Medical Licensing Council


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STATUTORY LICENSING REQUIREMENTS FOR ANNUAL RECURRING LICENSURE AND ANNUAL REGISTRATION FEES ; WITH THE MEDICAL LICENSING COUNCIL (EFFECTIVE 01.01.2019)


* An Approved Medical Degree , (Lawfully Obtained from Anywhere in the World) , which is duly recognized by the Medical Licensing Council


OR


* The RCAM Triple Doctorate Degree ; which is Fully Accredited by the Government of Biafra


OR


* A Special Medical License , directly issued by the Government of Biafra , which has competently been held for an Aggregate Period of Not Less than 12 Consecutive Months.


PLUS AT LEAST ONE OF THE FOLLOWING ADDITIONAL QUALIFICATIONS (WHICH ARE FULLY ACCREDITED BY THE GOVERNMENT OF BIAFRA) :


* An Examination Score of at least 70% (Seventy Percent) in the MLC Entrance Examination (MLCEE).


* A Certificate of Completion of Training from the Director of the MLC Telemedicine Programme.


* IDPO Specialist Accreditation (FACS)


* RCAM Fellowship Certification


* DR(AM) Conferment





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Professor Dr Joseph Obi | General Medical Council | GMC | MPTS | Recommendations


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Professor Dr Joseph Obi - Key Regulatory Recommendations in the Wake of the Current GMC (MPTS) Scandal

10 Short Term Regulatory Recommendations , as at the 31st Day of March 2018 :

* Immediately Strip the GMC (General Medical Council) of its Right to Appeal Against MPTS (Medical Practitioners Tribunal Service) Decisions.

* Immediately Strip the GMC (General Medical Council) of its Exclusive Right to Refer Cases to the MPTS. This can easily be done by ensuring that the MPTS ethically follows a Similar Fashion to the Stellar Model of the Solicitors Disciplinary Tribunal ; thus allowing the MPTS TO READILY ACCEPT DIRECT REFERRALS FROM THE GENERAL PUBLIC , THE MEDICAL PROFESSION , AND THE MEDICAL REGULATORS (Subject to an Impartial MPTS Evidential Test).

* Immediately Ensure that Former GMC (General Medical Council) President Graeme Robertson Dawson Catto is Duly Probed without Any Special Treatment ; just like Other Medical Doctors have (So Far) Been.

* Immediately Ensure that Former GMC (General Medical Council) President Graeme Robertson Dawson Catto is Formally Referred to the Police ; just like Other Medical Doctors have (So Far) Been.

* Immediately Ensure that All Conduct Complaints against the Chairperson of the MPTS (and other Relevant MPTS Tribunal Members) fully come under the Jurisdiction of the JCIO (Judicial Conduct Investigations Office). All JCIO Disciplinary Decisions against them will also be Publicly Accessible on the JCIO Website ; as currently occurs with other Tribunal Members Elsewhere.

* Immediately Sack the (current) Chief Executive of the General Medical Council (GMC).

* Immediately Sack the (current) President (Chairman) of the General Medical Council (GMC).

* Immediately Sack the (current) FTP (Fitness-To-Practise) Director of the General Medical Council (GMC).

* Immediately Conduct a Thorough , Independent and Impartial Review into All GMC FTP (Fitness-To-Practise) Cases from it's Inception , To Date.

* Immediately Set Aside All GMC FTP (Fitness-To-Practise) Decisions (and MPTS Decisions) from the Inception of the GMC , To Date ; as the Gross Regulatory Failure of the GMC to Statutorily Probe (EX GMC President) Grame Robertson Dawson Catto is more than Enough Evidence to Indicate (Both) Institutional Regulatory Bias and Institutional Regulatory Corruption.

4 Long Term (Regulatory) Recommendations , as at the 31st Day of March 2018 :

* Permanently Upgrade the MPTS (Medical Practitioners Tribunal Service) into a HPTS (Healthcare Professionals Tribunal Service) for All UK Healthcare Professionals (e.g Doctors , Dentists . Nurses , Pharmacists, Therapists and Hospital Managers etc).

* Permanently Strip the Relevant Healthcare Regulators (The Statutory Healthcare Regulatory Bodies) of the Right to Appeal Against HPTS (Healthcare Professionals Tribunal Service) Decisions.

* Permanently Strip the Healthcare Regulators of any Exclusive Rights to Refer Cases to the HPTS (Healthcare Professionals Tribunal Service). This can easily be done by ensuring that the HPTS ethically follows a Similar Fashion the Stellar Model of the Solicitors Disciplinary Tribunal ; thus allowing the HPTS TO READILY ACCEPT DIRECT REFERRALS FROM THE GENERAL PUBLIC , THE HEALTHCARE PROFESSION , AND THE HEALTHCARE REGULATORS (Subject to an Impartial HPTS Evidential Test).

