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The Remedy

Fairness and justice is of paramount importance in the GMC.

Justice must be done and must be seen to be done. Injustices of the past are now being reviewed and remedied.

The questions must be:

1. Is erasure by use of pre-determined decision making still going on?
2. If not when did it stop?
3. What has happened to these doctors who were struck off by the use of Draft Determinations? In the first case the doctor was restored to the register but the erasure remains as a matter of public record in the UK Statutory Libraries of London, Cardiff, Edinburgh, Dublin and Oxford and Cambridge University Libraries. Restoration to the register is not an appeal against the original findings. Dr X is still referred to as a “struck off” doctor in spite of being registered. Dr Y remains erased. Both these doctor’s medical careers have been obliterated.

The GMC is a charity and a public body and is governed by statute laid down in the UK Parliament. The GMC has considered itself to be above the law and disregarded the Statutory Provisions by which it is governed. The GMC lawyers admitted that the use of Draft Determinations was common practise. This abuse of the process through common practise was systematic and intentional and could amount to misfeasance in public office by those officers and members of the GMC who were acting in a public capacity by composing and enforcing Draft Determinations to erase doctors.

Justice demands that:

1. In the case of both Dr X and Dr Y the findings of serious professional misconduct and erasure should be quashed. In both cases there has been the use of a Pre-drafted Draft Determination with a pre-determined sentence of erasure used to strike off the doctors. There has been a breach of natural justice and an unfair hearing under Article 6 of the European Convention on Human Rights.
2. The GMC’s own lawyers have admitted that this was common practise then the UK Members of Parliament should ask the Secretary of State to set up an independent inquiry into the remainder of the erasure cases. There are four successive Presidents one Registrar and at least two former assistant registrars who should make statements about how far back this practise goes and when and if it was stopped or whether it continues.

The presidents are:

1. Lord Walton 1983-1989
2. Sir Robert Kilpatrick 1989-1995
   
3. Sir Donald Irvine 1995-2002
4. Professor Sir Graeme Catto 2002-

The Registrar and Assistant Registrars are:

1. Finlay Scott 1994-
2. Robert Gray 1971-1988
3. Alan Howes 1977-2002

PLEASE SUPPORT THE DOCTORS’ CAMPAIGN AGAINST GMC INJUSTICE