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Published on Saturday, 02 October 2010 08:46

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Disciplinary Procedure for NHS Medical & Dental Staff

Since June 2005,all NHS Trusts are obliged to follow the procedure under Maintaining High Professional Standards in the Modern NHS ('MHPS') for disciplinary and capability allegations involving doctors & dentists. MHPS replaces the previous procedure contained in circular HC(90)9. The full MHPS document can be downloaded from the Department of Health's website by first clicking here.

How Not to Run a Professional Disciplinary Case (31.7.13) pdf

Handling Concerns about a Practitioner’s Behaviour and Conduct - NCAS (2012)pdf

MHPS-Review of Case Law by Paul Epstein QC (March 2011) pdf

The following cases from employment tribunals, High Court, and Court of Appeal refer to relevant sections of the MHPS. The cases below would help you understand the range of legal remedies available if a Trust fails to follow the procedure per MHPS and the Court's approach to such issues.

Dr Mattu v The University Hospitals of Coventry & Warwickshire NHS Trust[2012]EWCA Civ 641--dismissal procedure under MHPS,not protected by Article 6,ECHR/HRA(18.5.12)

Dr A v HTX--seeking injunction to restrain consideration by an 'ill health panel'--High Court Judgment pdf(03.4.12)

Dr Lim v Royal Wolverhampton NHS Hospitals Trust [2011] EWHC 2178(QB)--injunction to restrain capability hearing,breach of contract, MHPS(10.8.11)

Mattu v The University Hospitals of Coventry & Warwickshire NHS Trust [2011] EWHC 2068(QB)--dismissal,procedural fairness,Article 6--(1.8.11)

R(on application of G) v Governors of X School[2011] UKSC 30--article 6(1) in disciplinary proceedings,refers to Kulkarni(29.6.11)

Puri v Bradford Teaching Hospitals NHS Trust [2011] EWHC 970(Admin)--composition of panels,Article 6,MHPS,judicial review--High Court Judgment(15.4.11)

Loizou v Mid-Yorkshire Hospitals NHS Trust and Puri v Bradford Teaching Hospital NHS Foundation Trust [2010] EWHC 2523 (Admin)--MHPS, composition of panels, judicial review--High Court Judgment(11.10.10)

Hameed v Central Manchester University Hospitals NHS Foundation Trust [2010] EWHC 2009(QB)--fairness of disciplinary process per Article 6,permission to appeal granted--High Court Judgment(30 July 2010)

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571 (26 May 2010)--failure to follow proper disciplinary procedure, breach of contract, damages--Court of Appeal Judgment

Mezey v South West London & St George's Mental Health Trust [2010] EWCA Civ 293(30 March 2010)--injunction against disciplinary hearing, MHPS.Summary

Niekrash v South London Healthcare NHS Trust (29 January 2010)--ET Judgment pdf

G v X School & Ors [2010]EWCA Civ 1(20 January 2010) ; right to have legal representation at disciplinary hearing: refers to Kulkarni

Kulkarni v Milton Keynes Hospital NHS Foundation Trust & Anor [2009] EWCA Civ 789 (23 July 2009)

Lakshmi v Mid Cheshire Hospitals NHS Trust [2008] EWHC 878 (QB) (24 April 2008)

Nageh v Southend University Hospital NHS Foundation Trust [2007] EWCA Civ 1432 (01 November 2007)

Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust [2005] EWHC 2407 (QB) (02 November 2005)

The following case was decided by the House of Lords in 2003 which analyses the procedure per HC(90)9.

Skidmore v Dartford & Gravesham NHS Trust [2003] UKHL 27 (22 May 2003)