AC-2025-LON-000408 - [2025] EWHC 2846 (Admin)

Dr Foy appeals the rape finding on the basis that Ms A’s evidence lacked any sufficient credibility and that she was a proven liar. He also appeals on the basis that there were serious procedural irregularities. If he succeeds on those grounds, he asserts that the findings of misconduct, impairment and sanction must fall away.

The GMC appeal two of the Panel’s factual findings. Those were: (1) that on 20th November 2018, at midnight in Dr Foy’s bedroom, when Dr Foy asked Ms A to sleep with him (have sex) and touched her breast, he believed that she would consent to that and did so reasonably (the Bedroom Incident); and (2) that 12 days later when, Ms A was again in his house around midnight, this time on his sofa and lying between his legs (on his groin and stomach), he touched her breasts and he reasonably believed she would consent to that.

The GMC also appeal the Panel’s findings about misconduct, impairment and sanction. They submit that the Panel were wrong to find that he did not present a risk to the public and to rule that when he committed the Bedroom Incident he was not in a position of trust with a patient and that only proper sanction for rape was the erasure of Dr Foy from the register of practitioners, not just suspension.