Goodchild-Simpson v General Medical Council
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE GREEN
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
Dr Goodchild-Simpson, subject to GMC regulatory interventions since 1994, appealed against a 9-month suspension imposed by the Fitness to Practise Panel in 2013. The High Court upheld the Panel's decision, emphasizing deference to expert tribunals and the primacy of public safety in sanction judgments. Key issues involved the fairness of sample selections for performance assessment and the appropriateness of suspension over conditional registration.
Judgment
Mr Justice Green :
Introduction
The Appellant, Dr Goodchild-Simpson, appeals as of right pursuant to section 40 of the Medical Act 1983 (“MA 1983”). He appeals against the determination of the Fitness to Practise Panel (“the FPP”) of the Medical Practitioners Tribunal Service of the General Medical Council (“GMC”) of 22 nd August 2013 to suspend his registration for a period of 9 months.
The jurisdiction of the High Court pursuant to section 40 MA 1983 is well known. Such appeals are by way of re-hearing. However this does not mean that the court will re-try the merits of the case de novo : see Rose Moseka v Nursing and Midwifery Council [2014] EWHC 846 (Admin) at paragraphs [21]-[22]. When exercising its jurisdiction the High Court will bear fully in mind that some deference will be paid to the fact that the lower court or body is an expert tribunal whose membership is selected for its experience in the subject matter of the matters before it. The High Court will recognise that the lower court or tribunal has had the benefit of hearing and seeing the witnesses and is therefore in a better position to judge their credibility and reliability than is the appellate court.
Relevant Facts
The Appellant has been subject to GMC regulatory intervention since 1994. During his period of registration he has been subject to periodic sanctions including a period of indefinite suspension in 1997. He first came to the attention of the GMC in May 1994 when information was tendered suggesting that the Appellant’s fitness to practise might be seriously impaired. He was invited to be medically examined and was, thereafter, referred to the Health Committee in consequence of him refusing to accept the recommendations of medical examiners.
Throughout 1995-1997 he was subject to a series of fitness to practise investigations each of which found his fitness to be seriously impaired. He was subject to periodic 12 month suspensions in February 1995 and in February 1996. He was subject to an indefinite suspension in February 1997. Similar findings of serious impairment were made in September 2001, September 2002, October 2003 and October 2004. Following these investigations he was subject to periods of conditions. In November 2006 his fitness to practise was found to be impaired by reason of adverse mental health and he was subjected to 18 months conditions. Further fitness to practise hearings were convened in May 2008, November 2009 and July 2011. These found