||All England Reporter
|| All ER (D) 212 (Jan)
||The appellant appeared in person.
||Kate Gallafent (instructed by the General Medical Council) for the respondent.
||25 January 2005
Medical practitioner - Suspension - Unfitness to practise - Refusal to submit to psychological examination - Indefinite suspension.
It was settled law that when it came to questions of professional competence the views of the General Medical Council's Health Committee were to be accorded the very greatest of weight. The court should never have acted unless it was plain that in all the circumstances the decision of the HC was clearly wrong. In the instant case, the HC had acted proportionately by directing the indefinite suspension of the appellant. The appellant had persistently refused to comply with the GMC's fitness to practice procedure in failing to submit himself to a psychological examination. Owing to that recalcitrance the GMC could not have ensured public safety by placing conditions on the appellant's registration.
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