MPTS Fitness to Practise Hearings
If you have been referred to a Medical Practitioners Tribunal Service (MPTS) for a fitness to practise hearing, the stakes are high; your professional future, reputation, and right to practise medicine may be on the line.
Expert Defence Lawyers for Doctors
At Richard Nelson LLP, our specialist GMC defence solicitors provide expert legal representation for doctors appearing before the MPTS. We have a proven track record of success and regularly work alongside leading barristers, to help doctors to achieve the best possible outcome.
Contact UsWhat is the role of the MPTS?
The MPTS will conduct a fitness to practise hearing for doctors referred by the GMC, to decide if a doctor’s fitness to practise is impaired, and if so, what sanction if any is needed. The Tribunal will follow a three-stage process as follows.
1. Factual Stage
At this stage, the Tribunal considers whether the allegations against the doctor are factually proven. The GMC and the doctor may both present evidence, including:
- Live witness testimony
- Expert reports
- Written statements
- Documentary evidence
Panel members may also ask their own questions of the witnesses.
A key strategic decision is whether the doctor should give evidence at this stage.
In some cases, the Panel may require the doctor to undergo assessments related to issues such as health, performance and English language proficiency.
After considering the evidence, the Panel will retire and issue a written determination on whether the facts are found proven. If so, the hearing proceeds to the next stage.
2. Impairment Stage
The Panel now considers whether the doctor’s fitness to practise is currently impaired. At this stage both the GMC and the doctor’s lawyer can make oral submissions. Additional evidence may be presented, and the doctor may choose to give further evidence.
The Panel then issues a written decision explaining whether or not the doctor’s fitness to practise is currently impaired.
- If no impairment is found, the case typically concludes, although a warning may be issued (this is not a formal sanction and does not restrict practice).
- If impairment is found, the hearing proceeds to the sanctions stage.
- If impairment is established, the Tribunal must determine what sanction, if any, is appropriate to protect the public and maintain trust in the profession.
3. Sanctions Stage
If impairment is established, the Tribunal must determine what sanction, if any, is appropriate to protect the public and maintain trust in the profession.
Sanctions are considered in light of:
- The seriousness of the case
- Evidence of insight, remediation, and remorse
- Character references and testimonials
- The doctor’s professional history and personal circumstances
The Panel will hear oral representations from both the GMC’s lawyer and the doctor’s lawyer, together with any further evidence.
The sanctions available to the Panel are:
- No action
- Accepting undertakings (by agreement with the GMC)
- Conditions on practice (for up to 3 years)
- Suspension from the medical register (up to 12 months)
- Erasure from the medical register (except in cases related solely to health or language concerns)
If a doctor is erased, they may only apply for restoration after five years. Learn more about the GMC restoration process.
Why Choose Richard Nelson LLP?
At Richard Nelson LLP, we provide:
- Strategic preparation and support throughout the MPTS process
- Expert case analysis and evidence gathering
- Close collaboration with respected medical law barristers
- Proven experience defending doctors in complex, high-stakes FTP hearings
Our focus is always on protecting your registration, your professional integrity, and your future in medicine.
Contact Us for Specialist MPTS Defence
If you’ve been referred to the MPTS for a Fitness to Practise hearing, early legal advice is essential. Contact Richard Nelson LLP today for confidential, expert representation tailored to your situation.
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