* Immediately Ensure that All Conduct Complaints against the Chairperson of the HPTS (Healthcare Professionals Tribunal Service) , and other Relevant HPTS Tribunal Members, fully come under the Jurisdiction of the JCIO (Judicial Conduct Investigations Office). All JCIO Disciplinary Decisions against them will also be Publicly Accessible on the JCIO Website ; as currently occurs with other Tribunal Members Elsewhere.


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Alternative Medicine Professor Obi





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* CLICK HERE TO READ HOW (GRAEME CATTO) A FORMER GENERAL MEDICAL COUNCIL (GMC) PRESIDENT (CHEEKILY) GOT AWAY WITH MEDICAL MANSLAUGHTER. *



Professor Joseph Chikelue Obi



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Professor Joseph Chikelue Obi


Medical Politics Blog| My Dame Sally Cannabis Terror! | Joseph Chikelue Obi

Dame Sally : " I Never Smoked , so I couldn't Smoke Joints . . . But I did have Some Cookies . . ."


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Professor ObiDuly Notes that England's Chief Medical Officer, Professor Dame Doctor Sally Davies, has publicly admitted eating quite a Few Cannabis Cookies (Several Times), while seriously Studying Medicine at Manchester University.

Doctor ObiFurther Notes also that she Duly Stopped Munching On Themthereabouts the 3rd or 4th Occasion; after experiencing Horrible Hallucinations.

Joseph Chikelue Obiis Still Lucidly Wondering whether a Black Medical Doctorin such a Top Government Positionwould have easily gotten away with such a Belated Public Confession (Albeit Purely Historical)?

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Professor Obi| The Great Big General Medical Council Scandal| January 2015 Edition | Joseph Obi.

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" At one particular stage in the United Kingdom , almost 100% of those who appeared before the Medical Practitioners Tribunal Service, of the General Medical Council(GMC) , were Ethnic Minority Doctors.

The Pants are Very Much (Still) Down ; and there is (Precious) Little Left to Hide."

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* * *

BMJ 2011; 342:d1817 doi: 10.1136/bmj.d1817

(Published on : 05 April 2011)

Cite this as: BMJ 2011; 342:d1817

Place of medical qualification and outcomes of UK General Medical Council “fitness to practise” process: cohort study.

Charlotte Humphrey, professor of health care evaluation (*1),
Shaista Hickman, research associate (*1),
Martin C Gulliford, professor of public health (*2)

+ Author Affiliations

(*1). Florence Nightingale School of Nursing and Midwifery, King’s College London, London SE1 8WA, UK
(*2). Department of Primary Care and Public Health Sciences, King’s College London, London SE1 3QD

Correspondence To : C Humphrey

charlotte.humphrey@kcl.ac.uk

Accepted on : 01 February 2011


Abstract

Objectives : To evaluate whether country of medical qualification is associated with “higher impact” decisions at different stages of the UK General Medical Council’s (GMC’s) “fitness to practise” process after allowing for other characteristics of doctors and inquiries.

Design : Retrospective cohort study.

Setting : Medical practice in the United Kingdom.

Participants : 7526 inquiries to the GMC concerning 6954 doctors.

Main Outcome Measures : Proportion of inquiries referred for further investigation at initial triage by the GMC, proportion of inquiries investigated that were subsequently referred for adjudication, and proportion of inquiries resulting in doctors being erased or suspended from the medical register; relative odds of higher impact decisions, by country of qualification, adjusted for doctors’ sex, years since primary medical qualification, medical specialty, source and type of inquiry, and nature of allegations.

Results : Of 7526 inquiries, 4702 concerned doctors who qualified in the UK, 624 concerned doctors who qualified elsewhere in the European Union (EU), and 2190 concerned doctors who qualified outside the EU. At the initial triage, 30% (n=1398) of inquiries concerning doctors who qualified in the UK had a high impact decision, compared with 43% (267) for doctors who qualified elsewhere in the EU and 46% (998) for those who qualified outside the EU. The adjusted relative odds of an inquiry being referred for further investigation were 1.67 (95% confidence interval 1.28 to 2.17) for doctors who qualified elsewhere in the EU and 1.61 (1.38 to 1.88) for those who qualified outside the EU, compared with doctors who qualified in the UK. At the investigation stage, 5% (228) of inquiries received concerning UK qualified doctors were referred for adjudication, compared with 10% for EU (63) or non-EU (221) qualified doctors. The adjusted relative odds of referral for adjudication were 2.14 (1.46 to 3.16) for doctors who qualified elsewhere in the EU and 1.68 (1.31 to 2.16) for those who qualified outside the EU. At the adjudication stage, 1% (69) of inquiries received concerning UK qualified doctors led to erasure or suspension, compared with 4% (24) for doctors who qualified elsewhere in the EU and 3% (71) for non-EU qualified doctors. The adjusted relative odds of erasure or suspension were 2.16 (1.22 to 3.80) for doctors who qualified elsewhere in the EU and 1.48 (1.00 to 2.19) for those who qualified outside the EU.

