GMC sets out new guidance on sexual misconduct by doctors

The GMC has put out new guidance for both patients and employers on sexual misconduct by GPs and other doctors.

Following a review of how it deals with sexual misconduct cases, the regulator has updated its guidance on the ‘five-year rule’ to introduce more flexibility for victims who may experience ‘trigger events’ after five years.

The GMC has also suggested it would tighten ‘interim orders’ for GPs and other doctors accused of sexual misconduct, following research which showed the ‘limitations’ of using chaperones as an interim restriction.

In its guidance to employers, the regulator said that GP practices and trusts have a ‘critical role’ in identifying and tackling sexual misconduct perpetrated by doctors.

It encouraged employers to take ‘timely action’ when a concern is raised about a doctor’s practice, especially as ‘serious sexual misconduct, including rape, is usually preceded by a period of inappropriate comments or touching’.

The guidance also recommends that GP practices and trusts consider using chaperones for a doctor’s consultations where an allegation of sexual misconduct has been made, but warns against using these in more serious cases or when there are allegations from multiple patients.

Last year, as part of the first major changes to the Good Medical Practice guidance in a decade, the GMC introduced a section on its zero-tolerance approach to sexual harassment towards colleagues.

This was the first time a standard on sexual misconduct between doctors and other staff had been included in the guidance.

The new set of resources published today aim to provide support for victims and survivors of sexual misconduct by doctors as well as support for employers in ‘preventing, identifying and responding’ to these cases.

In its information for patients, the GMC stressed that there is an ‘imbalance of power’ in the relationship between doctors and patients, and that ‘clear sexual boundaries are important’ so that patient care ‘is not compromised in any way’.

The regulator has also published a report on the progress it has made since 2017 when Sir Anthony Hooper reviewed its handling of the case of Dr Morris Fraser, a convicted paedophile.

One such change it has made is introducing more flexibility to its ‘five-year rule’ in recognition of the fact that ‘in some cases survivors/victims are only able to raise their concerns several years after the alleged events’.

Under current fitness to practise rules, the GMC will not consider complaints older than five years except for ‘certain circumstances’.

The regulator has now updated its guidance for investigators on the factors to consider when deciding whether to ‘waive’ the rule.

It now includes the following: ‘People will react differently to traumatic events such as experiencing sexual abuse and sometimes a “trigger” event may prompt the complainant to make a serious allegation some years after the event(s) occurred.

‘These trigger events are logical reasons which may explain a delay in allegations being made. The explanation for delay might be prejudicial to the doctor against whom the allegation is made, but that is not in itself a reason for the allegation not to proceed in the public interest.’

On interim orders, the report said: ‘We updated guidance on imposing interim orders for interim order tribunals and medical practitioners tribunals to reflect insights from research on the limitations relating to the use of chaperones in interim measures.

‘The updates aim to help decision makers consider in more detail the individual circumstances of the case when using chaperone conditions as interim measures, as these may not always provide a sufficient level of protection for patients.’

The GMC’s new resources were developed after working with victim and survivor advocacy groups, patient organisations, doctors representatives and other regulators.

Chief executive Charlie Massey said it is important for the organisation to ‘acknowledge the scope for improvements’ to how it handles sexual misconduct cases.

He continued: ‘Our professional standards make it clearer than ever that there must be zero tolerance of any form of sexual misconduct. A huge part of eradicating it is making sure those who experience it feel supported to speak up and tell someone.

‘These changes are aimed at better supporting victims and survivors, as well as colleagues and employers, to help them through the process of raising concerns.’