Mr Justice Edis has rejected a high profile judicial review challenge brought by a former Deputy Chief Medical Officer (Dr Adam) against the General Medical Council, arising out of its decision to close down her complaint against the Medical Director of the NHS, Professor Sir Bruce Keogh. Dr Adam had sought to argue that Sir Bruce Keogh’s failure to resolve a complaint about patient care brought to his attention by Dr Adam was capable of amounting to professional misconduct and therefore should have been investigated by the GMC under its fitness to practise procedures. Mr Justice Edis held that as Sir Bruce Keogh had no responsibility in his role as NHS Medical Director for the clinical care of patients in any particular hospital, his failure to resolve a concern about patient care could not engage the GMC’s disciplinary jurisdiction. This case concerns the proper scope of the GMC’s disciplinary powers in relation to doctors in managerial positions, following the cases of Remedy UK Ltd and Roylance.
The full judgment can be read in the attached document.
Catherine Callaghan acted for the GMC.