Conclusions : Inquiries to the GMC concerning doctors qualified outside the UK are more likely to be associated with higher impact decisions at each stage of the fitness to practice process. These associations were not explained by measured inquiry related and doctor related characteristics, but residual confounding cannot be excluded.

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" . . . I Frequently Warned Prime Minister Cameron About The Horrible Situation , But He Didn't Really Seem To Care About Dying Black Doctors.
I Think He Felt That Embattled Ethnic Minority Doctors Were Bad Enough To Die.

He Must Be Summoned To The ICC To Personally Defend Himself. . ."

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* CLICK HERE TO READ HOW (GRAEME CATTO) A FORMER GENERAL MEDICAL COUNCIL (GMC) PRESIDENT (CHEEKILY) GOT AWAY WITH MEDICAL MANSLAUGHTER. *



Professor Joseph Chikelue Obi



Afghanistan | Dr Joseph Obi Albania | Dr Joseph Obi Algeria | Dr Joseph Obi Andorra | Dr Joseph Obi Angola | Dr Joseph Obi Antigua & Deps | Dr Joseph Obi Argentina | Dr Joseph Obi Armenia | Dr Joseph Obi Australia | Dr Joseph Obi Austria | Dr Joseph Obi Azerbaijan | Dr Joseph Obi Bahamas | Dr Joseph Obi Bahrain | Dr Joseph Obi Bangladesh | Dr Joseph Obi Barbados | Dr Joseph Obi Belarus | Dr Joseph Obi Belgium | Dr Joseph Obi Belize | Dr Joseph Obi Benin | Dr Joseph Obi Bhutan | Dr Joseph Obi Bolivia | Dr Joseph Obi Bosnia Herzegovina | Dr Joseph Obi Botswana | Dr Joseph Obi Brazil | Dr Joseph Obi Brunei | Dr Joseph Obi Bulgaria | Dr Joseph Obi Burkina | Dr Joseph Obi Burundi | Dr Joseph Obi Cambodia | Dr Joseph Obi Cameroon | Dr Joseph Obi Canada | Dr Joseph Obi Cape Verde | Dr Joseph Obi Central African Rep | Dr Joseph Obi Chad | Dr Joseph Obi Chile | Dr Joseph Obi China | Dr Joseph Obi Colombia | Dr Joseph Obi Comoros | Dr Joseph Obi Congo | Dr Joseph Obi Congo {Democratic Rep} | Dr Joseph Obi Costa Rica | Dr Joseph Obi Croatia | Dr Joseph Obi Cuba | Dr Joseph Obi Cyprus | Dr Joseph Obi Czech Republic | Dr Joseph Obi Denmark | Dr Joseph Obi Djibouti | Dr Joseph Obi Dominica | Dr Joseph Obi Dominican Republic | Dr Joseph Obi East Timor | Dr Joseph Obi Ecuador | Dr Joseph Obi Egypt | Dr Joseph Obi El Salvador | Dr Joseph Obi Equatorial Guinea | Dr Joseph Obi Eritrea | Dr Joseph Obi Estonia | Dr Joseph Obi Ethiopia | Dr Joseph Obi Fiji | Dr Joseph Obi Finland | Dr Joseph Obi France | Dr Joseph Obi Gabon | Dr Joseph Obi Gambia | Dr Joseph Obi Georgia | Dr Joseph Obi Germany | Dr Joseph Obi Ghana | Dr Joseph Obi Greece | Dr Joseph Obi Grenada | Dr Joseph Obi Guatemala | Dr Joseph Obi Guinea | Dr Joseph Obi Guinea-Bissau | Dr Joseph Obi Guyana | Dr Joseph Obi Haiti | Dr Joseph Obi Honduras | Dr Joseph Obi Hungary | Dr Joseph Obi Iceland | Dr Joseph Obi India | Dr Joseph Obi Indonesia | Dr Joseph Obi Iran | Dr Joseph Obi Iraq | Dr Joseph Obi Ireland {Republic} | Dr Joseph Obi Israel | Dr Joseph Obi Italy | Dr Joseph Obi Ivory Coast | Dr Joseph Obi Jamaica | Dr Joseph Obi Japan | Dr Joseph Obi Jordan | Dr Joseph Obi Kazakhstan | Dr Joseph Obi Kenya | Dr Joseph Obi Kiribati | Dr Joseph Obi Korea North | Dr Joseph Obi Korea South | Dr Joseph Obi Kosovo | Dr Joseph Obi Kuwait | Dr Joseph Obi Kyrgyzstan | Dr Joseph Obi Laos | Dr Joseph Obi Latvia | Dr Joseph Obi Lebanon | Dr Joseph Obi Lesotho | Dr Joseph Obi Liberia | Dr Joseph Obi Libya | Dr Joseph Obi Liechtenstein | Dr Joseph Obi Lithuania | Dr Joseph Obi Luxembourg | Dr Joseph Obi Macedonia | Dr Joseph Obi Madagascar | Dr Joseph Obi Malawi | Dr Joseph Obi Malaysia | Dr Joseph Obi Maldives | Dr Joseph Obi Mali | Dr Joseph Obi Malta | Dr Joseph Obi Marshall Islands | Dr Joseph Obi Mauritania | Dr Joseph Obi Mauritius | Dr Joseph Obi Mexico | Dr Joseph Obi Micronesia | Dr Joseph Obi Moldova | Dr Joseph Obi Monaco | Dr Joseph Obi Mongolia | Dr Joseph Obi Montenegro | Dr Joseph Obi Morocco | Dr Joseph Obi Mozambique | Dr Joseph Obi Myanmar, {Burma} | Dr Joseph Obi Namibia | Dr Joseph Obi Nauru | Dr Joseph Obi Nepal | Dr Joseph Obi Netherlands | Dr Joseph Obi New Zealand | Dr Joseph Obi Nicaragua | Dr Joseph Obi Niger | Dr Joseph Obi Nigeria | Dr Joseph Obi Norway | Dr Joseph Obi Oman | Dr Joseph Obi Pakistan | Dr Joseph Obi Palau | Dr Joseph Obi Panama | Dr Joseph Obi Papua New Guinea | Dr Joseph Obi Paraguay | Dr Joseph Obi Peru | Dr Joseph Obi Philippines | Dr Joseph Obi Poland | Dr Joseph Obi Portugal | Dr Joseph Obi Qatar | Dr Joseph Obi Romania | Dr Joseph Obi Russian Federation | Dr Joseph Obi Rwanda | Dr Joseph Obi St Kitts & Nevis | Dr Joseph Obi St Lucia | Dr Joseph Obi Saint Vincent & the Grenadines | Dr Joseph Obi Samoa | Dr Joseph Obi San Marino | Dr Joseph Obi Sao Tome & Principe | Dr Joseph Obi Saudi Arabia | Dr Joseph Obi Senegal | Dr Joseph Obi Serbia | Dr Joseph Obi Seychelles | Dr Joseph Obi Sierra Leone | Dr Joseph Obi Singapore | Dr Joseph Obi Slovakia | Dr Joseph Obi Slovenia | Dr Joseph Obi Solomon Islands | Dr Joseph Obi Somalia | Dr Joseph Obi South Africa | Dr Joseph Obi South Sudan | Dr Joseph Obi Spain | Dr Joseph Obi Sri Lanka | Dr Joseph Obi Sudan | Dr Joseph Obi Suriname | Dr Joseph Obi Swaziland | Dr Joseph Obi Sweden | Dr Joseph Obi Switzerland | Dr Joseph Obi Syria | Dr Joseph Obi Taiwan | Dr Joseph Obi Tajikistan | Dr Joseph Obi Tanzania | Dr Joseph Obi Thailand | Dr Joseph Obi Togo | Dr Joseph Obi Tonga | Dr Joseph Obi Trinidad & Tobago | Dr Joseph Obi Tunisia | Dr Joseph Obi Turkey | Dr Joseph Obi Turkmenistan | Dr Joseph Obi Tuvalu | Dr Joseph Obi Uganda | Dr Joseph Obi Ukraine | Dr Joseph Obi United Arab Emirates | Dr Joseph Obi United Kingdom | Dr Joseph Obi United States | Dr Joseph Obi Uruguay | Dr Joseph Obi Uzbekistan | Dr Joseph Obi Vanuatu | Dr Joseph Obi Vatican City | Dr Joseph Obi Venezuela | Dr Joseph Obi Vietnam | Dr Joseph Obi Yemen | Dr Joseph Obi Zambia | Dr Joseph ObiZimbabwe | Dr Joseph Obi


