Medical practitioner

The five-year rule under r 4(5) of the General Medical Council (Fitness to Practise) Rules 2004 (SI 2004/2608) provided a distinct and free-standing safeguard which sets a general prohibition against the pursuit of long-delayed complaints. It provided only for very limited, “exceptional”, circumstances in which such complaints might proceed. In the event of a wrong decision there was no satisfactory remedy later in the proceedings. The registrar had to be satisfied that there were circumstances of the case which could fairly be described as “exceptional circumstances” and that proceeding with the case was in the public interest, in those exceptional circumstances. Although a reasonable amount of time should be allowed to pursue complaints, the policy underlying r 4(5) was that practitioners should not be pursued by stale complaints. The registrar’s decision had to identify the public interest and the exceptional circumstances pertinent to the particular allegations under consideration.