The Royal College of Surgeons (RCS) of England study found in nearly one in four cases, sanctions imposed by the Medical Practitioners Tribunal Service (MPTS) were more lenient than those proposed by the General Medical Council (GMC), the UK's independent regulator for doctors.
Professor Vivien Lees, Vice President of RCS England said: ‘This important research, published in The Bulletin of the Royal College of Surgeons of England, highlights deeply concerning inconsistencies in sanctions for sexual misconduct cases before MPTS tribunals. These failures risk leaving perpetrators in power and eroding trust in the profession.'
The study analysed 222 new MPTS tribunal cases heard between August 2023 and August 2024. Of these, 55 involved sexual misconduct, with offences including harassment, rape and child abuse.
Nearly one in four sanctions (23.9%) imposed in cases involving sexual misconduct were more lenient than recommendations from the GMC and in no case did the MPTS impose a tougher sanction than proposed.
All perpetrators were male doctors, with more than 80% holding positions of authority (consultant, GP, post-certificate of completion of training, registrar/senior resident).
Almost two-thirds (65%) of proven cases led to erasure from the GMC register, while 35% resulted only in a short suspension.
Several cases involved multiple targets, showing repeated and systemic abuse.
The authors of the research propose key recommendations as to how the tribunal process could be improved, including: removing the requirement to ‘prove' sexual motivation; adopting the 3Cs model (clumsy, creepy and criminal) for categorising severity of sexual misconduct; gving less weight to ‘mitigating factors' such as expressions of ‘remorse', demonstration of ‘insight', and ‘character references'; and recognising specific risks and dynamics unique to healthcare settings, including abuse of hierarchical or supervisory roles.
A Department of Health and Social Care spokesperson said: ‘Sexual abuse or harassment in any healthcare setting is completely unacceptable, and this report is extremely concerning. We expect employers and regulators to properly investigate and take action against perpetrators of sexual misconduct.
‘This Government is determined to create a culture where staff feel safe and supported. We have already taken decisive action and introduced the healthcare system's first organisational Sexual Safety Charter along with strengthened guidance for medical professions on reporting misconduct.
‘We are also ensuring whistleblowers are free to speak up, knowing that they will be supported and their concerns listened to and acted upon.'
