The High Court has accepted new undertakings from a doctor facing a Medical Council complaint, instead of suspending his registration or prohibiting him from practising medicine while the regulatory process continues.
In an ex tempore judgment delivered on 29 July 2022, President of the High Court David Barniville said the balance in the case only “barely” favoured the undertakings. The doctor had agreed to them at a hearing on 27 July. The court required him to give them on oath, either at the judgment hearing or by affidavit within seven days.
The Council’s application under section 60 of the Medical Practitioners Act 2007 sought interim suspension orders. Its complaint arose from the doctor’s disclosures about criminal convictions and information supplied in annual registration forms. The underlying complaint is still under investigation; the court did not determine it or make findings on the disputed circumstances of the driving incidents.
The doctor had previously given undertakings to the court in December 2021, including to comply with driving and insurance laws. He admitted breaching that undertaking in February 2022, when he was stopped driving while disqualified and uninsured. He said he had been taking his wife to hospital after she collapsed. He pleaded guilty in the District Court and received a five-month prison sentence, which was under appeal at the time of the High Court hearing.
The Council said the breach, the doctor’s failure to disclose the incident to it earlier, and concerns about compliance meant further undertakings would not adequately protect the public. The doctor disputed that his conduct posed a risk to patients and relied on positive professional references. He said he had not used alcohol or illegal substances since August 2021 and was willing to comply with further conditions.
The judge said the court had no evidence at that stage demonstrating a threat to the health, safety and welfare of the doctor’s patients. He noted the positive references, while also describing the admitted driving conduct as discreditable and the delayed disclosure as reflecting badly on the doctor. He made no finding about the explanation for the February incident, noting it could be considered in the criminal appeals or regulatory proceedings.
The new undertakings include health-related cooperation and testing, advance notice to prospective employers and the Council before taking up work, and a notice on the Council’s public-facing register directing readers to its Professional Standards Department for information. The judge warned that any breach could almost inevitably lead to suspension orders.
He also directed the doctor to urgently provide information requested by the Council’s Health Committee and Preliminary Proceedings Committee, including details of convictions under road traffic and misuse of drugs laws. The case was listed for review on 7 October 2022. The judgment was amended and redacted on 21 December 2022.