Inquests, performers list and NHS disciplinary
Inquests, performers list action and NHS disciplinary proceedings
A coroner, your employer and the NHS body that holds the performers list can each look at the same events. We prepare your evidence for each so that your accounts stay consistent and your GMC position stays protected.
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Inquests
Giving evidence at an inquest
If a coroner opens an inquest into a patient's death, you may receive a request for a written statement. The coroner may also call you to give evidence. A coroner can recognise you as an interested person if your actions may have caused or contributed to the death. As an interested person you receive disclosure of the evidence before the hearing. You or your representative can also question witnesses.
We help you decide whether to seek interested person status. We prepare your statement with the records in front of us, and we prepare you to give evidence. The coroner may consider a prevention of future deaths report. If so, we help you show what has changed since the death.
What you say at an inquest can reach the GMC and, in some cases, the police. We prepare your evidence with that in mind.
Advocacy at the inquest hearing itself, where your case needs it, is provided through a regulated law firm we work with, because conducting a case before a coroner is a reserved legal activity. We prepare the ground with that firm so that one strategy covers the inquest, the GMC and your employer.
NHS disciplinary
Investigations under Maintaining High Professional Standards
NHS employers in England deal with concerns about a doctor's conduct or capability under Maintaining High Professional Standards in the Modern NHS. The trust appoints a case manager and a case investigator. The investigator interviews witnesses and writes a report. Then the case manager decides what happens next, which can include a disciplinary or capability hearing.
We advise you from the first meeting and prepare your account for the case investigator. We check that the trust follows the framework and its own policies. And we represent you at any hearing and appeal.
Exclusion
If your trust excludes you from work
A trust can exclude you from work while it investigates. The framework treats exclusion as a last resort and requires the trust to review it. We challenge an exclusion the facts do not support and press for regular reviews. We also propose alternatives such as restricted duties or supervision, so that you keep working where it is safe.
Performers list
Action on your inclusion in the performers list
If you work in general practice, the NHS body that manages the performers list can act on your inclusion. It can impose conditions, suspend you or remove you from the list. You can appeal some of those decisions to the First-tier Tribunal. We prepare your response to the concerns raised and represent you at the decision making panel. We also advise you on an appeal.
Fees
What this costs
We quote a fixed fee, plus VAT, for each inquest, investigation or hearing once we have seen the papers. We confirm it in writing before work begins. If a dispute with your employer reaches an employment tribunal, our fee starts at £15,000 plus VAT. The full menu is on our fees page.
Every fee is stated plus VAT and includes a specialist barrister, whom we involve from the outset to give you additional support and advice. Fees do not include additional expenses such as expert fees, which we quote separately.
Questions and answers
Questions doctors ask
What is an interested person at an inquest?
An interested person is someone with formal rights at an inquest. Section 47 of the Coroners and Justice Act 2009 includes a person who may by any act or omission have caused or contributed to the death. So a doctor whose treatment is under scrutiny is likely to qualify. The status is not a finding that you did anything wrong. It gives you disclosure of documents the coroner holds under rule 13 of the Coroners (Inquests) Rules 2013, and the right to examine witnesses under rule 19. Our guide to interested person status explains how to use it.
Do I have to answer every question at an inquest?
No. Rule 22 of the Coroners (Inquests) Rules 2013 provides that no witness need answer a question tending to incriminate them, and the coroner must tell you that you may refuse. Good medical practice still requires you to cooperate, provide all relevant information, be open and honest and make clear the limits of your knowledge. What you say at an inquest can reach your employer, the GMC and, where a death raises a question of criminal liability, the police. If a police investigation is possible, take advice before you write your statement. Our guide to giving evidence at an inquest explains more.
What is a Regulation 28 report and how do I respond?
A Regulation 28 report, also called a prevention of future deaths report, is a coroner's formal statement that something revealed by an inquest gives rise to a risk of other deaths and that someone should act. If you receive one, you must send the coroner a written response within 56 days of the date the coroner sent it. The response sets out any action taken or proposed, with a timetable, or explains why you propose none. The Chief Coroner may publish both. Our article on prevention of future deaths reports explains how to write it.
What is an MHPS investigation?
Maintaining High Professional Standards in the Modern NHS, known as MHPS, is the national framework NHS employers in England use for concerns about a doctor's or dentist's conduct, capability or health. The trust appoints a case manager and a case investigator. The investigator gathers the facts and reports on them, and the case manager then decides what happens next, which can include a disciplinary or capability hearing or a referral to the GMC. Under the framework, the investigator should complete the work within four weeks of appointment. Our guide to MHPS sets out your entitlements.
How long can my trust exclude me from work?
No NHS body in England may exclude you for more than four weeks at a time. The case manager must review the exclusion before each four week period ends. If nobody reviews it, it lapses and you are entitled to return. An immediate exclusion lasts no more than two weeks. MHPS treats exclusion as a precautionary measure, not a sanction. It says there should normally be a maximum of six months' exclusion, except in cases involving a criminal investigation. Exclusion should usually be on full pay. Our guide to exclusion from work sets out your rights.
Can I challenge action on my performers list inclusion?
Yes. Before NHS England imposes conditions or removes you from the performers list, it must give you notice and 28 days to make representations or ask for an oral hearing. You can appeal a decision to impose or vary conditions, or to remove you, to the First-tier Tribunal within 28 days beginning with the date of notification. A removal does not take effect until that period expires or the tribunal decides the appeal. Suspension carries no appeal, but you can ask in writing for a review under regulation 16. Our guide to the performers list explains each route.
More answers sit on our questions and answers page, and our glossary explains the terms regulators use.
Read more
Guides on this subject

Employers and inquests
Prevention of future deaths reports and the doctor
When a coroner must write a prevention of future deaths report, and how a doctor named in one should respond.

Employers and inquests
Inquests: interested person status and giving evidence
What interested person status at an inquest gives a doctor. How to give evidence that protects you and the family.

Employers and inquests
The performers list: conditions, suspension and removal
How NHS England can impose performers list conditions, suspension or removal on a GP, and the deadlines you must meet.
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