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

The registrant’s right to appeal against suspension and the Court’s powers on appeal are set out in the Medical Act 1983 S.40. On an appeal from a Medical Practitioners Tribunal, the court may—

“(a)

dismiss the appeal;

(b)

allow the appeal and quash the direction or variation appealed against;

(c)

substitute for the direction or variation appealed against any other direction or variation which could have been given or made by a Medical Practitioners Tribunal; or

(d)

remit the case to the MPTS for them to arrange for a Medical Practitioners Tribunal to dispose of the case in accordance with the directions of the court,

and may make such order as to costs … as it thinks fit.”

Appeals against a suspension sanction by the GMC are governed by S.40A. The General Council may appeal against a relevant decision to the relevant court if they consider that the decision is not sufficient (whether as to a finding or a penalty or both) for the protection of the public. Consideration of whether a decision is sufficient for the protection of the public involves consideration of whether it is sufficient—

“(a)

to protect the health, safety and well-being of the public;

(b)

to maintain public confidence in the medical profession; and

(c)

to maintain proper professional standards and conduct for members of that profession.”