What is the NHS Tribunal?
The NHS Tribunal is established under the National Health Service (Scotland) Act 1978. It deals with complaints against family health service practitioners in Scotland. These are:
- GPs
- general dental practitioners
- community pharmacists
- pharmaceutical bodies corporate,
- optometrists
- ophthalmic medical practitioners and
- ophthalmic bodies corporate.
How is a case Referred to the Tribunal?
It is normally health boards who refer cases to the Tribunal, but anyone may make a referral. The Tribunal would require detailed information and documentation in support of a complaint to help it decide whether to hold a full inquiry. Click here for information on how to make a referral .
What are the Grounds for Bringing a case to the Tribunal?
The grounds on which a reference can be made to the Tribunal are that
- it would be prejudicial to the efficiency of the relevant NHS service to allow the practitioner to provide or continue to provide it – this is known as the efficiency ground
- the practitioner has caused detriment to any health scheme by securing or trying to secure financial or other benefit – this is known as the fraud ground; or
- the practitioner is unsuitable, because of professional or personal conduct, to be allowed to provide the NHS service. This is known as the unsuitability ground. NHS (Scotland) Act 1978.
[Note: in the case of ophthalmic or pharmaceutical bodies corporate, only the second and third ground are applicable.]
Who Sits On the Tribunal?
Each case is heard by a panel consisting of the Chairman or Deputy Chairman, a practitioner from the appropriate specialism, and a lay member. The Chairman and Deputy Chairman are appointed by the Lord President of the Court of Session. Other members are appointed by Scottish Ministers. Click here to view who sits on the Tribunal.
The Tribunal is supported by a Clerk and Deputy Clerk who are appointed by the Chairman.
What Happens at the Tribunal?
If a reference is made by anyone other than a health board, the Tribunal first has to decide if there are grounds for holding a full hearing. If a hearing is to be held, the practitioner will be asked to submit answers to the complaint, and both parties will lodge copies of any documents they intend to rely on.
At the hearing, the complainer and the practitioner can both call witnesses to give evidence. Witnesses may be put on oath and the evidence is all recorded. The Tribunal can also require anyone who has relevant information to provide it.
Once the Tribunal has heard the evidence and any submissions the parties wish to make, it will decide whether the ground for complaint is made out and what action may be required.
Can Anyone Attend the Hearing?
The evidence led at hearings often involves detailed information about the treatment given to individual patients. Hearings are therefore normally held in private. A hearing can only be held in public if the practitioner asks the Tribunal to do so and the Tribunal agrees.
A member of the Scottish Committee of the Administrative Justice and Tribunals Council may attend hearings as part of the Council’s remit to monitor the operational arrangements of Tribunals.
What Are the Tribunal’s Powers?
If the Tribunal finds that an efficiency or fraud or unsuitability case is made out, it can disqualify the practitioner from working in the NHS. Disqualification can be unconditional or conditional.
An unconditional disqualification comes into effect as soon as any appeal is dealt with or the period for lodging an appeal is past. At that point, the practitioner is barred from providing the relevant NHS service anywhere in the UK. The practitioner can ask the Tribunal at a later date to review the disqualification.
A conditional disqualification sets out conditions that the practitioner must abide by. The practitioner is not disqualified from providing the relevant NHS service as long as the conditions set by the Tribunal are kept. Either the practitioner or the health board can ask the Tribunal to review a conditional disqualification at a later date.
In a case brought by a health board, the Tribunal can also suspend the practitioner pending a full hearing or a review hearing. It can only do this if it considers that suspension is necessary in the meantime to protect patients or the public interest.
Finally, the Tribunal has the power to make orders about the expenses incurred by parties to an inquiry. This includes a power to make an award of expenses against any party to an inquiry.
Where Can I Find Out about a Tribunal Decision?
All decisions made by the Tribunal since 2006 are published on this website. Decisions are published in summary version.