Source: All England Reporter
Publisher Citation: [2005] All ER (D) 212 (Jan)
Court: Administrative Court
Judge:

Bennett J

Representation The appellant appeared in person.
  Kate Gallafent (instructed by the General Medical Council) for the respondent.
Judgment Dates: 25 January 2005

Catchwords

Medical practitioner - Suspension - Unfitness to practise - Refusal to submit to psychological examination - Indefinite suspension.

The Case

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.

If you are a LexisLibrary subscriber you can read more about this case here.