Doctors and nurses accused of rape left free to work in NHS

Exclusive: Almost 250 medics facing sexual assault or rape allegations have been free to work unrestricted

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Hundreds of doctors and nurses have been left free to practise unchecked despite being accused of serious sexual assault and rape in the last six years, The Independent can reveal.

Between 2018 and 2024, some 248 doctors faced allegations of rape, sexual assault or attempted rape without their licences being suspended, according to new figures from the General Medical Council (GMC).

The scandal-hit Nursing and Midwifery Council (NMC) had more than 400 nurses practising without restrictions after sexual offence allegations between 2019 and 2024.

The shocking figures, obtained via a freedom of information (FOI) request, call into question the decision-making of the UK’s two biggest health watchdogs after a series of exposés by The Independent.

Health secretary Wes Streeting met the chair of the NMC, Sir David Warren, at the end of 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 interim orders were made
• Over the same period, 261 doctors faced no restrictions despite allegations of physical assault
• In 2018, one doctor accused of murder had no restrictions placed on their ability to practise
• A doctor found to have sexually assaulted colleagues was able to practise as long as he informed the GMC of his job movements

If you have been impacted by this story email rebecca.thomas@independent.co.uk or tara.cobham@independent.co.uk

‘In healthcare, patients are often faced by a significant power imbalance,’ says charity Patient Safety Learning (PA)

‘Deeply troubling’

Dr Becky Cox, a GP and founder of Surviving in Scrubs, a group which represents doctors assaulted at work, told The Independent: “We are deeply concerned by this data showing a low proportion of doctors accused of sexual assault receive interim orders to limit their practise whilst awaiting investigation and tribunal.

“We strongly encourage the GMC to ensure that appropriate measures are put in place to safeguard patients, staff and members of the public whilst investigations take place.”

The FOI data shows the number of doctors and nurses each year who were the subject of allegations without interim suspensions or restrictions. It does not specify the length of time for which they practised in these conditions.

Doctors can have interim orders placed on their licence to practise if the GMC decides there is enough evidence, with the separate body Medical Practitioners Tribunal Service (MPTS) setting the sanctions, which can include suspension.

For nurses, the NMC can recommend to its fitness to practise panels that an interim order should be put in place.

Helen Hughes, chief executive of the charity Patient Safety Learning, said the figures were “deeply troubling” from both patient and staff safety perspectives.

She said: “In healthcare, patients are often faced by a significant power imbalance. When serious allegations are made against healthcare professionals, there must be robust processes in place to safeguard both staff and patients while these are being investigated.”

Jacob Lant, chief executive of National Voices, a coalition of health and social care charities in England, said of the data: “These are some very serious allegations highlighted, and in such cases, communities should quite rightly be able to expect that NHS leaders and regulators make full use of their powers to prioritise patient safety while investigations are carried out.”

The figures come after a series of reports from The Independent revealed a “toxic” culture within the NMC was leading to nurses accused of sexual assault and domestic violence going unchecked.

Conditions on practise

Data reveals that when doctors do receive interim orders, the majority are still not suspended. Instead, they have conditions placed on them.

One transplant surgeon in Oxford, James Gilbert, has been suspended from working for eight months following a fitness to practise hearing which found he sexually harassed female colleagues, made racist comments and abused his senior position. Three of his victims were trainees.

The surgeon previously had interim conditions on his licence but these only required him to inform the GMC of where he was working, rather than limiting 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 an unduly lenient six-month suspension for a doctor accused of having sex with a vulnerable patient.

The PSA argued the GMC did not take into account the vulnerability of this patient and the High Court ordered a further six-month suspension for the doctor.

The GMC told The Independent it had origionally requested the doctor be struck off but the Medical Practioner’s Tribunal Service only imposed a six-month suspension instead.

A Department of Health and Social Care spokesperson said: “Sexual violence or misconduct of any kind is unacceptable and must be properly investigated and punished.

“All healthcare professional regulators have a legal duty to protect the public. Both the GMC and NMC can temporarily restrict the practise of registrants while they investigate a concern, where this is required to ensure public protection.”

‘When serious allegations are made against healthcare professionals there must be robust processes in place to safeguard both staff and patients while these are being investigated,’ said charity Patient Safety Learning (PA)

‘Allegations taken seriously’

The GMC said it takes all allegations it receives seriously, with all sexual assault, rape or attempted rape allegations referred to the external MPTS following an investigation, unless in exceptional circumstances.

Anthony Omo, director of fitness to practise and general counsel at the GMC, said: “We are very clear that there is no place for any form of sexual assault, harassment or discrimination in the medical profession. In many cases involving sexual allegations, the GMC’s position will be that such serious misconduct is incompatible with continued registration.”

He added: “Earlier this year our updated professional standards for doctors, Good Medical Practice, came into effect, which sets out zero tolerance of sexual misconduct and makes clear that acting in a sexual way towards patients or colleagues is unacceptable.”

In relation to the doctor who was accused of murder the GMC said he had been arrested in Hong Kong when it was told and he had not had a licence to practise since 2014. He therefore would not have been legally able to treat patients.

In the last year the NMC strengthened its guidance for staff on sexual misconduct and other forms of abuse of nurses outside professional practice, following reports from The Independent .

It said: “We take allegations of sexual misconduct very seriously, and our data shows that where charges are found proved at a hearing, the most common sanction handed down by panels is a striking off order.”

This story was updated at 18:47 with additional information on the PSA case against the GMC and again at 17:03 with additional context about the doctor accused of murder.