GMC Law / EC Rights
Medical Misconduct Lawyer
Rodney Hylton-Potts is highly experienced in defending doctors, and medical students in GMC proceedings. He has a high success rate in obtaining the very best possible result for doctors, a medical students, in IOP and Fitness to Practice hearings, professional conduct, competence and ill health suspension hearings. He has significant expertise in defending doctors in medical and clinical negligence cases. He can advice on GMC law and procedure, the Medical Act 1983 and GMC Conduct and Health rules.
Hylton-Potts specialises in making representations to the panels following the refusal of registration due to misconduct and Assistant registrar appeals panel.
We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland
Top Defence Lawyer for doctors
He fights for his clients. Call for a free consultation and advice in relation to any GMC matter. What have you got to lose?
Contact the team of medico-legal advisers, 24-hours a day on 020 7381 8111 or email law@rh-p.net
Registration with the General Medical Council or General Dental Council
If you are having difficulties with your registration with the General Medical Council or General Dental Council we can help. We have a very successful track record, in helping clients with registrations and successful appeals. Consult the experts.
Call us on 020 7381 8111 or email law@rhplaw.co.uk and see how we can help you defend your case concerning the General Medical Council laws.
Applications to Restore Registrations
We are experts at applications to restore registrations, and have a great success rate. Please contact the experts, 24hrs a day on 020 7381 8111 or email law@rh-p.net
Click here to download the UD4 GMC Application Form
Over 85% of GMC complaints are resolved without proceeding to a Fitness to Practise panel hearing.
- We have access to a large and most experienced team of medico-legal advisers.
- Should an incident turn into a claim, we can put in place a team of experts, comprising a doctor, a claims expert, and, if appropriate, a lawyer to provide the very best defence.
- WE offer expert advice and representation should a doctor, or medical student, find him or her self the subject of a GMC or disciplinary investigation relating to clinical practice.
- We can help when dealing with the media, from advising the Doctor what to say to issuing statements and speaking on the members behalf.
We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland
ADVICE
We offer doctors and medical students,advice, 24-hours a day, 7 days a week, 365 days a year.
We can help a member with:
- Medico-legal and ethical advice
- Assistance with handling complaints
- Inquests
- Disciplinary proceedings
- Proceedings by the GMC
- Criminal investigations into clinical care that has been provided
Contact the team of medico-legal advisers, 24-hours a day on 020 7381 8111 or email law@rh-p.net
Advice
The General Medical Council states that you will only need to pass the PLAB for International Medical Graduates if you fall within the following categories:
- you are a national of a country outside the UK, EEA or Switzerland who graduated from a medical school outside the UK; OR
- you are a UK national who has graduated from a medical school outside the UK, EEA or Switzerland; AND
- you do not have EC rights.1
The GMC has provided guidance on the rights for “nationals of European states” and what constitutes having an “enforceable Community right”. In this guidance, subsection 2 describes those exempt from PLAB. It includes:
UK nationals with enforceable Community rights by virtue of having resided in another relevant European state as a worker, self employed person, student or self-sufficient person or (in the case of an EEA state) pursuant to the three month right to reside under the Citizenship Directive.2
If you have studied/ and or worked in the EU including Ireland and France, and you have exercised your free-movement rights under the Citizenship Directive (Directive 2004/38/EC).
In addition, Regulation 9 of the Immigration (European Economic Area) Regulations 2006, which governs the rights of EU migrant citizens in the UK, treats UK nationals as EU migrants, if they have previously exercised Treaty rights in another Member State. We argue that by analogy, you should be treated as an EU migrant who has been exercising free-movement rights for the purposes of recognition of your qualifications.
Help with NHS and other Employer Disciplinary Procedures
A Court of Appeal ruling against an NHS trust illustrates the complexity and legal implications, of public sector disciplinary procedures, and should act as a warning to employers to tread carefully.
It was the second time that the claimant in Mezey v South West London Mental Health NHS Trust went to the Court of Appeal to challenge the way in which her employer was conducting disciplinary proceedings against her. And for the second time she was successful in obtaining an injunction
Dr Mezey was employed by the trust as a consultant forensic psychiatrist and also undertook academic duties at its medical school. In September 2004, one of her patients absconded from a medium-secure mental health unit, having been granted unescorted leave to a hospital garden area. The following day he attacked and killed a stranger in Richmond Park.