Professor Joseph Chikelue Obi



Afghanistan | Professor Joseph Chikelue Obi Albania | Professor Joseph Chikelue Obi Algeria | Professor Joseph Chikelue Obi Andorra | Professor Joseph Chikelue Obi Angola | Professor Joseph Chikelue Obi Antigua & Deps | Professor Joseph Chikelue Obi Argentina | Professor Joseph Chikelue Obi Armenia | Professor Joseph Chikelue Obi Australia | Professor Joseph Chikelue Obi Austria | Professor Joseph Chikelue Obi Azerbaijan | Professor Joseph Chikelue Obi Bahamas | Professor Joseph Chikelue Obi Bahrain | Professor Joseph Chikelue Obi Bangladesh | Professor Joseph Chikelue Obi Barbados | Professor Joseph Chikelue Obi Belarus | Professor Joseph Chikelue Obi Belgium | Professor Joseph Chikelue Obi Belize | Professor Joseph Chikelue Obi Benin | Professor Joseph Chikelue Obi Bhutan | Professor Joseph Chikelue Obi Bolivia | Professor Joseph Chikelue Obi Bosnia Herzegovina | Professor Joseph Chikelue Obi Botswana | Professor Joseph Chikelue Obi Brazil | Professor Joseph Chikelue Obi Brunei | Professor Joseph Chikelue Obi Bulgaria | Professor Joseph Chikelue Obi Burkina | Professor Joseph Chikelue Obi Burundi | Professor Joseph Chikelue Obi Cambodia | Professor Joseph Chikelue Obi Cameroon | Professor Joseph Chikelue Obi Canada | Professor Joseph Chikelue Obi Cape Verde | Professor Joseph Chikelue Obi Central African Rep | Professor Joseph Chikelue Obi Chad | Professor Joseph Chikelue Obi Chile | Professor Joseph Chikelue Obi China | Professor Joseph Chikelue Obi Colombia | Professor Joseph Chikelue Obi Comoros | Professor Joseph Chikelue Obi Congo | Professor Joseph Chikelue Obi Congo {Democratic Rep} | Professor Joseph Chikelue Obi Costa Rica | Professor Joseph Chikelue Obi Croatia | Professor Joseph Chikelue Obi Cuba | Professor Joseph Chikelue Obi Cyprus | Professor Joseph Chikelue Obi Czech Republic | Professor Joseph Chikelue Obi Denmark | Professor Joseph Chikelue Obi Djibouti | Professor Joseph Chikelue Obi Dominica | Professor Joseph Chikelue Obi Dominican Republic | Professor Joseph Chikelue Obi East Timor | Professor Joseph Chikelue Obi Ecuador | Professor Joseph Chikelue Obi Egypt | Professor Joseph Chikelue Obi El Salvador | Professor Joseph Chikelue Obi Equatorial Guinea | Professor Joseph Chikelue Obi Eritrea | Professor Joseph Chikelue Obi Estonia | Professor Joseph Chikelue Obi Ethiopia | Professor Joseph Chikelue Obi Fiji | Professor Joseph Chikelue Obi Finland | Professor Joseph Chikelue Obi France | Professor Joseph Chikelue Obi Gabon | Professor Joseph Chikelue Obi Gambia | Professor Joseph Chikelue Obi Georgia | Professor Joseph Chikelue Obi Germany | Professor Joseph Chikelue Obi Ghana | Professor Joseph Chikelue Obi Greece | Professor Joseph Chikelue Obi Grenada | Professor Joseph Chikelue Obi Guatemala | Professor Joseph Chikelue Obi Guinea | Professor Joseph Chikelue Obi Guinea-Bissau | Professor Joseph Chikelue Obi Guyana | Professor Joseph Chikelue Obi Haiti | Professor Joseph Chikelue Obi Honduras | Professor Joseph Chikelue Obi Hungary | Professor Joseph Chikelue Obi Iceland | Professor Joseph Chikelue Obi India | Professor Joseph Chikelue Obi Indonesia | Professor Joseph Chikelue Obi Iran | Professor Joseph Chikelue Obi Iraq | Professor Joseph Chikelue Obi Ireland {Republic} | Professor Joseph Chikelue Obi Israel | Professor Joseph Chikelue Obi Italy | Professor Joseph Chikelue Obi Ivory Coast | Professor Joseph Chikelue Obi Jamaica | Professor Joseph Chikelue Obi Japan | Professor Joseph Chikelue Obi Jordan | Professor Joseph Chikelue Obi Kazakhstan | Professor Joseph Chikelue Obi Kenya | Professor Joseph Chikelue Obi Kiribati | Professor Joseph Chikelue Obi Korea North | Professor Joseph Chikelue Obi Korea South | Professor Joseph Chikelue Obi Kosovo | Professor Joseph Chikelue Obi Kuwait | Professor Joseph Chikelue Obi Kyrgyzstan | Professor Joseph Chikelue Obi Laos | Professor Joseph Chikelue Obi Latvia | Professor Joseph Chikelue Obi Lebanon | Professor Joseph Chikelue Obi Lesotho | Professor Joseph Chikelue Obi Liberia | Professor Joseph