A doctor who participated in Just Stop Oil protests, whereby they repeatedly breached a High Court injunction resulting in her imprisonment, has lost their appeal against a suspension.
The case of Benn v General Medical Council [2025] EWHC 87 (Admin) involves Dr. Sarah Benn’s appeal against the Medical Practitioner’s Tribunal’s (MPT) decision to suspend her from the medical register for five months.
The MPT’s decision was based on findings that the appellant doctor’s fitness to practice was impaired through misconduct due to her participation in Just Stop Oil protests, which led to her breaching a High Court injunction and resulting in her imprisonment.
The appellant doctor, a retired general practitioner with over 30 years of service in the NHS, had a deep concern for environmental issues and engaged in climate activism. Her actions included non-violent, but unlawful protests organised by Extinction Rebellion and Just Stop Oil. Despite being advised by the General Medical Council (GMC) to reflect on her actions and remain mindful of her professional obligations, that the appellant doctor continued her activism, leading to multiple arrests and a custodial sentence.
The MPT found that her conduct fell significantly short of the standards expected of a doctor, as outlined in the GMC’s Good Medical Practice (GMP) guidance. The Tribunal emphasized the importance of doctors acting within the law and maintaining public trust in the profession. They concluded that the appellant doctor’s repeated breaches of the injunction and the resulting impact on public services constituted serious misconduct. The Tribunal also noted that she showed no intention of changing her behaviour, indicating a strong likelihood of repetition.
In summary, the appellant doctor’s appeal argued that her actions were motivated by genuine and sincerely held beliefs in the wider interests of public health and that the Tribunal’s decision was disproportionate. She contended that her participation in non-violent environmental activism should not amount to misconduct and that the sanction of suspension was excessive.
The High Court, presided over by Mrs. Justice Yip, upheld the MPT’s decision. The court ruled that the Tribunal’s findings of misconduct were supported by evidence and that the decision to suspend was justified. The court emphasized the seriousness of dishonesty in the medical profession and the need to protect public safety.
In conclusion, the High Court dismissed Dr. Benn’s appeal, affirming the MPT’s decision to suspend her from the medical register for five months. The court reiterated the necessity of maintaining public confidence in the medical profession and upholding proper professional standards and conduct.
Statement on the outcome of Dr Sarah Benn’s appeal
Charlie Massey, Chief Executive of the GMC, said:
‘We note the High Court’s decision today to dismiss Dr Sarah Benn’s appeal against the five-month suspension imposed on her by a medical practitioners tribunal.
‘In a balanced and considered judgment Mrs Justice Yip found that Dr Benn’s conduct did amount to misconduct and emphasised that it was this conduct, not her beliefs, that had brought her before a medical practitioners tribunal. The judgment concluded that in finding her fitness to practise impaired the tribunal had based their decision not merely on Dr Benn’s actions – which fell below the standards of personal conduct expected of a doctor – but also on her intention to continue breaking the law. The judge also agreed that a doctor’s status as a trusted professional is called into question if they not only break the law but refuse to be bound by the law.
‘We agree that climate change is one of the greatest threats facing us all, particularly given the serious threat a changing climate poses to human health and wellbeing. Our guidance is clear that doctors, like all citizens, have a right to express their personal opinions on important issues like climate change, and there is nothing in our guidance that prevents them from exercising their right to lobby government and campaign – including taking part in protests. Our recently updated professional standards for all UK doctors, Good medical practice, also includes a new sustainability commitment, with a specific duty that all doctors should choose sustainable solutions.
‘However, patients and the public have a high degree of trust in doctors, and that trust can be put at risk when doctors fail to comply with the law.’
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