The Medical Practitioners Tribunal Service (MPTS) is a tribunal in the United Kingdom that adjudicates on complaints made against doctors, making independent decisions about their fitness to practise. This includes imposing sanctions for decisions about violations of ethical principles.
Background
One of the recommendations in the fifth report of The Shipman Inquiry, which was published in December 2004, was for the adjudication stage of fitness to practise procedures to be undertaken by a body that is independent of the General Medical Council (GMC). In 2007 the UK Government released a white paper on The Regulation of Health Professionals. In late 2010 the Department of Health consulted on plans to create a body that was separate from the health regulators, to adjudicate on fitness to practise matters.
On 2 December 2010, the government announced that they had decided not to proceed with an Office of the Health Professions Adjudicator (OHPA).
In July 2011, the GMC approved proposals to separate its presentation of fitness to practise cases from their adjudication. The adjudication would become the responsibility of a new body, the Medical Practitioners Tribunal Service.
History
In June 2012 the MPTS assumed responsibility for medical tribunals, with their panels given the power to remove or suspend a doctor's ability to work within the UK. It was expected that the service would handle some 340 doctors' fitness-to-practise hearings a year. The MTPS was located in a dedicated hearing centre in Manchester which has 16 hearing rooms.
There were changes in the records kept, with the use of digital recordings, instead of shorthand writers. Specialist advisers were used less often, only in exceptional circumstances.
In March 2015, changes to the Medical Act mean that the GMC gained the ability to appeal against decisions made by the MPTS.
In 2014 legislation was introduced the GMC gained powers around demanding proof of competence in English from doctors coming from within the EU. In October of the following year, the first doctors from the EU were disciplined following inadequate performances in tests that the MTPS itself had requested.
Chair
David Pearl became the first Chair of the Medical Practitioners Tribunal Service on 11 June 2012, after being appointed through an independent process in February of that year. Caroline Swift succeeded him as chair in August 2016.
Hearings and Procedure
Introduction
There two main types of hearing constituted by the MPTS: interim orders tribunals and medical practitioners tribunals.
Medical Practitioners Tribunals can be further divided into new fitness to practise hearings, review hearings, restoration hearings, and non-compliance hearings.
Interim Order Tribunals
Upon the GMC commencing an investigating they may at any stage make a referral to the Interim Orders Tribunal ("IOT") to restrict a doctor's practise and registration. As its name suggests the IOT is an interim process. For example, if the allegation is that a doctor's health is causing practise difficulties, the GMC may seek a condition limiting hours of work while they investigate.
The restrictions may be imposed if it is found that it is necessary to protect the public, protect a doctor or their health or it is in the public interest to do so because proper standards of behaviour or confidence in the profession must be protected.
The hearings are likely to take place remotely by Microsoft Teams and they are usually private. "Deciding how to Hold medical Practitioner Tribunals Hearings"
They may be public only if it is in the public interest or a doctor requests it is heard publicly. The Tribunal consists of a legally qualified chair, a medically qualified tribunal member and a lay member.
If the IOT does decide some restriction is necessary it may only be for a maximum of 18 months.
The GMC must apply to one of the higher civil courts if they believe it must be extended beyond 18 months.
Any order should be proportionate to the perceived risk and it should be no longer than necessary for the investigation and/or MPTS hearing to complete.
If an order is imposed on a doctor then it must be reviewed at 6 monthly intervals.
A review can take place on the papers where there is agreement between the doctor and the GMC. the
The MPTS publish decisions they take when an interim order is granted. It is published on the MPTS website and the GMC Register but there will be no publication of a doctor's health matters.