Plans to speed up NHS disciplinary hearings

Health Minister John Hutton has announced new NHS disciplinary procedures aimed at cutting costs and speeding up hearings for doctors and dentists.

The new procedures, which form part of the first national disciplinary framework for NHS medical and dental staff, aim to reduce the multi-million pound salary bill of suspended NHS staff by speeding up investigations.

Most capability cases are resolved within 13 weeks. The old procedures had a target of 32 weeks, from the establishment of a case to reporting the findings to the Health Authority. However, many cases were becoming prolonged with some appeals taking a further eight months to be resolved.

The cost of delayed disciplinary cases was put at £40 million a year, by a Public Accounts Committee report, published last year. It was estimated that around 70% of the cost was due to doctors being suspended on full pay and the legal costs of protracted cases.

The new disciplinary procedures will abolish the right of consultants on the verge of being sacked to appeal to the Health Secretary. They will also end the distinction between personal and professional misconduct, meaning that NHS doctors and dentists will be disciplined under the same procedures as any other NHS staff member.

A period of assessment and rehabilitation will also be introduced, so that NHS Trusts will make effective use of the National Clinical Assessment Authority. Only if help is refused or fails will NHS doctors and dentists go before a panel set up to hear capability cases.

The measures also make provisions for under-performing doctors to be re-trained and returned to safe practice when possible.

Mr Hutton said: "The existing procedures are unjustifiably prolonged and are not fair to NHS staff, taxpayers or patients. The new process ensures resources are not diverted away from patient care into the pockets of lawyers. Minor cases will be resolved faster. Exceptional cases will be guaranteed the close attention needed to safeguard patients, while also offering fair treatment to doctors and dentists."

Steve Barnett, Director of NHS Employers also welcomed the new measures. He said: "These new procedures will bring clarity and coherence to what has always been a complex and difficult situation for employers in the NHS. The old process did not work in the interests of patients, NHS organisations or doctors and dentists and needed to be resolved. The new approach will enable employers to identify and attempt to remedy any potential problems before damage is done."

The British Medical Association (BMA) also welcomed the new disciplinary procedures. Deputy Chairman of the BMA's Consultants Committee, Dr Alan Russell, said: "We think the new process offers hospital doctors, employers and patients a fair deal. We have tried to strike a balance between the need to ensure that concerns are dealt with quickly and making sure that doctors get a fair hearing."

The national framework comes into force on 1 June 2005.

(KMcA/SP)