AC-2025-CDF-000062 - [2025] EWHC 2619 (Admin)

The Guidance deals with mitigating and aggravating factors to consider when deciding on a sanction. It states at para 24:

“The tribunal is less able to take mitigating factors into account when the concern is about patient safety, or is of a more serious nature, than if the concern is about public confidence in the profession.”

The Guidance gives examples of mitigating factors. They include:

Taking steps such as admitting facts relating to the case, apologising to the patient, and making efforts to prevent behaviour recurring will demonstrate both remediation and insight (para 25).

The Guidance makes plain that, while doctors may present references and testimonials to support their good standing in the community and profession, the weight to be given to these documents is a matter for the tribunal (para 34). In considering whether such documents carry weight, the tribunal must consider whether the testimonial is relevant to the specific findings the tribunal has made about the doctor and the extent to which the views expressed in the testimonial are supported by other available evidence (para 39). Good testimonials are not on their own indicative of any particular sanction but must be weighed in the context of the case as a whole (para 40).

Aggravating factors that are likely to lead to a more serious sanction include misconduct involving violence or offences of a sexual nature (para 56). Lack of insight is listed as an aggravating factor (para 50).