17/06/2026
We have instructed solicitors and are considering next steps over the government’s plans to retain and extend the GMC’s power to appeal decisions of the Medical Practitioners Tribunal Service (MPTS).
We’ve taken legal advice on the Department of Health and Social Care’s consultation on the draft General Medical Council Order 2026.
We’re now weighing our position alongside the British Medical Association (BMA), which has begun legal proceedings against the government over the same issue.
The draft Order proposes preserving and widening the GMC’s right of appeal against MPTS decisions, which is a significant reversal of the policy consensus reached after the Bawa-Garba case.
Following the independent Williams Review in 2018, the government accepted that the GMC’s right of appeal against MPTS decisions should be removed, in order to strengthen the independence of medical adjudication and rebuild doctors’ trust in the regulator. The draft Order abandons that commitment.
DAUK also shares the BMA’s concern that the consultation misrepresents the findings of Lord Mann’s review and fails to give consultees enough information to respond meaningfully – raising questions about whether the consultation process is lawful.
DAUK co-chair Dr Matt Kneale said: “Eight years ago, after the Williams Review, the government accepted that the GMC should lose its power to appeal tribunal decisions – the very power used against Dr Bawa-Garba, which did such lasting damage to doctors’ trust in the GMC.
“For ministers now to quietly retain and even extend that power, through a consultation that doctors say misrepresents the evidence and gives them too little to respond to, breaks that promise.
“We have taken legal advice and, alongside the BMA, we are actively considering our next steps.”
https://dauk.org/dauk-challenges-government-over-plans-to-retain-and-extend-gmcs-tribunal-appeal-powers/