Aaalamani, R (on the application of) v General Medical Council

A regulatory appeal may be determined in the appellant’s absence where the court is satisfied that the appellant received proper notice and service. A fitness-to-practise panel is entitled to suspend a doctor from the medical register where he has failed to comply with conditions requiring retraining and supervised practice, particularly where those conditions address identified concerns about professional competence and public safety. An appeal lacking any arguable ground is dismissed, ordinarily with costs.

The claimant appealed against a decision of the General Medical Council’s Fitness to Practise Panel made on 22 July 2005, which suspended him from the Register for 12 months. The panel had found that he had not complied with conditions requiring structured retraining and supervised practice. He had also failed to attend the panel hearing and did not attend the appeal hearing. The central issues were whether the appeal could fairly proceed in his absence and whether the panel had been justified in imposing suspension.

1. Proceeding in the appellant’s absence. The court was satisfied that the appellant had been properly served with notice of the hearing. His failure to attend did not prevent the court from determining the appeal.
2. Merits of the appeal. The conditions imposed after concerns about the appellant’s professional knowledge and performance required structured retraining, educational supervision, restricted practice and close consultant supervision. The appellant had complied with none of those conditions, and there was no suggestion that he had done so. In light of that non-compliance, the history of the proceedings and the underlying complaints, the panel was fully justified in concluding that suspension from the Register was necessary.
3. The material advanced by the appellant disclosed no arguable ground of appeal. The appeal was therefore dismissed as totally without merit.
4. The appeal was dismissed with costs. Costs were assessed at £3,773, subject to written representations by the appellant within 21 days and any reply by the General Medical Council within 14 days.

• General Medical Council Fitness to Practise Panel: On 22 July 2005, the panel suspended the appellant from the Register for 12 months after finding that he had failed to comply with conditions requiring retraining and supervised practice.
• High Court (Administrative Court): The appeal was dismissed with costs.