The Regulators have now decided

As regular readers of this newsletter may recollect, exactly 12 months ago Ben Rich and I wrote about our experiences at the GMC and the GDC (here) in respect of witnesses giving evidence from abroad.

At that stage it appeared settled that the MPTS considered that a witness could not give evidence in court proceedings in the United Kingdom from a foreign country, unless that country had provided its permission. In contrast, on 9 November 2023 the GDC published a short note setting out that it did not consider that its committees were prevented from hearing evidence from abroad.

In October 2024, the MPTS published new guidance entitled “Receiving witness evidence at Medical Practitioners Tribunal hearings”. At paragraph 29 the Guidance states:

“Please note the MPTS has been advised by the Foreign and Commonwealth Development Office (FCDO) that no separate permission process applies for witnesses located outside the UK who wish to give oral evidence remotely in MPTS proceedings. Accordingly, no separate permission is required beyond making an application in line with the guidance set out below.”

Thus the position is now unequivocally settled and all witnesses may give evidence from outside the United Kingdom. This will of course be helpful for those doctors who have left the jurisdiction by the time their case is finally heard but still want to participate.

Vivienne Tanchel