Following two internal inquiries conducted by the trust into Dr Mezey’s role in this matter, the trust decided to proceed to a formal disciplinary hearing.
The patient was convicted of manslaughter, following which a further inquiry was commissioned in accordance with Department of Health guidelines. This third report was delivered in October 2006. The trust then suspended Dr Mezey from all her duties, including her academic duties. Dr Mezey obtained an injunction restraining the trust from suspending her, having given a voluntary undertaking not to carry out clinical duties pending a further investigation that was due to be carried out by a panel.
No serious fault
The report was supportive of many aspects of Dr Mezey’s treatment of her patient. It found her to be a highly experienced, conscientious and distinguished clinician and academic who was widely regarded as an asset to her profession. However, it also found that the decision to allow the patient unescorted leave was inappropriate, even though it was satisfied that other competent consultants at the time might have made the same decision. It was clear that this did not amount to serious professional incompetence. It concluded that no serious fault had been proven.
Despite this, the trust attempted to set up a formal disciplinary hearing to consider whether or not any disciplinary action should be taken against Dr Mezey, up to and including dismissal. This led Dr Mezey to commence further proceedings against the trust to prevent it from holding a disciplinary hearing and from continuing to exclude her from clinical work.
This caused the trust to reconsider its position. It agreed to lift Dr Mezey’s exclusion from clinical work. Further, it indicated that dismissal would be excluded from the potential outcomes, meaning they would be restricted to various warnings and reprimands. However, its stance remained that it wished to convene a disciplinary hearing to consider the report and the possibility of a warning or reprimand.
The Court of Appeal, found that in the relevant circumstances there was simply no basis for the trust to continue its disciplinary procedure and hold a disciplinary hearing.
Complex procedures
This is a reminder of the complexity of the contractual disciplinary procedures that apply to employment in many parts of the public sector, not only the NHS, and the potential legal consequences if they are not followed properly. In light of failures by the trust to follow the applicable contractual procedures, Dr Mezey was twice successful in obtaining an injunction relief from the Court of Appeal: first in relation to her suspension, and second in relation to the continuation of internal disciplinary proceedings.
This case, like recent cases examining if and when employees are entitled to legal representation in disciplinary proceedings, illustrates how careful public sector employers need to be in disciplinary cases.
We can turn this to your advantage. You are not alone.
We specialise in applications for entry to the specialist registrar, and registration appeals and appearances before registration appeal panels. Our expertise includes plastic surgery, general surgery, opposition from the Royal College of Surgeons and demonstrating skill equivalence.
We can help with speciality specific guidance and in relation to PMETB (as it was).
We can advise you in relation to the requirements of good clinical care, maintaining medical practice, teaching, training, appraising and assessing, preparation for a successful application or if refused appeal.
We can help you with both written and oral appeals.
We offer highly competitive fixed fees and expert advice.
GMC docs for download
- EU rights
- Fitness to Practice R25-27198
- Fitness to Practice R25-27199
- GMC Guidance on Convictions, Cautions and Determinations
- Standard of Proof
- Glossary of Terms
- IOP Conditions
- Medical Grades
- Doctors FAQs
We can help – Consult the experts – Call us on 020 7381 8111 or email law@rhplaw.co.uk and see how we can help you defend your case concerning the General Medical Council laws.
Contact the team of medico-legal advisers, 24-hours a day on 020 7381 8111 or email law@rh-p.net
PLAB stands for Professional and Linguistics Assessment Board – (PLAB)
We can advise on exemption from the PLAB test
See gmc-uk.org/EC_rights_factsheet.pdf_30369467.pdf for possible exemptions.
PROFESSIONAL AND LINGUISTIC ASSESSMENTS BOARD (PLAB)
Factsheet on rights for nationals of European states and those with an enforceable Community right
Under certain circumstances individuals who are “exempt persons” can benefit from the provisions of the Medical Act.
This is an extremely complex area and this guidance gives only general information. If you believe you benefit from an EC right, you are strongly advised to seek professional advice from a lawyer specialising in rights for nationals of European states and those with an enforceable Community right. The GMC cannot give you advice and it is your responsibility to demonstrate to the GMC the existence of such a right.
We can help – Consult the experts – Call us on 020 7381 8111 or email law@rhplaw.co.uk and see how we can help you defend your case concerning the General Medical Council laws.
Who is an “exempt person”?