Chikelue Obi Libya | Professor Joseph Chikelue Obi Liechtenstein | Professor Joseph Chikelue Obi Lithuania | Professor Joseph Chikelue Obi Luxembourg | Professor Joseph Chikelue Obi Macedonia | Professor Joseph Chikelue Obi Madagascar | Professor Joseph Chikelue Obi Malawi | Professor Joseph Chikelue Obi Malaysia | Professor Joseph Chikelue Obi Maldives | Professor Joseph Chikelue Obi Mali | Professor Joseph Chikelue Obi Malta | Professor Joseph Chikelue Obi Marshall Islands | Professor Joseph Chikelue Obi Mauritania | Professor Joseph Chikelue Obi Mauritius | Professor Joseph Chikelue Obi Mexico | Professor Joseph Chikelue Obi Micronesia | Professor Joseph Chikelue Obi Moldova | Professor Joseph Chikelue Obi Monaco | Professor Joseph Chikelue Obi Mongolia | Professor Joseph Chikelue Obi Montenegro | Professor Joseph Chikelue Obi Morocco | Professor Joseph Chikelue Obi Mozambique | Professor Joseph Chikelue Obi Myanmar, {Burma} | Professor Joseph Chikelue Obi Namibia | Professor Joseph Chikelue Obi Nauru | Professor Joseph Chikelue Obi Nepal | Professor Joseph Chikelue Obi Netherlands | Professor Joseph Chikelue Obi New Zealand | Professor Joseph Chikelue Obi Nicaragua | Professor Joseph Chikelue Obi Niger | Professor Joseph Chikelue Obi Nigeria | Professor Joseph Chikelue Obi Norway | Professor Joseph Chikelue Obi Oman | Professor Joseph Chikelue Obi Pakistan | Professor Joseph Chikelue Obi Palau | Professor Joseph Chikelue Obi Panama | Professor Joseph Chikelue Obi Papua New Guinea | Professor Joseph Chikelue Obi Paraguay | Professor Joseph Chikelue Obi Peru | Professor Joseph Chikelue Obi Philippines | Professor Joseph Chikelue Obi Poland | Professor Joseph Chikelue Obi Portugal | Professor Joseph Chikelue Obi Qatar | Professor Joseph Chikelue Obi Romania | Professor Joseph Chikelue Obi Russian Federation | Professor Joseph Chikelue Obi Rwanda | Professor Joseph Chikelue Obi St Kitts & Nevis | Professor Joseph Chikelue Obi St Lucia | Professor Joseph Chikelue Obi Saint Vincent & the Grenadines | Professor Joseph Chikelue Obi Samoa | Professor Joseph Chikelue Obi San Marino | Professor Joseph Chikelue Obi Sao Tome & Principe | Professor Joseph Chikelue Obi Saudi Arabia | Professor Joseph Chikelue Obi Senegal | Professor Joseph Chikelue Obi Serbia | Professor Joseph Chikelue Obi Seychelles | Professor Joseph Chikelue Obi Sierra Leone | Professor Joseph Chikelue Obi Singapore | Professor Joseph Chikelue Obi Slovakia | Professor Joseph Chikelue Obi Slovenia | Professor Joseph Chikelue Obi Solomon Islands | Professor Joseph Chikelue Obi Somalia | Professor Joseph Chikelue Obi South Africa | Professor Joseph Chikelue Obi South Sudan | Professor Joseph Chikelue Obi Spain | Professor Joseph Chikelue Obi Sri Lanka | Professor Joseph Chikelue Obi Sudan | Professor Joseph Chikelue Obi Suriname | Professor Joseph Chikelue Obi Swaziland | Professor Joseph Chikelue Obi Sweden | Professor Joseph Chikelue Obi Switzerland | Professor Joseph Chikelue Obi Syria | Professor Joseph Chikelue Obi Taiwan | Professor Joseph Chikelue Obi Tajikistan | Professor Joseph Chikelue Obi Tanzania | Professor Joseph Chikelue Obi Thailand | Professor Joseph Chikelue Obi Togo | Professor Joseph Chikelue Obi Tonga | Professor Joseph Chikelue Obi Trinidad & Tobago | Professor Joseph Chikelue Obi Tunisia | Professor Joseph Chikelue Obi Turkey | Professor Joseph Chikelue Obi Turkmenistan | Professor Joseph Chikelue Obi Tuvalu | Professor Joseph Chikelue Obi Uganda | Professor Joseph Chikelue Obi Ukraine | Professor Joseph Chikelue Obi United Arab Emirates | Professor Joseph Chikelue Obi United Kingdom | Professor Joseph Chikelue Obi United States | Professor Joseph Chikelue Obi Uruguay | Professor Joseph Chikelue Obi Uzbekistan | Professor Joseph Chikelue Obi Vanuatu | Professor Joseph Chikelue Obi Vatican City | Professor Joseph Chikelue Obi Venezuela | Professor Joseph Chikelue Obi Vietnam | Professor Joseph Chikelue Obi Yemen | Professor Joseph Chikelue Obi Zambia | Professor Joseph Chikelue ObiZimbabwe | Professor Joseph Chikelue Obi

