Government Plans to Revoke GMC’s Appeal Powers in Fitness to Practise Cases

The Chief Executive and Registrar of the General Medical Council (‘GMC’), Charlie Massey, has indicated that the Government plans to revoke the GMC’s power to appeal a decision made by the Medical Practitioners Tribunal Service (‘MPTS’).

Mr Massey was invited to give oral evidence at a Health and Social Care Committee meeting which took place on 21^st January 2026. During the meeting, he advised that the GMC have been engaging with the Department of Health and Social Care on the drafting of this legislation. The Government intends to consult on this legislation before the purdah periods begin in Scotland and Wales (i.e. before early April) with a view to getting the proposed changes on the statue book by the end of this year.

The Current Legislation

Currently, Section 40A of the Medical Act 1983 (as amended) empowers the GMC to appeal to the High Court a “relevant decision” by an MPTS if it considers that the decision is not sufficient for the protection of the public. In considering whether a decision is sufficient for the protection of the public the GMC will consider the following, namely:

• Protecting the health, safety and well-being of the public;
• Maintaining public confidence in the medical profession; and/or
• Maintaining proper professional standards and conduct for members of that profession.

The Catalyst for Revocation

Revocation of the GMC’s power to appeal has been on the horizon for almost eight years now. In a review into the application of gross negligence manslaughter in healthcare, chaired by Professor Sir Norman Williams in 2018, the Review Panel recommended that the GMC’s power to appeal MPTS decisions should be removed. The Panel believed that the GMC’s power of appeal had significant unwelcome and unintended consequences, including contributing to a sense of mistrust among doctors and an unwillingness to engage with the regulator. As a result, this had hindered reflection and learning from errors to the detriment of patient safety.

Due to its unique fitness to practise arrangements the GMC is the only UK health regulator which has this right of appeal. The Panel noted that “this has led to the perception that the GMC is in effect appealing against itself and having two opportunities to make its case – first in putting its case for a sanction to the MPTS and then appealing the MPTS decision if it doesn’t ‘agree’ with the GMC’s view”.

All UK health and social care regulators, including the GMC, are overseen by the Professional Standards Authority (‘PSA’) to ensure that they are protecting the public. As part of its role, the PSA has the power to refer decisions made by health and social care regulators’ fitness to practise panels to the High Court on the grounds of insufficient public protection. This means that the PSA holds this power in GMC fitness to practise cases as well. The Williams Review considered that the removal of the GMC’s duplicate power of appeal would ensure that there was a consistent approach to appeals across health and social care regulators.

Given that almost eight years have elapsed since the Williams Review was published, many would contend that legislation to implement this recommendation is long overdue.

If you would like any further information or advice on the information mentioned within this article, please contact Ellen Donaghy from the Healthcare team.

*This information is for guidance purposes only and does not constitute, nor should be regarded as, a substitute for taking legal advice that is tailored to your circumstances.