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Dr Keilloh and the Medical Practitioners Tribunal Service

Volume 614: debated on Thursday 8 September 2016

The petition of residents of the UK,

Declares that the petitioners believe that the decision made by the Medical Practitioners Tribunal Service (MPTS) to remove Doctor Derek Keilloh from the Medical Practitioners Register was a travesty of justice; further that the petitioners believe that it was not in the public interest to have a community deprived of their so obviously well-loved and much appreciated family doctor; further that the petitioners believe that it is unfair that any appeal against the decision can only be made within 28 days when the doctor has just been deprived of his or her income, and no longer has financial support for legal affairs and is in a state of shock; further that the petitioners call into question why well documented “inattentional blindness” was not taken into consideration during the MPTS hearing; further that the Professional Standards Authority only exists to protect patients and will only investigate Fitness to Practise outcomes if they believe that the sanctions have been too lenient, not if the patients complain that the sanction has been too severe, prejudiced or faulty; further that there is no equivalent body to support the registrants; further that previously a handwritten petition from 1,034 patients and colleagues was sent to the MPTS and to Parliament in 2013 asking for his re-instatement; further that the petitioners have been informed that the new statutory rules governing MPTS procedures “Adjudication Section 60 Order” which were brought about in December 2015 now allow the General Medical Council (GMC) to review the MPTS decisions, the petitioners believe that although it probably cannot be post-dated the new ruling should make a difference in bringing about justice in this case; further that the petitioners believe that the case was prejudiced by the publication of damning articles in the media, some of which quote the MPTS tribunal chairperson as pronouncing Doctor Keilloh guilty even before the commencement of the hearing; further that the petitioners call into question that the MPTS panel of three people was able to strike Doctor Keilloh off on probability which was not beyond reasonable doubt for supposed public interest failing rather than any clinical failing; further that the petitioners believe that the complainant against Doctor Keilloh was Phil Shiner of Public Interest Lawyers, a lawyer acting on behalf of complainants not from this country, about an event in a war zone almost ten years ago, rather than from his NHS patients who are the people who have suffered from Doctor Keilloh’s erasure; further that the petitioners believe that in this case written statements from witnesses for the prosecution, presented by Phil Shiner, the lawyer acting on their behalf, were accepted by the MPTS panel without opportunity for cross examination; further that the Al-Sweady inquiry collapsed due to a lack of convincing evidence some of which was presented by Phil Shiner; further that the petitioners understand that Phil Shiner has been under investigation for professional misconduct by the Solicitors Regulation Authority and is now to face a tribunal; and further that an online petition on a similar matter has been signed by 3,496 individuals.

The petitioners therefore request the House of Commons to take note of the damage done to Doctor Keilloh’s life and career by what the petitioners believe to have been a flawed disciplinary process; and call on the House to urge the Government to re-examine the statutory basis for the jurisdiction of the MPTS with a view to remedying this and potential future injustices; and to urge the Government to open an investigation into the written statements from the Iraqi witnesses as presented by Public Interest Lawyers, and the evidence they gave under cross examination in the Al-Sweady inquiry, the original British army court-martial in the Baha Mousa case, the Baha Mousa Public Inquiry and Dr Keilloh’s Fitness to Practice hearing.

And the petitioners remain, etc.—[Presented by Rishi Sunak , Official Report, 12 July 2016; Vol. 613, c. 260 .]


Observations from The Minister of State, Department of Health (Mr Philip Dunne):

The General Medical Council (GMC) is the independent regulator for doctors in the UK and takes action when a doctor fails to meet the standards needed, either through imposing sanctions on the doctor’s registration, or by removing their right to practise.

At the time of Dr Keilloh’s removal from the medical register in 2012 the due process was taken forward by a fitness-to-practise panel of the Medical Practitioners Tribunal Service (MPTS). The panel heard evidence and decided whether Dr Keilloh’s fitness to practise was impaired.

The legislation that underpins the workings of the GMC and MPTS has been the subject of public consultation and has been properly scrutinised by Parliament.

As the GMC and MPTS are independent of Government it is not appropriate for the Government to comment on or become involved with individual fitness-to-practise cases.