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Professor Joseph Chikelue Obi



Afghanistan | Doctor Joseph Chikelue Obi Albania | Doctor Joseph Chikelue Obi Algeria | Doctor Joseph Chikelue Obi Andorra | Doctor Joseph Chikelue Obi Angola | Doctor Joseph Chikelue Obi Antigua & Deps | Doctor Joseph Chikelue Obi Argentina | Doctor Joseph Chikelue Obi Armenia | Doctor Joseph Chikelue Obi Australia | Doctor Joseph Chikelue Obi Austria | Doctor Joseph Chikelue Obi Azerbaijan | Doctor Joseph Chikelue Obi Bahamas | Doctor Joseph Chikelue Obi Bahrain | Doctor Joseph Chikelue Obi Bangladesh | Doctor Joseph Chikelue Obi Barbados | Doctor Joseph Chikelue Obi Belarus | Doctor Joseph Chikelue Obi Belgium | Doctor Joseph Chikelue Obi Belize | Doctor Joseph Chikelue Obi Benin | Doctor Joseph Chikelue Obi Bhutan | Doctor Joseph Chikelue Obi Bolivia | Doctor Joseph Chikelue Obi Bosnia Herzegovina | Doctor Joseph Chikelue Obi Botswana | Doctor Joseph Chikelue Obi Brazil | Doctor Joseph Chikelue Obi Brunei | Doctor Joseph Chikelue Obi Bulgaria | Doctor Joseph Chikelue Obi Burkina | Doctor Joseph Chikelue Obi Burundi | Doctor Joseph Chikelue Obi Cambodia | Doctor Joseph Chikelue Obi Cameroon | Doctor Joseph Chikelue Obi Canada | Doctor Joseph Chikelue Obi Cape Verde | Doctor Joseph Chikelue Obi Central African Rep | Doctor Joseph Chikelue Obi Chad | Doctor Joseph Chikelue Obi Chile | Doctor Joseph Chikelue Obi China | Doctor Joseph Chikelue Obi Colombia | Doctor Joseph Chikelue Obi Comoros | Doctor Joseph Chikelue Obi Congo | Doctor Joseph Chikelue Obi Congo {Democratic Rep} | Doctor Joseph Chikelue Obi Costa Rica | Doctor Joseph Chikelue Obi Croatia | Doctor Joseph Chikelue Obi Cuba | Doctor Joseph Chikelue Obi Cyprus | Doctor Joseph Chikelue Obi Czech Republic | Doctor Joseph Chikelue Obi Denmark | Doctor Joseph Chikelue Obi Djibouti | Doctor Joseph Chikelue Obi Dominica | Doctor Joseph Chikelue Obi Dominican Republic | Doctor Joseph Chikelue Obi East Timor | Doctor Joseph Chikelue Obi Ecuador | Doctor Joseph Chikelue Obi Egypt | Doctor Joseph Chikelue Obi El Salvador | Doctor Joseph Chikelue Obi Equatorial Guinea | Doctor Joseph Chikelue Obi Eritrea | Doctor Joseph Chikelue Obi Estonia | Doctor Joseph Chikelue Obi Ethiopia | Doctor Joseph Chikelue Obi Fiji | Doctor Joseph Chikelue Obi Finland | Doctor Joseph Chikelue Obi France | Doctor Joseph Chikelue Obi Gabon | Doctor Joseph Chikelue Obi Gambia | Doctor Joseph Chikelue Obi Georgia | Doctor Joseph Chikelue Obi Germany | Doctor Joseph Chikelue Obi Ghana | Doctor Joseph Chikelue Obi Greece | Doctor Joseph Chikelue Obi Grenada | Doctor Joseph Chikelue Obi Guatemala | Doctor Joseph Chikelue Obi Guinea | Doctor Joseph Chikelue Obi Guinea-Bissau | Doctor Joseph Chikelue Obi Guyana | Doctor Joseph Chikelue Obi Haiti | Doctor Joseph Chikelue Obi Honduras | Doctor Joseph Chikelue Obi Hungary | Doctor Joseph Chikelue Obi Iceland | Doctor Joseph Chikelue Obi India | Doctor Joseph Chikelue Obi Indonesia | Doctor Joseph Chikelue Obi Iran | Doctor Joseph Chikelue Obi Iraq | Doctor Joseph Chikelue Obi Ireland {Republic} | Doctor Joseph Chikelue Obi Israel | Doctor Joseph Chikelue Obi Italy | Doctor Joseph Chikelue