MPTS publishes new guidance to support decision-making in sexual misconduct cases

New guidance from the Medical Practitioners Tribunal Service (MPTS) will, the MPTS said, support tribunals making decisions about doctors facing serious allegations, including sexual misconduct, discrimination and violent and abusive behaviours.  

Guidance for MPTS Tribunals was published on 30 September and will come into effect on 24 November, replacing Sanctions guidance. 

For the first time, Guidance for MPTS Tribunals will include sanctions bandings. These indicate the range of outcomes that can be expected in different case types, once a tribunal has decided whether a doctor poses a low, medium or high level of risk to the public. 

 The guidance will also include much more detail about assessing the seriousness of an allegation and the features that may increase seriousness. For example, allegations relating to sexual assault, improper relationships or violence will usually fall at the higher end of the spectrum. Persistent or repeated behaviour, and behaviour directed towards a vulnerable person, may increase seriousness. 

 New flow charts will make tribunal decision-making more transparent, ensuring all those involved know what to expect at each stage of a hearing.  

The guidance which comes into effect in November, was developed following engagement with a broad range of organisations, including those representing doctors and patients. 

 Gill Edelman, Interim Chair of the MPTS, said:

“Hearings involving allegations of sexual misconduct remain an area of scrutiny and concern.

 “We recognise the impact tribunal decisions have on doctors and on complainants. It is therefore paramount that our tribunals reach fair, proportionate and transparent decisions and that there is clarity for all concerned in the range of outcomes that can be expected. 

 “The updated guidance aims to support consistent and well-reasoned decisions. We thank everyone who contributed to its development.”

 Guidance for MPTS Tribunals incorporates MPTS decision-making methodology, sanctions bandings, draws together existing guidance and reflects the development of case law. 

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