There are different ways an applicant may qualify as an exempt person. These are:
1. Nationals of EEA states (other than UK nationals) and Swiss nationals;
2. UK nationals with enforceable Community rights by virtue of having resided in another relevant European state as a worker, self employed person, student or self-sufficient person or (in the case of an EEA state) pursuant to the three month right to reside under the Citizenship Directive;1
3. Those who are not nationals of an EEA state or Switzerland and who are:
a. the spouse/civil partner/partner (for a definition of partner see below) registered under the law of an EEA state of:
i. a non-UK EEA 202 national in the UK as a worker, self-employed person , or self sufficient person, or pursuant to the three month right to reside under the Citizenship Directive;
ii. a UK national having resided in another relevant European state as a worker, self-employed person, or self sufficient person, or (in the case of an EEA state) pursuant to the three month right to reside under the Citizenship Directive;
iii. a EU-83 or EU-24 national in the UK as a self-employed person, or self-sufficient person;
b. the descendant aged under 21 years, dependent descendant or dependent relative in the ascending line of an EEA national as defined in (a) (i)-(iii) above, or of their spouse or civil partner or the extended family member of such a person having been given the right to reside in the UK;
c. the spouse/civil partner/partner of an EEA national in the UK as a student for more than three months or of a UK national having studied for more than three months in another relevant European state, or the dependent child of such an EEA or UK national or their spouse or civil partner;
d. a person previously falling into one of the categories in (a)-(c) above who has retained their Community rights following the death or departure of the EEA national from the UK or following divorce, annulment of marriage or termination of the civil partnership, under the conditions described in Articles 12-13 of the Citizenship Directive.
e. the spouse/civil partner/partner, descendant under 21 or dependent descendant of an EU-8 national working legally in the UK (i.e. for an authorised employer or no longer subject to registration) who is legally residing with the EU-8 national in the UK;
f. the spouse/civil partner/partner, descendant under 21 or dependent descendant of an EU-2 national working legally in the UK (i.e. for an authorised employer or no longer subject to authorisation) who is or has been legally residing with the worker in the UK;
i. since before 1 January 2007; or
ii. for at least 18 months (NB this cannot be before 1 July 2008, or the family member will fall into the previous category);
iii. after 1 January 2009
g. the spouse/civil partner/partner, child under 21 or dependent child of a Swiss national in the UK as an employed worker, a self employed person, a student or self sufficient person.
Proof of exemption
1. EEA and Swiss nationals only need to provide a valid passport or ID card, or a registration certificate or permanent residence card issued by the UK Home Office.
2. UK nationals must provide proof of citizenship and proof that they have a community right, namely:
a. In the case of applicants under sections 3(1)(b), 14A or 15A of the Medical Act, the possession of the relevant European qualification required for registration under those sections; otherwise either
b. a registration certificate or permanent residence card issued by another EEA state, or a Swiss residence permit; or
2
c. other evidence of employment, self-employment, study, self-sufficient residence in another relevant European state, or of other residence for under three months in another EEA state; or
3. non-EEA family members of EEA or Swiss nationals should provide proof of citizenship and either the documents in (a) below or evidence of the matters in both (b) and one of (c) or (d) , and (e) where relevant:
a. An EEA family permit, residence card or permanent residency card issued by the UK Home Office; or (except in the case of an extended family member)
b. Proof that they are the family member of an EEA/Swiss national, i.e.
i. proof of the nationality of the relevant EEA/Swiss national;
ii. proof of the relevant family relationship;
iii. where required, proof of dependency on the EEA/Swiss national or their spouse or (where relevant) civil partner in the family member’s state of origin or the state from which they have come;
iv. in the case of family members of EU-2 and EU-8 workers, proof that they are residing with the EEA national in the UK;
c. In the case of family members of a non-UK national, proof that the EEA/Swiss national is in the UK as a worker, self-employed person, student or self-sufficient person or, in the case of an EEA national, has been resident in the UK for under three months;
d. In the case of family members of a UK national, proof of the UK national’s exercise of Community rights through;
i. a registration certificate or permanent residence certificate issued by another EEA state or a Swiss residence permit; or
ii. other evidence of employment, self-employment, study, self-sufficient residence in another relevant European state, or of other residence for under three months in another EEA state;
iii. other evidence that the UK national, through residing in the UK, is exercising their right to travel to other EEA states or Switzerland to provide services there.
e. In the case of family members of a non-EEA national claiming to have retained their Community rights following the death or departure of the EEA national from the UK or following divorce, annulment of marriage or
Documentary evidence required
Please note this list is not exhaustive and you should review the examples given that are most appropriate in your individual case.
