The GMC case examiners
Produced in partnership with Andrew Hockton of Serjeants Inn Chambers
The GMC case examiners

The following Corporate Crime practice note produced in partnership with Andrew Hockton of Serjeants Inn Chambers provides comprehensive and up to date legal information covering:

  • The GMC case examiners
  • Referral to the GMC case examiners
  • Who are the case examiners?
  • The role of the case examiners
  • The powers of the case examiners
  • No further action
  • Warnings
  • Undertakings
  • Referral to the MPT
  • Procedure

Referral to the GMC case examiners

At the conclusion of the initial investigation stage, if the Registrar of the General Medical Council (GMC) considers that a doctor's fitness to practise may be impaired, the case must be referred to the case examiners for consideration in accordance with the General Medical Council's (Fitness to Practice Rules) Order of Council 2004 (GMC Fitness to Practise Rules 2004), SI 2004/2608. See Practice Note: GMC—investigations.

A doctor's fitness to practise can only be impaired by reason of all or any of the statutory grounds of impairment. These are set out in section 35c(2) of the Medical Act 1983. See Practice Note: The disciplinary and regulatory powers of the General Medical Council.

Who are the case examiners?

Case examiners are officers of the GMC appointed by the Registrar of the GMC to determine the next step after the investigation stage.

The GMC Fitness to Practise Rules 2004 stipulate that the case examiners must consist of one medical and one non-medical officer.

The role of the case examiners

The GMC's 'Guidance to the GMC's Fitness to Practise Rules 2004' states that it is not the role of the case examiners to resolve substantial conflicts of evidence.

The role of the case examiners is to determine what action, if any, needs to be taken at the conclusion of the initial investigation.

Case examiners are required to apply the following test

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