BMA launches legal action over Government’s GMC regulation U‑turn

The British Medical Association (BMA) has begun legal proceedings against the Government after accusing ministers of misleading the public during a consultation on proposed changes to the General Medical Council’s (GMC) regulatory powers. The move follows what the union describes as a “U‑turn” on plans to remove the GMC’s right to appeal decisions made by the Medical Practitioners Tribunal Service (MPTS).

Pulse Today report that, in a letter before action, the BMA said it will seek a judicial review against the health secretary, arguing that the consultation on the draft GMC Order 2026 was based on “incomplete and inaccurate information”. The union claims the Government misrepresented the findings of Lord Mann’s review into antisemitism in the NHS by suggesting it recommended retaining the GMC’s right to appeal—when the review had in fact advised consulting on whether the power should be kept.

The BMA said many stakeholders responded to the consultation before the Mann Review was published on 4 June, two months after the consultation opened, leaving them unable to consider the review’s actual wording. With the consultation due to close on 23 June, the union argues the process is “unlawful” and has demanded that ministers remove the appeal provisions from the draft order or re‑consult using accurate information.

The Government’s proposal would allow the GMC not only to retain its right to appeal MPTS decisions but also to challenge interim tribunal rulings—an expansion strongly opposed by the BMA. The union has warned that the reforms risk giving the GMC “one‑sided powers”, undermining confidence in the independence of the MPTS.

The health secretary is named as the defendant in the legal action, with the GMC, the Professional Standards Authority and Scottish ministers listed as interested parties.

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