More rights for aggrieved patients

Patients and their relatives have won new rights

Patients angry about the way doctors have been disciplined will for the first time have a right of appeal, ministers have announced.

Until now, patients and even the government had to accept the decisions of bodies like the General Medical Council (GMC).

But a new body set up to oversee the medical professions in the wake of the Bristol scandal will have the ability to send controversial cases to the High Court.

Both doctors and patients could appeal to that body under the new system - even over decisions on whether or not a doctor should be struck off.

The groundbreaking move is outlined in government proposals for a new regulatory council, which the GMC and other professional regulatory bodies would have to answer to.

Under the plans, a patient - or health professional - would be able to go to the new Council for the Regulation of Health Professionals, which will come into force into 2003 and register their concerns.

The council would then assess the case, and could refer it on to the High Court.

It's the first time the public would have any sort of methods of appeal against the decisions made by these regulatory bodies

Department of Health spokeswoman

The director of the CRHP would also act as an ombudsman for bodies covering doctors, nurses, dentists, opticians, osteopaths, chiropodists, pharmacists and physiotherapists, so issues of poor administration, such as delay should be tackled.

A spokeswoman for the Department of Health (DoH) told BBC News Online: "The new council would not have the power to overturn individual cases, but if it was felt something had not been satisfactorily resolved, the director would refer he matter to the High Court and the High Court could then theoretically say they should look at the decision again.

"It's the first time the public would have any sort of methods of appeal against the decisions made by these regulatory bodies."

The CRHP was first proposed in the NHS Plan published last July.

Under recommendations in the consultation document, published on Thursday, regulatory bodies would be accountable to parliament through the new council.

The GMC is currently linked more closely to the judiciary, as it is answerable to the Privy Council.

Health Secretary Alan Milburn would also select the director of the new council.

The government's announcement comes in the wake of the Bristol heart babies' scandal, published last month.

In his report on events at the hospital, Professor Ian Kennedy said the council should be independent and should be a statutory body, and should have formal powers to make individual bodies "conform to principals of good regulation."

Public confidence

Launching the consultation document, health minister Hazel Blears said: "These proposals are designed to replace the current fragmented arrangements for the regulation of health professionals with a modern framework that puts patients at the centre of the process and ensure public confidence that the best systems are in place.

A spokeswoman for the GMC said "We have long argued for the GMC to be directly accountable to parliament and this is echoed in the Kennedy report.

"We will need time to reflect on the document which appears to be lacking in detail.

"In particular we will want to look closely at the proposals in the context of Professor Kennedy's insistence that the regulatory bodies must be: 'independent of and at arms length from the DoH'."

And she said patients and doctors had always had the right to ask for the judicial review of the decision.

'Teeth'

Sue Norman, UK Central Council for Nursing, Midwifery and Health Visiting chief executive, said: "Being accountable to parliament through the new council seems sensible and simple, and ensures independence from the government of the day.

"There is little point in establishing the new overarching council unless it has statutory powers and real teeth."

Clara Mackay, of the Consumers' Association, said: "The CA has been lobbying long and loud for major reform of the regulation system for health professionals."

She said they welcomed the fact the council would ensure greater cohesion and accountability for the current eight professional bodies, and would hold them accountable for their performance.

But she called for complementary therapists, and professionals to also be covered by the council.