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Hospitals hiring trans doctors can't view their disciplinary record


Hospitals hiring trans doctors can't view their disciplinary record

NHS hospitals hiring transgender doctors are unable to see their disciplinary record, senior medics have warned.

The General Medical Council has been urged to overhaul its procedures after The Telegraph revealed that it erases the public disciplinary history of doctors who change their gender identity.

The regulator has admitted to more than 60 such cases, which include Dr Beth Upton, a trans doctor now at the centre of a legal case in Scotland.

It has now emerged that this situation means NHS hospitals recruiting doctors are in the dark about whether medics have changed their gender identity and their previous disciplinary history.

A source close to Wes Streeting, the Health Secretary, said the situation was "crazy" and creating far too much risk for patients.

He said: "Hospitals have to make hiring decisions in full view of medics' disciplinary records. It's crazy that they're being hidden from employers and clearly needs to change. People should be treated with respect whatever their gender identity, but wiping disciplinary records has nothing to do with that."

Mr Streeting has already urged the GMC to urgently overhaul its policies.

Normally, when a doctor is selected for an interview, HR departments must check the GMC record.

This would include examining any warning notices on the record - such as a history of inappropriate relationships, or a history of alcoholism or drug abuse.

However, if a doctor changes their gender ID they are issued with a new registration and fresh GMC number, with all such links to the past erased.

Dr Gordon Caldwell, an NHS consultant for 28 years, who was heavily involved in recruitment, said the situation was a "gross failure" of the safety regulator.

He said: "When I had concerns about a doctor I was able to drill into the GMC record, and from there see a summary of the sanction. The concerns were important and would stay on record for years."

"This is a gross failure by GMC which could result in 'at risk' doctors being unknowingly appointed, risking patient safety and the trust's reputation," said Dr Caldwell, now retired, who called for the resignation of Charles Massey, the GMC's chief executive, over the matter.

Dr Louise Irvine, a GP who is co-chair of the Clinical Advisory Network on Sex and Gender said: "People who are recruiting doctors need to be able to access the full GMC history to explore any issues. It is worrying that this isn't available to them".

Hospitals hiring doctors are expected to get references from previous employers, which could alert them to recent disciplinary matters, but would be less likely to elicit information on more historic misdemeanours.

On Thursday, The Telegraph revealed that medics who seek to change their "gender status" on the record could do so without any supporting evidence.

The GMC's position came to light after a retired anaesthetist contacted The Telegraph, raising concerns that Dr Upton had been given a new registration number.

Dr Upton is at the centre of an employment tribunal against NHS Fife.

Nurse Sandie Peggie has said she was subjected to unlawful harassment by being made to share a changing room at Victoria Hospital, Kirkcaldy, with Dr Upton, a trans doctor who was born male but insisted on using the women's changing room.

The GMC has now confirmed that Dr Upton is one of 62 doctors to have been given new registrations under different GMC numbers.

The revelations prompted the Health Secretary to demand immediate changes from the regulator.

Mr Streeting told The Telegraph: "This is extremely concerning and should not have been allowed to happen," saying he expected the GMC to address the issue.

On Friday a spokesman for the GMC said the regulator would be responding to the Secretary of State.

He said: "This is a complex area and we have to balance a number of competing interests, however, our focus remains on protecting the public and public confidence and upholding standards."

The GMC was unable to tell The Telegraph whether any of the 62 doctors who have been issued with a new number had received any suspensions under their previous identity.

There is no suggestion that Dr Upton has faced any disciplinary action.

The loophole also raises the prospect that those who wish to cover up previous sanctions could choose to exploit the system and change their gender identity for that reason.

It follows a clampdown in prisons, where trans offenders were previously able to move to women-only jails, even if they had male genitalia and a history of sex crimes until the rules were changed in 2023.

An NHS spokesperson said: "All NHS organisations must declare any concerns they have about a medical professional when they move organisation, with doctors also required to declare any disciplinary proceedings that they have been subject to. But it is still absolutely vital that the GMC gives as much information as possible to NHS employers."

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