimant is a trainee doctor who, at a hearing held in private before Interim Orders Tribunal ("IOT") of Medical Practitioners' Tribunal Service ("MPTS") on 5 April 2016, was made subject to an interim order of suspension for 18 months under Section 41A of Medical Act, 1983. He has been charged in criminal proceedings with offences of false imprisonment and assault.

Court may terminate an order made by the IOT if and only if it considers that order was wrong. As in many areas of public law this court must give appropriate weight to the decision of the tribunal. Sole ground in support of the continued suspension from registration is that it is in the public interest to maintain confidence in the profession.

Allegations in this case involve serious criminal offences. As an adult and a trainee doctor, Claimant is said to have lent himself to a joint enterprise in which his younger sister, a minor, was held captive for a substantial period of time and was assaulted by others in family group. All it is said because she had behaved in a way which family found to be inappropriate and likely to cause them dishonour. In addition, this claimant is said to have obtained for her and given to her the morning after pill which he ordered that she should take. Allegations are of such a nature and are sufficiently serious to warrant interim suspension better to maintain public confidence in the medical profession. Order for interim suspension continues.

Tags : Criminal Proceedings Interim suspension Public confidence

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