Where a Practitioner is subject to a complaint brought to a regulator, such as the GMC, provisional enquiries will be made into the concerns raised. Depending on the seriousness of the concerns and the evidence obtained, a Practitioner may be referred to an Interim Orders Tribunal (“IOT”) hearing.

The IOT comprises three adjudicators, one from a legal background (who usually acts as the legally qualified chair), one from a medical background and one member of the public, who will consider whether a Practitioner’s registration should be restricted on an interim basis. The IOT can impose restrictions, including a temporary suspension period or the imposition of conditions on registration, such as working under a clinical supervisor. Any restrictions are set out in an Interim Order.

What is an Interim Order?

An Interim Order can only be imposed where the IOT is satisfied, following a short hearing, that a Practitioner’s fitness to practise may be impaired and that this impairment poses a real risk to members of the public, may adversely affect the public interest or affect the interests of the Practitioner. The Order imposed must be necessary, proportionate, and workable so that it can be enforced by the GMC through review hearings every six months.

How long can an Interim Order last?

An Interim Order is typically tied to the substantive GMC investigation, which runs parallel to the Interim Order process. Where the investigation remains ongoing with concerns remaining, the GMC and Practitioner can continue assessing and challenging whether an Interim Order remains necessary.

The maximum length of an Interim Order at first instance is 18 months. This is then reviewed at least every six months, where the Practitioner and GMC can put forward further evidence which may maintain, vary or dismiss the Order entirely. These reviews can occur sooner than every six months if either party raises sufficient reason.

At the end of the period of the Interim Order, the GMC must apply to the High Court if it wishes to extend the Order. Substantial evidence must be presented to the High Court by the GMC to justify this extension, generally in the form of an update on progress made in the GMC investigation and the allegations being investigated. A Practitioner can challenge the extension of an Interim Order; however, they must present similarly substantial evidence to indicate that the Order is no longer necessary or is not workable.

What can you do if you are called to an IOT?

  1. Contact your indemnifier as soon as possible. IOT hearings can take place at very short notice, so it is imperative to deal with preparation in a timely manner. Your indemnifier may instruct solicitors to assist you and provide appropriate advice, support and representation.
  2. Think about what evidence you can provide that demonstrates your commitment to your professional development and responsibilities. This includes attending training courses related to any concerns raised or appraisals that show your reflection on the allegations and steps taken to address these.
  3. Consider how an Interim Order would impact your day-to-day practice and, if possible, prepare for all eventualities. For example, an Interim Order of conditions requiring a workplace supervisor could be imposed immediately after the hearing. You may not be able to work until a workplace supervisor is approved by the GMC, so it is helpful to consider this sooner rather than later.
  4. Ultimately, an IOT hearing is an opportunity for the Tribunal to conduct a risk assessment based on the complaint received. It is not an opportunity to contest the facts or allegations, and no findings of fact will be made during the hearing. This can be a challenging experience if you feel that an unfair or exaggerated complaint has been made; however, there will be an opportunity to address the facts in the parallel substantive investigation.

How do you remain compliant with an Interim Order?

Remaining compliant with an Interim Order is the responsibility of you, the Practitioner, and the GMC will make enquiries about the contents of the Order if appropriate.

Where there is an Interim Order of conditions, a Practitioner must comply with their conditions and provide any documentation requested as part of the Interim Order at the correct time. There are several standard conditions, such as providing all relevant contact details for you, your Responsible Officer, and, if appropriate, your supervisor to the GMC within seven days of the imposition of an Order. It may be helpful to set regular reminders for any deadlines within an Order.

Where an Interim Order of suspension is imposed, a Practitioner is required to cease practising as a doctor for the duration of the Order, or until the Order is varied to conditions, and not provide medical care, advice or assistance regulated by the GMC. This may include updating website information or social media pages if appropriate to mitigate any concerns the GMC raises that a Practitioner could still be practising whilst suspended.

Solicitors for GMC Fitness to Practise proceedings

Should you have any questions regarding GMC Fitness to Practise proceedings, please don’t hesitate to contact Richard Creamer or Lily Rose Lloyd from our Healthcare Regulatory department at 01483 451 900 or email directly to richard@gordonsols.co.uk or lily@gordonsols.co.uk.

For more about interim orders, Susan Hunneyball recently featured in Chemist + Druggist discussing interim orders for pharmacy professionals, including what to do if issued with one.

About the Author

Larissa Glass
Solicitor