In the case of General Medical Council & Anor v Dugboyele [2024] EWHC 2651 (Admin), the High Court found that the Medical Practitioners Tribunal had failed to adequately consider the impact of its decision on public confidence and professional standards.
The tribunal had previously found Dr. Maxwell Dugboyele guilty of serious professional misconduct, including sexual harassment of female colleagues, but ruled that his fitness to practice was not impaired.
The High Court, presided over by Mr. Justice Murray, disagreed with this ruling and emphasized the importance of maintaining public confidence in the medical profession. The case was remitted to a differently constituted tribunal to determine appropriate sanctions.
Mr Justice Murray said:
“In my judgment, for the reasons I have given, the Tribunal’s decision that Dr Dugboyele’s fitness to practise was not impaired is unsustainable in light of its factual findings and its lack of adequate reasons for the decision it reached on impairment, having regard to Dr Dugboyele’s serious professional misconduct and the second and third limbs of the over-arching objective.
“I have the power to substitute a finding that Dr Dugboyele’s fitness to practise was impaired by his serious professional misconduct. I do so.
“This case will now be remitted to a differently constituted Medical Practitioners Tribunal for it to consider the question of sanction.”
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