1. Proof of EEA or Swiss nationality; a valid passport, ID card, or UK Home Office issued registration certificate or permanent residency card.
2. Proof of UK nationality; a valid passport or ID card, or other sufficient proof of nationality, e.g. naturalisation document.
3. Proof of employment; letter from employer or certificate of employment; if relevant, evidence of temporary inability to work, or of involuntary unemployment and registration as a job-seeker, or vocational training. In case of EU-2 and EU-8 workers, there must also be evidence that the employment is authorised, i.e. is in accordance with the EU-2 national’s work authorisation or the EU-8 national’s registration.
4. Proof of self employment; for example a set of self employed accounts or letter from an accountant.
5. Proof of student status; a letter from the educational establishment attesting to attendance or enrolment, or where past attendance is relevant (e.g. UK citizen returning after studying abroad), a certificate or diploma attesting to the completion of a course. In the case of EEA/Swiss nationals in the UK as students for more than three months, proof should also be furnished of medical insurance for the student and their family members together with declaration of sufficient resources;
6. Proof of self-sufficient residence; for periods after three months some evidence of resources (e.g. bank statements, investment certificates) will be needed.
7. Other proof of exercising the right to reside for up to three months in another EEA state; evidence of the purpose of the trip and activities engaged in during the period.
8. Proof of dependency; a certificate of dependency issued by the family member’s state of origin or the relevant European state from which the EEA/Swiss national and family member are coming to the UK, or other evidence that EEA/Swiss national provides material support to the family member on the relevant state.
Partner
9. Directive 2004/38/EC of the European Parliament relates to the right of citizens of the European Union and their family members to move and reside freely within the European Union. The Directive extended the definition of the family to a certain extent.
10. Article 2(2) of the Directive defines “Family member” as meaning the spouse or the partner with whom the EU citizen has contracted a registered partnership.
11. However, Article 3(2) goes on to say that without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host member state shall in accordance with its national legislation facilitate entry and residence for a partner with whom the EU citizen has a durable relationship, duly attested.
12. Article 3 requires the member state to undertake an extensive examination of the personal circumstances of the relationship in order to justify or deny entry or residence to those people who claim to have a durable relationship.
13. The Directive therefore serves to improve the position of unmarried cohabitants as the previous legislation did not require member states to facilitate the entry and residence of a worker’s partner.
14. The Immigration (European Economic Area) Regulations 2006 implemented into the UK the provisions of the Directive.
15. Regulation 7 defines “family member”. The primary category is that of spouse or civil partner but the definition also states at 7(3):
“a person who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card shall be treated as the family member of the relevant EEA national for as long as he continues to satisfy the conditions in regulation 8(2),(3),(4) or (5) in relation to that EEA national and the permit, certificate or card has not ceased to be valid or been revoked”.
16. Regulation 8(5) states that if a person is the partner of an EEA national (other than a civil partner) and can prove to the decision maker that he or she is in a durable relationship with the EEA national, he or she satisfies the condition of a being a “family member”.
17. The Directive and Regulations have therefore updated the definition of the family and now confer EC Right protection upon unmarried cohabitants who are in a durable relationship.
18. Any assessment of whether you are in a durable relationship will be carried out by the member state in which you apply for residence. They will provide you with
As stated previously this is an extremely complex area and this guidance gives only general information. If you believe you benefit from an EC right, you are strongly advised to seek professional advice from a lawyer specialising in rights for nationals of European states and those with an enforceable Community right. The GMC cannot give you advice and it is your responsibility to demonstrate to the GMC the existence of such a right.
Please refer to the EU commission web site for more information and documentation (including a list of which countries are in the EEA and the Citizenship Directive) – http://europa.eu
Other useful links are
SOLVIT – http://ec.europa.eu/solvit/
Citizens Signpost Service (CSS) http://ec.europa.eu/citizensrights/front_end/index_en.htm.
1 Directive 2004/38/EC
2 The 15 pre-2004 EU Member states (Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom), Cyprus, Malta and the three non-EU EEA states (Norway, Iceland and Lichtenstein)
3 The eight accession states joining the EU in 2004 (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia)
4 The 2 accession states joining the EU in 2007 (Bulgaria and Romania)
The Psychiatrist -
Sponsorship of overseas qualified doctors – exemption from the PLAB test
The General Medical Council has recently reviewed the arrangements for granting exemption
from the PLAB test to overseas doctors. Although it will still be open to consultants to request
limited registration with the General Medical Council for individual overseas qualified doctors
whom they wish to train, these requests will in the future be made through the appropriate
Royal College in the first instance.
