Legal Advice & Representation for MPTS Hearings

The Medical Practitioners Tribunal Service (MPTS) is an independent body responsible for adjudicating on cases of medical misconduct in the UK. When a doctor’s fitness to practise is called into question, the MPTS conducts hearings to determine whether the doctor is fit to continue practising medicine. These hearings are crucial, as they can significantly impact a doctor’s career, reputation and future.

Facing an MPTS hearing?

Have you been called to an MPTS hearing following a GMC investigation? The experience of dealing with the MPTS can be overwhelming for any medical professional. At Clifford Johnston & Co., we offer robust legal representation to doctors facing fitness to practise allegations. Our team, led by experienced regulatory defence lawyer and Partner, Jared McNally, is committed to protecting your professional reputation and livelihood, providing clarity and support at each step of the process.

When the GMC completes its investigation into allegations against a doctor, it may refer the case to an MPTS tribunal hearing. At this critical point, having experienced legal representation is essential. The MPTS strongly advises doctors to seek legal representation due to the complex nature of these hearings. Should you choose to represent yourself, you must prepare your own defence, articulate your case, and cross-examine witnesses and experts, which can be extremely challenging without the correct legal expertise.

We take a meticulous approach to MPTS proceedings and remain dedicated to obtaining the best possible outcome for our clients. We understand the immense stress and anxiety which accompanies professional discipline allegations and we are here to help alleviate that burden. Our goal is to ensure that you receive the highest standard of legal representation, guiding you through each stage of the investigation with clear, concise advice.

If you are facing a referral to an MPTS hearing, you do not have to go through the process alone. Trust our experienced GMC solicitors to provide the expert legal representation you need.

Understanding MPTS hearings

It is crucial to understand that MPTS proceedings are far from straightforward. If your GMC investigation leads to an MPTS hearing, be prepared for a formal, complex and potentially antagonistic process. The panel, headed by a legally qualified chair, will conduct a thorough and lengthy examination of the case.

Preparing for an MPTS hearing involves numerous convoluted processes and steps, which you will require expert legal representation to navigate accurately. These include:

1. Case management: The GMC will notify the MPTS when they refer a case to a hearing. The MPTS has extensive case management powers and it will set directions and allocate a hearing date. The parties are expected to participate in an initial telephone conference  where the panel will set a timetable for disclosure of evidence, including statements.  It is very important to comply withe the directions set by the MPTS to avoid  any adverse consequences.

2. Decision to attend the MPTS hearing: Doctors must decide whether to attend their tribunal hearing or submit written submissions instead. Non-attendance may result in the hearing proceeding in their absence. In our experience, it is usually very unwise not to attend any such hearing if the doctor wishes to continue practising.

3. Preparation, submission and presentation of evidence: Doctors must prepare, submit and present their evidence. We can help drafting witness statements, which may include insight, reflection and remediation.  In addition, we can prepare a defence bundle of documents,  instruct experts and obtain testimonies.  We will also ensure that the GMC is only allowed to present evidence which is both admissible and relevant.

4. Following practices and procedures: Failing to comply with rules or case management directions can lead to adverse inferences,  including the exclusion of evidence and/or costs being awarded against the doctor.

5. Stages: An MPTS hearing has multiple stages for presenting evidence and arguments.  Stage 1 is known as the ‘fact finding’ stage.  The Tribunal will hear evidence from both parties and decide whether facts are found proved.  If any facts are found proved, the case proceeds to Stage 2, known as the ‘Impairment’ stage. This involves the tribunal deciding if the doctor’s is safe to continue working in medicine and treating patients.  If the tribunal finds the doctor’s fitness to practise is impaired, the hearing proceeds to stage 3, namely ‘sanction’.

It is crucial to understand your roles and rights during MPTS proceedings. Having expert legal representation on your side will ensure compliance, preparation and effective engagement at each stage of the process.

Do you need MPTS legal representation?

Research shows that legally represented doctors face more favourable outcomes, whilst those lacking representation face more severe consequences. According to previous studies, of the two outcomes—suspension or erasure—doctors supported by a qualified solicitor at hearings are more likely to be suspended than struck off, whilst self-represented doctors face significantly higher chances of being struck off.

With this in mind, it is crucial that you instruct legal representation immediately when notified by the GMC that you are required to attend an MPTS hearing. Seeking professional guidance at the earliest possible opportunity means that a qualified individual can undertake a full assessment of your case and work alongside you on the necessary steps to address the allegations and concerns. Clifford Johnston & Co has represented medical professionals before the MPTS panels for many years. With us in your corner, you can feel confident that you are receiving the highest standards of legal representation.

Contact us for MPTS Representation today

If you are facing professional disciplinary action and require MPTS representation, you can count on us to defend your reputation and limit any damage to you . With over 30 years of experience, we have a wealth of knowledge in how to deal with GMC cases and MPTS panels, which we utilise to secure the best possible outcome.

Our regulatory law solicitors take pride in the professional discipline legal services which we provide and the positive impact it has on our clients. We are known for our professionalism, attention to detail, and clear, transparent pricing. Our experienced lawyers are experts in their field, dedicated to providing the highest standards of legal representation and access to exceptional legal advice.

At Clifford Johnston & Co, we understand the stress and uncertainty of facing disciplinary action. That’s why we offer a caring, client-focused approach, ensuring that you feel supported every step of the way. Our niche areas of law and commitment to affordability mean you receive top-tier legal services without unexpected costs.

If you’d like to speak to a team member, call us today or fill in a contact form, and we’ll get back to you as soon as possible. We represent doctors across the United Kingdom.  Trust in our expertise, and let us help you navigate this challenging time with confidence.