Tribunals ‘falling short’ in addressing sexual misconduct among doctors – report

Sanctions for doctors found guilty of sexual misconduct may be too lenient in around a quarter of cases, a report suggests.

Nearly 24% found guilty of sexual misconduct were allowed to continue practising following a suspension after a Medical Practitioners Tribunal Service (MPTS) case, despite the General Medical Council (GMC), the regulator for doctors in the UK, calling for them to be struck off.

These medics were handed suspensions instead of being struck off the medical register.

The research, published in The Bulletin of the Royal College of Surgeons (RCS) of England, saw experts analyse 222 new MPTS tribunal cases between August 2023 ad August 2024.

Of these, 55 cases were due to sexual misconduct, including accusations of rape, sexual assault, harassment and offences against children.

Nine were found to be not proved, or not impaired, by the MPTS tribunal.

And the MPTS tribunal imposed the same sanction as that proposed by the GMC for 35 of the 46 sexual misconduct cases.

But in 11 cases where the GMC had proposed that the medic should be erased from the medical register, the MPTS decided against this and decided on suspension only.

All 46 were male doctors, with four in five holding positions of authority.

The authors conclude that the disciplinary process against doctors involves an “over-reliance on subjective evidence”, which can lead to inconsistent sanctions for similar offences.

“We hope this study aids the MPTS to reflect on whether it delivers its aims of protecting the public, ensuring doctors meet professional standards and promoting public confidence in the medical profession,” said Mei Nortley, consultant vascular surgeon, and lead author of the research.

“Allowing rapists, sexual predators and those who use manipulation and coercion to return as practising doctors brings this into question.”

RCS England said the findings of the new review, along with the experiences of those who have come forward, show the current system of medical regulation is “failing targets of misconduct”.

Commenting on the findings, Professor Vivien Lees, vice president of RCS England, said: “This important research highlights deeply concerning inconsistencies in sanctions for sexual misconduct cases before MPTS tribunals.

“These failures risk leaving perpetrators in power and eroding trust in the profession.”

It comes as a separate paper published in The BMJ, penned by Ms Nortley and colleagues, highlights how earlier this year an acute medical consultant who was found guilty of committing rape by an MPTS tribunal was handed a 12-month suspension because it was deemed to be a “one-off event”.

A 2024 case saw a transplant surgeon given an eight-month suspension for misconduct spanning a decade, including abusing power such as targeting his trainees and non-consensual touching during surgery.

The GMC had called for the medic to be struck off.

Another case highlighted in the report is that of a doctor who instigated a sexual relationship with a vulnerable patient “whom he had pursued and groomed from the age of 14”.

The medic was suspended from the register for 12 months, with the tribunal panel citing evidence of “insight, remediation and remorse”.

“These cases raise questions about the adequacy of protection for victims and the public and affect public confidence in the medical profession,” the authors of the paper wrote.

Ms Tamzin Cuming and Professor Carrie Newlands, on behalf of the Working Party on Sexual Misconduct in Surgery, said in a statement: “The current system fails staff, fails patients, and fails to guarantee an environment that delivers safe care.

“Without reform, powerful perpetrators will continue with impunity. Targets will remain silenced, knowing that reporting to a system designed to protect perpetrators, not patients, risks their careers.

“Right now, the system gives little more than a slap on the wrist for abuse, when only erasure and accountability can ensure safety.”

The GMC said it takes a “zero tolerance” approach to sexual misconduct.

The regulator’s spokesperson added: “In cases of sexual misconduct, we will often ask for the doctor to be struck off the medical register. Where we feel the sanctions applied by the independent tribunal are too lenient – we can, and do appeal.

“A significant proportion of our appeals are successful and result in stronger sanctions.”

A spokesperson for the Medical Practitioners Tribunal Service said: “We recognise the impact of our work and tribunal decisions on the lives of all those involved in our hearings.

“It is important that doctors have a fair hearing, that thoroughly assesses all the evidence presented by both the GMC and the doctor and that the tribunal comes to an impartial decision.

“We will soon publish a new suite of guidance for tribunals, covering all aspects of our hearings.

“It will draw together existing guidance and recent case law, as well as best practice from other jurisdictions, to assist tribunals in reaching consistent and well-reasoned decisions.”

Published: 19/09/2025 by Radio NewsHub