High Court upholds MPTS decision in Hyder v GMC

In the case of Hyder v General Medical Council [2024] EWHC 2945 (Admin), the doctor appealed against the Medical Practitioner Tribunal’s decision to erase his name from the Medical Register due to dishonesty regarding his qualifications. The High Court, led by Mr. Justice Eyre, upheld the Tribunal’s decision, emphasizing the importance of honesty in the medical profession.

Background

The appellant doctor, who qualified as a doctor in Pakistan, made false representations to employment agencies between 2014 and 2017, claiming to have completed parts of the MRCP qualification that he had not achieved. The Tribunal found that these false statements were made knowingly and dishonestly, impairing his fitness to practise.

Tribunal’s Decision

The Tribunal concluded that the appellant doctor persistent dishonesty warranted erasure from the Medical Register to maintain public confidence in the profession. Although he accepted the findings of misconduct, he argued that the sanction of erasure was excessive and that he had shown sufficient insight into his misconduct.

Appeal

The doctor appeal focused on the Tribunal’s assessment of his insight and remediation efforts. He argued that the Tribunal failed to consider his personal circumstances and the non-professional setting of his dishonesty. However, the High Court found no error in the Tribunal’s approach and emphasized that he lack of insight into his misconduct and the risk of repetition justified the decision to erase him from the register.

High Court’s Ruling

The High Court upheld the Tribunal’s decision, stating that the persistent dishonesty and lack of insight into the misconduct were significant factors in maintaining professional standards and public confidence. The court noted that the Tribunal’s findings were consistent with the Sanctions Guidance and that erasure was a necessary sanction to protect the public.

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