SAS doctors face harsher sanctions when unrepresented at medical tribunals

SAS and locally employed doctors are twice as likely to not have legal representation when facing a Medical Practitioners Tribunal Service (MPTS) hearing which is leading to harsher sanctions, according to figures obtained by Medical Protection Society (MPS).

The figures, which were provided by the General Medical Council (GMC) via an FOI request, show that two in five SAS and locally employed doctors (40%) did not have legal representation when facing a MPTS fitness to practise hearing.

Those SAS and locally employed doctors who did not have legal representation were more likely to receive a harsher sanction by the MPTS – 86% were either suspended or erased from the medical register, while only 5% were found not to be impaired.

In comparison, 57% with legal representation were either suspended or erased from the medical register, and 25% were found not to be impaired.

MPS is calling on NHS Trusts to provide more information to SAS and locally employed doctors about the importance of having access to legal support and representation for medicolegal processes such as GMC investigations.

Dr Karen Ellison, SAS doctor and Lead Medicolegal Consultant at MPS, said: “SAS and locally employed doctors are a vital part of the healthcare system making up almost a quarter (24%) of the total UK medical workforce. These alarming figures show, however, that they are at a significant disadvantage when they are subject to a MPTS hearing because so many do not have legal representation.

“There are likely a range of reasons for this. It is possible that many SAS and locally employed doctors working solely in the NHS do not realise the limited support provided by state-backed indemnity, which only provides protection in relation to clinical negligence claims. Many are also overseas graduates who may not be provided with enough information during their induction about the importance of protecting themselves against the types of risks doctors face in the UK.

“The NHS Trusts have a role to play here in providing information to all doctors – especially SAS and locally employed doctors – about the limitations of state-backed indemnity and the importance of having legal representation should you receive a GMC referral.

“Support with GMC investigations, complaints, inquests and NHS disciplinary proceedings is a vital consideration for all doctors and most obtain this though membership with a medical defence organisation.

“MPS supports doctors from the moment a GMC complaint is received, to its conclusion at a MPTS hearing. We see how the process impacts on doctors’ mental health and reputation. GMC investigations often take several months - and sometimes years - to conclude and the hearings can last weeks. For some, these proceedings can have career ending implications.

“As a medical defence organisation, we have a responsibility to understand the needs of our members as well as to inform potential members about the importance of adequate protection, and we will continue to engage with SAS and locally employed doctors.”

MPS obtained the figures from the GMC as part of its increased efforts to better understand the needs of SAS and locally employed doctors. As part of these efforts, MPS has endorsed policy proposals by the SAS Collective, a group working to improve the careers and retention of SAS and locally employed doctors across the UK.

MPS has also called on the new UK Government to better support SAS and locally employed doctors by enabling better access to training opportunities, career development and providing job security.

ENDS

• For further information contact [email protected]
• SAS doctors are specialist, associate specialist and speciality doctors with at least four years of postgraduate training, two of which are in a relevant specialty.
• Information from the General Medical Council is based on 1,183 Medical Practitioners Tribunal Service hearings that concluded between 2019 and 2023 and was provided to MPS under a Freedom of Information request. This includes 408 hearings involving SAS and locally employed doctors.

Key findings

• 40% of SAS and locally employed doctors were not legally represented when facing a MPTS fitness to practise hearing
• 27% of non-SAS and locally employed doctors were not legally represented when facing a MPTS fitness to practise hearing
• 43% of SAS and locally employed doctors without legal representation were erased from the register
• 15% of SAS and locally employed doctors with legal representation were erased from the register
• 43% of SAS and locally employed doctors without legal representation were suspended
• 42% of SAS and locally employed doctors with legal representation were suspended
• 5% of SAS and locally employed doctors without legal representation were found not to be impaired
• 25% SAS and locally employed doctors with legal representation were found not to be impaired

About MPS

The Medical Protection Society Limited (“MPS”) is the world’s leading protection organisation for doctors, dentists and healthcare professionals. We protect and support the professional interests of more than 300,000 members around the world. Membership provides access to expert advice and support and can also provide, depending on the type of membership required, the right to request indemnity for any complaints or claims arising from professional practice.

Our in-house experts assist with the wide range of legal and ethical problems that arise from professional practice. This can include clinical negligence claims, complaints, medical and dental council inquiries, legal and ethical dilemmas, disciplinary procedures, inquests and fatal accident inquiries.

Our philosophy is to support safe practice in medicine and dentistry by helping to avert problems in the first place. We do this by promoting risk management through our workshops, E-learning, clinical risk assessments, publications, conferences, lectures and presentations.

MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.