Advice must be open

Watson v General Medical Council QBD TLR 7 October

At a hearing before a committee of the General Medical Council, there were two medical assessors present. Following closing submissions, the panel retired together with the medical assessors. When they returned before giving their decision, the panel asked the medical assessors to rehearse the advice they had given the panel in private. The panel then gave its decision. This was unfair. The role of a medical assessor is not the same as that of a legal adviser to a tribunal. Legal advisers do not give their personal views on the facts or outcome of the case, but advise on questions of law. It is possible to appeal against a decision upon which legal advisers advised on questions of law. A medical assessor advises on factual issues upon a decision on which there is no appeal on issues of fact. It is therefore of importance that medical assessors’ advice on issues of fact should be given openly and that the parties should be able to respond to that advice before the tribunal makes its decision. The appellant had not received a fair hearing; her appeal was allowed and the decision was quashed.