Surgical leaders call for urgent overhaul of GMC and MPTS handling of sexual misconduct cases

The Royal College of Surgeons of England (RCS England) and the Working Party on Sexual Misconduct in Surgery (WPSMS) are calling for urgent reforms to better support targets of sexual misconduct in healthcare. The experiences of those targeted, and evidence shared with RCS England and WPSMS, demonstrate that the current system to regulate doctors - overseen by the General Medical Council (GMC) and the Medical Practitioners Tribunal Service (MPTS) - is failing those who come forward, often compounding their trauma, rather than delivering fair justice.

Surgical leaders want decisive action to be taken, following the shocking findings in the 2023 report, Breaking the Silence: Addressing Sexual Misconduct in Healthcare, which lifted the lid on pervasive, unwanted sexual harassment and misconduct in the surgical profession. While there has been some progress, with NHS England launching its sexual safety charter and a policy framework for NHS trusts, RCS England and WPSMS say the next critical step involves strengthening reporting pathways and providing robust, trauma-informed support for those affected. 

A new policy paper co-published by RCS England and the WPSMS, Turning the tide: progress and actions to support targets of sexual misconduct in surgery, outlines eight priority actions for the government, NHS organisations, regulators and tribunal services, among others, to enhance support for targets of sexual misconduct and improve reporting mechanisms. The aim is to boost confidence that firm and swift action will be taken against perpetrators and prevent re-traumatisation during testimony and ensure a more compassionate process.

The paper says there are often discrepancies in sanctions based on factors such as defendants’ stated level of insight into their wrongdoing – which defendants could be trained by lawyers to demonstrate – as well as inconsistent penalties being applied with the MPTS providing a lower sanction than advised by the GMC in some instances. RCS England and WPSMS are therefore urging the MPTS to overhaul the way it makes decisions on doctors, including the sanctions it applies, in sexual misconduct cases. This should include a comprehensive review of the use of character references and testimonials, which RCS England and WPSMS believe can be selectively chosen and may not provide an objective or comprehensive reflection of the defendant’s behaviour in the context of sexual misconduct allegations.

Targets of sexual misconduct have told RCS England and WPSMS they are frequently unsupported during traumatising and legalistic tribunal processes, so the MPTS must radically improve trauma-informed education and training for all staff involved in fitness-to-practise cases, ensuring a fair and sensitive process for those affected by sexual misconduct.

RCS England and the WPSMS say approaches to addressing sexual misconduct vary significantly across professional regulators. They therefore urge the Professional Standards Authority (PSA) to conduct a comprehensive review of how all professional regulators, including the General Medical Council and General Dental Council, manage sexual misconduct cases. This review should aim to identify and address discrepancies in processes, ensure consistency and fairness across the healthcare sector, and strengthen accountability measures.

Mr Tim Mitchell, President of the Royal College of Surgeons of England (RCS England), said:

"For too long, targets of sexual misconduct have faced a tribunal process that is intimidating, retraumatising, and unfair. Very often this also comes after navigating lengthy and murky reporting lines in their NHS trusts. Many are forced to waive their anonymity, making their professional lives intolerable. This is unnecessary, harmful and needs to change.

“We need a system based on compassion.  One that supports those who come forward, rather than deterring them. 

“We want to ensure everyone in the workplace is fully aware that there is a zero-tolerance approach to sexual misconduct. It is critical those who come forward feel supported and protected.”

Ms Tamzin Cuming and Professor Carrie Newlands, Co-Leads of the Working Party on Sexual Misconduct in Surgery (WPSMS), said:

"Our recommendations represent a crucial step towards eradicating sexual misconduct in healthcare. We call on health regulators and tribunal services, including the GMC and MPTS, to act swiftly and decisively to implement these changes.

“The current system does little to restore confidence for those who have courageously spoken out about unacceptable behaviour. Regulators, NHS organisations, medical indemnity providers, and trade unions must act now to protect both staff and patients.”

Further actions RCS England and the WPSMS call for include:

• A centralised national anonymous reporting mechanism for sexual misconduct should be established. This independent platform would allow staff to report incidents without fear of bias or retaliation, ensuring that even those in vulnerable positions can come forward safely.
• NHS trust organisations, Health Boards, the independent sector, education bodies, and professional regulators should collect and publish annual data on sexual misconduct cases. This transparency will help identify systemic gaps and guide targeted interventions, fostering a culture of accountability and continuous improvement.
• Medical indemnity providers and trade unions are urged to better support targets of sexual misconduct by providing legal support, guidance on compiling evidence, and psychological support. 
• The Independent Review into the Care Quality Commission (CQC) should include specific metrics addressing sexual misconduct in its regulatory assessments.
• The policy brief concludes with a call to action for all UK medical schools to sign the NHS England Sexual Safety in Healthcare Organisational Charter by September 2025. This commitment will ensure that the next generation of healthcare professionals is educated in an environment that prioritises safety and respect.

The WPSMS’ Breaking the Silence: Addressing Sexual Misconduct in Healthcare report, published in September 2023, emphasised the urgent need for systemic change. The report authors worked with surgeons and healthcare professionals who spoke candidly about their experience of sexual misconduct, sexual assault and sexual harassment in the surgical workplace.

The report detailed that some victims and bystanders had cited incidents where they had reported sexual harassment and misconduct and then saw little follow up and long internal investigation processes.

RCS England is committed to a zero-tolerance approach to sexual misconduct and continues to work closely with the WPSMS to drive reform across surgery and healthcare.

ENDS

Notes to editors:

1. Turning the tide: progress and actions to support targets of sexual misconduct in surgery
2. Since the publication of The Working Party on Sexual Misconduct in Surgery’s (WPSMS) report Breaking the Silence: Addressing Sexual Misconduct in Healthcare and the in-depth study published by the British Journal of Surgery, we have redoubled our efforts to stamp out sexual misconduct, sexual harassment, and sexual assault. You can read more about the work RCS England is doing on sexual misconduct here: Sexual misconduct in surgery
3. The MPTS run tribunal services for medical practitioners and the DPHS runs the tribunal service for those working in dentistry. 
4. Our role as a Royal College is rooted in education, awareness and standard setting. We are also committed to developing and signposting impactful, targeted resources and training on being an active bystander, with specific reference to incidents of sexual misconduct. 
5. The Royal College of Surgeons of England provides world-class education, assessment, and development to 30,000 surgeons, dental professionals, and members of the wider surgical and dental care teams, at all stages of their careers. Our vision is to see excellent surgical care for everyone. We do this by setting professional standards, facilitating research and championing the best outcomes for patients. 
6. For more information, please contact the RCS England press office: telephone: 020 7869 6053/6054/6047; email: pressoffice@rcseng.ac.uk; out-of-hours media enquiries: 0207 869 6056.