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Hundreds of doctors and nurses were allowed to practice their profession unhindered, despite being accused of serious sexual assault and rape over the past six years. The Independent can betray.
Between 2018 and 2024, around 248 doctors faced allegations of rape, sexual assault or attempted rape without having their licences revoked, new figures from the General Medical Council (GMC) show.
The scandal-ridden Nursing and Midwifery Council (NMC) was able to allow more than 400 nurses to continue working without restrictions between 2019 and 2024 following allegations of sexual assault.
The shocking figures, obtained through a Freedom of Information Act (FOI) request, call into question the decision-making of the UK’s two largest health authorities, following a series of revelations by The Independent.
Health Secretary Wes Streeting met with NMC Chairman Sir David Warren late last month to discuss the concerns raised by this publication’s reporting.
The Independent can reveal:
- Between 2018 and 2024, 11 doctors were accused of possessing indecent images of children, but no restraining orders were issued.
- During the same period, 261 doctors were not restricted despite allegations of physical assault.
- In 2018, a doctor accused of murder was not restricted from practicing his profession.
- A doctor who had sexually harassed colleagues was allowed to continue working as long as he informed the GMC about his business trips
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“Deeply disturbing”
Dr Becky Cox, GP and founder of Surviving in Scrubs, a group representing doctors who have been assaulted in the workplace, said: The Independent: “We are deeply concerned by these data showing that only a small proportion of physicians accused of sexual assault receive temporary restraining orders restricting their practice while they await investigation and trial.
“We urge the GMC to ensure that appropriate measures are put in place to protect patients, staff and the public while investigations are ongoing.”
The FOI data shows the number of doctors and nurses who were accused each year without any suspensions or restrictions in between. It does not specify how long they practised under these conditions.
If the GMC decides there is sufficient evidence, doctors’ licences to practise can be revoked by an interim injunction. Sanctions, which may include suspension, are set by the separate Medical Practitioners Tribunal Service (MPTS).
For nurses, the NMC may recommend to its fitness to practice panels that an interim injunction be made.
Helen Hughes, chief executive of the charity Patient Safety Learning, said the figures were “deeply worrying” from both a patient and staff safety perspective.
She said: “In healthcare, patients often face a significant power imbalance. When serious allegations are made against healthcare professionals, robust processes must be in place to protect both staff and patients while they are investigated.”
Jacob Lant, chief executive of National Voices, a coalition of health and social care organisations in England, said of the data: “Some very serious allegations are being brought to light here and in such cases communities should rightly expect NHS leaders and regulators to use their full powers to make patient safety the highest priority during investigations.”
The figures come after a series of reports from The Independent revealed that a “toxic” culture existed within the NMC, which led to allegations of sexual harassment and domestic violence against nurses going unpunished.
Conditions for practice
The data shows that the majority of doctors who are granted restraining orders are not suspended. Instead, they are given conditions.
An Oxford transplant surgeon, James Gilbert, has been suspended from work for eight months after a fitness to practice hearing found he had sexually harassed female colleagues, made racist remarks and abused his supervisory position. Three of his victims were trainees.
Previously, the surgeon’s licence had been subject to provisional conditions which merely required him to inform the GMC of his place of work but did not restrict his ability to work.
In another case, the GMC was taken to the High Court by its own regulator, the Professional Standards Authority (PSA), over a doctor’s too lenient sentence of six months’ suspension after being accused of having sex with a vulnerable patient.
The PSA argued that the GMC had failed to take into account the vulnerability of this patient and the High Court ordered a further six-month suspension of the doctor.
A spokesman for the Department of Health and Social Care said: “Sexual violence or misconduct of any kind is unacceptable and must be appropriately investigated and punished.”
“All healthcare profession regulators have a legal duty to protect the public. Both the GMC and NMC can temporarily restrict the practice of registrants while they investigate an allegation if this is necessary to protect the public.”
“Allegations taken seriously”
The GMC stated that it takes all allegations it receives seriously and that, unless there are exceptional circumstances, all allegations of sexual assault, rape or attempted rape are referred to the external MPTS following an investigation.
Anthony Omo, head of professional licensing and general counsel at the GMC, said: “We are clear that there is no place for sexual assault, harassment or discrimination of any kind in the medical profession. In many cases involving sexual allegations, the GMC takes the position that such serious misconduct is incompatible with continued licensing.”
He added: “Earlier this year, our updated professional standards for doctors, Good Medical Practice, came into force, which provide a zero-tolerance policy towards sexual misconduct and make clear that sexual conduct towards patients or colleagues is unacceptable.”
Last year, the NMC tightened its guidance to staff on sexual misconduct and other forms of abuse of nurses outside of professional practice following reports of The Independent .
It states: “We take allegations of sexual misconduct very seriously and our data shows that when allegations are proven at a hearing, the most common sanction imposed by panels is disqualification from criminal records.”
