MPTS Hearings

Interim Orders Tribunals

Upon the GMC commencing an investigating they may at any stage make a referral to the Interim Orders Tribunal (“IOT”) to restrict your practice and registration. As its name suggests the IOT is an interim process.

For example, if the allegation is that your health is causing practise difficulties, the GMC may seek a condition limiting your hours of work while they investigate. The restrictions may be imposed if it is found that it is necessary to protect the public, protect you or your health or it is in the public interest to do so because proper standards of behaviour or confidence in the profession must be protected.

Magnifying Glass 1
  • The hearings are likely to take place remotely by Microsoft Teams and they are usually private. They may be public only if it is in the public interest or you request it is heard publicly.
  • The Tribunal consist of a legally qualified chair, a medically qualified tribunal member and a lay member.
  • The GMC will usually be represented by a barrister who will present the case as to why conditions or suspension may be necessary.
  • Witness evidence is not usually provided and the Tribunal relies on submissions from the GMC and you in deciding whether any interim restrictions need to be ordered.
  • Where we act for you we would strongly recommend and draft a skeleton argument setting out your position in reply to the GMC’s.
  • You should be given seven days’ notice of the hearing and the GMC should prepare a bundle which should be sent to you and filed at the MPTS.
  • 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.
Halsburys Statutes 1 (1)

It should be proportionate to the perceived risk and it should be no longer than necessary for the investigation and/or MPTS hearing to complete. For example, if there is an allegation you have been wrongfully issuing prescriptions, a condition may be imposed barring you from issuing prescriptions. If an order is imposed on you then it must be reviewed at 6 monthly intervals. A review can take place on the papers where there is agreement between you and the GMC, a review on the papers spares you or the GMC having to attend a hearing. 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 any health matters.

Please note that this is an overview only of the salient issues relating to hearings and cannot be relied upon as advice on your case. For full advice on procedure and legal issues please contact us directly and we will be pleased to assist you.