Doctor sexual misconduct hearings too lenient, review suggests

Sanctions for doctors guilty of sexual misconduct in the UK are too lenient in around a quarter of cases, a review suggests.

The Medical Practitioners Tribunal Service (MPTS) stands accused of failing victims and compounding their trauma. The criticism is based on the outcomes of 46 cases with offences including harassment, rape, and assaults of patients, colleagues and children.

Some medics were handed suspensions instead of following General Medical Council advice to strike them off the medical register.

The MPTS says it recognises the impact tribunal decisions have on all those involved and will soon publish new guidance for tribunals.

The MPTS is the body that takes evidence and rules on whether doctors are fit to practice in the United Kingdom.

It is independent of but funded by and accountable to the doctors' regulator - the General Medical Council - responsible for investigating complaints and bringing prosecutions against doctors.

This new study by six independent academics, analysed 222 MPTS tribunal cases heard between August 2023 and August 2024.

Of these cases, 46 involved proven sexual misconduct.

One of the 46 cases from 2024 involved a UK transplant surgeon who was given an eight month suspension despite misconduct spanning over a decade.

He was accused of abuses of power, targeting multiple trainees under his supervision, sexual harassment, non-consensual touching during surgery and racism.

The General Medical Council (GMC) wanted to strike him off altogether and, along with the Professional Standards Authority, appealed what was seen as a lenient MPTS decision.

Another more recent case involved a doctor who knowingly entered into a sexual relationship with a vulnerable patient whom he had pursued and groomed from the age of 14.

He was suspended for 12 months rather than struck off.

The panel cited evidence of insight, remediation, and remorse.

The report authors highlighted inconsistency in the sanctions imposed on doctors, a chronic lack of training for tribunal members and poor support for victims and witnesses.

Most of these cases involving sexual misconduct - 65% - led to doctors being struck off and barred from practicing, but 35% resulted in only a short suspension.

Nearly one in four sanctions (23.9%) imposed in these cases were more lenient than recommendations from the GMC and in no case did the tribunal impose tougher sanctions.

All the doctors involved in the sexual misconduct cases were men, and almost all of them were consultants, GPs or registrars.

Several cases involved multiple victims, which the researchers say demonstrates repeated and systemic abuse - some over a period of 9 years.

Mei Nortley, a consultant vascular surgeon and lead author of the research says the MPTS needs to consider whether it is doing its job properly.

"Allowing rapists, sexual predators and those who use manipulation and coercion to return as practising doctors brings this into question," she said.

In recent months, the MPTS has begun to update its guidance for tribunals and on sanctions, focusing on sexual misconduct cases.

But the Royal College of Surgeons of England (RCS England) said the finding show the current system of medical regulation is failing.

Vice President Prof Vivien Lees, Vice President of RCS England, said: "Guidance alone is not enough. Tribunal panels must be trained and apply it consistently to ensure fair, robust decisions.

"RCS England will hold the MPTS to account to ensure these vital changes are fully delivered."

The General Medical Council said it takes "a zero-tolerance and proactive approach" to all forms of sexual misconduct.

"Where we feel the sanctions applied by the independent tribunal are too lenient – we can, and do appeal.

"A significant proportion of our appeals are successful and result in stronger sanctions."

Tamzin Cuming and Prof Carrie Newlands from the Working Party on Sexual Misconduct in Surgery (WPSMS) said: "Right now, the system gives little more than a slap on the wrist for abuse, when only erasure and accountability can ensure safety.

"Without reform, powerful perpetrators will continue with impunity.

A spokesman for the MPTS said it was important that doctors had a fair hearing.

"We will soon publish a new suite of guidance for tribunals, covering all aspects of our hearings.

"It will draw together existing guidance and recent case law, as well as best practice from other jurisdictions, to assist tribunals in reaching consistent and well-reasoned decisions," he said.