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

The bedroom incident on 20.11.2018

The Panel was not wrong to find that Dr Foy had a reasonable belief that Ms A would consent to being touched on the breast (the GMC appeal).

The Sofa incident on 2.12.2018

The Panel was not wrong to find that Dr Foy had a reasonable belief that Ms A would consent to her breast being touched as they lay together on the sofa (the GMC appeal).

Both incidents

The Panel was not wrong to rely on Ms A’s credibility and accept her version of events about the Sofa Incident despite their findings that she had been doubly untruthful about her thesis and other matters and her contradictory evidence (the Foy appeal).

There was no serious procedural irregularity in the hearing before the Panel relating to Ms A’s medical records on SDT testing, the burden of proof and some witness transcripts (the Foy appeal).

Misconduct/impairment/Sanction

The Panel was not wrong to exclude patient status and close personal relationship from their consideration of misconduct in relation to the Bedroom Incident, they assessed his conduct as charged (the GMC appeal).

The Panel was wrong in its findings on risk and impairment on public protection grounds and hence the sanction needs to be reconsidered (the GMC appeal).