The attention of members of the College is drawn to the following notice which originally
appeared in the December 1993 issue of the General Medical Council News Review.
Advice to consultants wishing to sponsor doctors from overseas for exemption from the PLAB test
If you are planning to arrange for an overseas doctor to come to the United Kingdom for training and wish to obtain exemption from the PLAB test for him or her, you should approach the
appropriate Royal College who will be able to guide you through the process of obtaining
registration for the doctor.
Here is a quick check-list which may be helpful.
You should seek advice from the appropriate Royal College about the procedures to be completed and the length of time this will take initiate the process at least six months before the doctor arrives here
provide the Royal College with as much information as possible about the doctor’s qualifications and experience – : some primary medial qualifications granted overseas are not accepted by the GMC for any form of registration be in a position to provide the Royal College
with details of your knowledge of the doctor’s sponsors overseas ensure that the doctor is advised to bring to the United Kingdom the originals of his or her degree diplomas, medical college certificates (and marriage certificate, if relevant).
You should not allow the doctor to take up employment until the GMC has confirmed the grant of limited registration.
We can help – Consult the experts – Call us on 020 7381 8111 or email law@rhplaw.co.uk and see how we can help you defend your case concerning the General Medical Council laws.
ethics:
http://www3.imperial.ac.uk/cpd/courses/subject/medical/ace/
http://www3.imperial.ac.uk/cpd/courses/subject/medical/medeth
http://www.medicalprotection.org/uk/education-and-events/mastering-adverse-outcomes
http://www.the-mdu.com/section_GPs_and_primary_care_professionals/topnav_Our_services_5/
nav_Education_and_Training_5/subnav_Medical_Ethics_and_Law_Workshops_2.asp
http://events.rcplondon.ac.uk/ – various
http://www.rcgp.org.uk/courses__events.aspx – various
We can help – Consult the experts – Call us on 020 7381 8111 or email GMC IOP Conditions Bank – click here to download
Guide to Registration in UK to become a fully qualified doctor
You wish to become a fully qualified doctor, perhaps by undertaking Foundation Year training in the UK
You are aware that International Medical Graduates must undertake the Professional and Linguistic Assessments Board (PLAB) test to demonstrate that they have the necessary skills and knowledge to practice medicine in the UK. However, you have been told that those who have exercised “EC rights” are exempt from this. You wish to know whether you have done so.
Applicable Law
EC Treaty
Immigration (European Economic Area) Regulations 2006
The way forward
If you wish to apply for registration, or you been turned down and wish to apply again we can help. We will provide the General Medical Council with proof of the study and/or work, and ask them to exempt you from the PLAB on this basis. We handle the whole process.
We do a lot of medico/ legal, GMC work, and Hospital Trust work and have an excellent track of success.
In many areas of law, a lawyer can give an opinion on the merits or strength of a case prior to a decision on going ahead.
Unusually in this area of law, the best way to give an opinion on the strength is to actually complete the Application with the supporting documents. To file an Application costs no more, and takes no longer than giving the opinion.
We therefore offer the inclusive guaranteed £950 including VAT package which might suit you.
National Foundation Programme
If you need advice on National Foundation Programme applications, refusals or appeals, you have come to the right place.
We can help – Consult the experts – Call us on 020 7381 8111 or email law@rhplaw.co.uk and see how we can help you defend your case concerning the General Medical Council laws.
We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland
If you have a problem over an examination or qualification we can help – Consult the experts – Call us on 020 7381 8111 or email law@rhplaw.co.uk and see how we can help you defend your case concerning the General Medical Council laws.
The Nursing and Midwifery Council (NMC)
The NMC is the regulator for nurses and midwives in the UK, maintain a register of all of the nurses and midwives in the UK and decide who are able to call themselves a registered nurse or midwife.
They set requirements for nurses and midwives and we take firm action where those requirements have not been met. They can remove a nurse or midwife from our register or
Hylton- Potts are experts on their Fitness to Practise Rules.
If you have a problem with the NMC consult the experts, 24hrs a day on 020 7381 8111 or email law@rh-p.net