Obi Ivory Coast | Doctor Joseph Chikelue Obi Jamaica | Doctor Joseph Chikelue Obi Japan | Doctor Joseph Chikelue Obi Jordan | Doctor Joseph Chikelue Obi Kazakhstan | Doctor Joseph Chikelue Obi Kenya | Doctor Joseph Chikelue Obi Kiribati | Doctor Joseph Chikelue Obi Korea North | Doctor Joseph Chikelue Obi Korea South | Doctor Joseph Chikelue Obi Kosovo | Doctor Joseph Chikelue Obi Kuwait | Doctor Joseph Chikelue Obi Kyrgyzstan | Doctor Joseph Chikelue Obi Laos | Doctor Joseph Chikelue Obi Latvia | Doctor Joseph Chikelue Obi Lebanon | Doctor Joseph Chikelue Obi Lesotho | Doctor Joseph Chikelue Obi Liberia | Doctor Joseph Chikelue Obi Libya | Doctor Joseph Chikelue Obi Liechtenstein | Doctor Joseph Chikelue Obi Lithuania | Doctor Joseph Chikelue Obi Luxembourg | Doctor Joseph Chikelue Obi Macedonia | Doctor Joseph Chikelue Obi Madagascar | Doctor Joseph Chikelue Obi Malawi | Doctor Joseph Chikelue Obi Malaysia | Doctor Joseph Chikelue Obi Maldives | Doctor Joseph Chikelue Obi Mali | Doctor Joseph Chikelue Obi Malta | Doctor Joseph Chikelue Obi Marshall Islands | Doctor Joseph Chikelue Obi Mauritania | Doctor Joseph Chikelue Obi Mauritius | Doctor Joseph Chikelue Obi Mexico | Doctor Joseph Chikelue Obi Micronesia | Doctor Joseph Chikelue Obi Moldova | Doctor Joseph Chikelue Obi Monaco | Doctor Joseph Chikelue Obi Mongolia | Doctor Joseph Chikelue Obi Montenegro | Doctor Joseph Chikelue Obi Morocco | Doctor Joseph Chikelue Obi Mozambique | Doctor Joseph Chikelue Obi Myanmar, {Burma} | Doctor Joseph Chikelue Obi Namibia | Doctor Joseph Chikelue Obi Nauru | Doctor Joseph Chikelue Obi Nepal | Doctor Joseph Chikelue Obi Netherlands | Doctor Joseph Chikelue Obi New Zealand | Doctor Joseph Chikelue Obi Nicaragua | Doctor Joseph Chikelue Obi Niger | Doctor Joseph Chikelue Obi Nigeria | Doctor Joseph Chikelue Obi Norway | Doctor Joseph Chikelue Obi Oman | Doctor Joseph Chikelue Obi Pakistan | Doctor Joseph Chikelue Obi Palau | Doctor Joseph Chikelue Obi Panama | Doctor Joseph Chikelue Obi Papua New Guinea | Doctor Joseph Chikelue Obi Paraguay | Doctor Joseph Chikelue Obi Peru | Doctor Joseph Chikelue Obi Philippines | Doctor Joseph Chikelue Obi Poland | Doctor Joseph Chikelue Obi Portugal | Doctor Joseph Chikelue Obi Qatar | Doctor Joseph Chikelue Obi Romania | Doctor Joseph Chikelue Obi Russian Federation | Doctor Joseph Chikelue Obi Rwanda | Doctor Joseph Chikelue Obi St Kitts & Nevis | Doctor Joseph Chikelue Obi St Lucia | Doctor Joseph Chikelue Obi Saint Vincent & the Grenadines | Doctor Joseph Chikelue Obi Samoa | Doctor Joseph Chikelue Obi San Marino | Doctor Joseph Chikelue Obi Sao Tome & Principe | Doctor Joseph Chikelue Obi Saudi Arabia | Doctor Joseph Chikelue Obi Senegal | Doctor Joseph Chikelue Obi Serbia | Doctor Joseph Chikelue Obi Seychelles | Doctor Joseph Chikelue Obi Sierra Leone | Doctor Joseph Chikelue Obi Singapore | Doctor Joseph Chikelue Obi Slovakia | Doctor Joseph Chikelue Obi Slovenia | Doctor Joseph Chikelue Obi Solomon Islands | Doctor Joseph Chikelue Obi Somalia | Doctor Joseph Chikelue Obi South Africa | Doctor Joseph Chikelue Obi South Sudan | Doctor Joseph Chikelue Obi Spain | Doctor Joseph Chikelue Obi Sri Lanka | Doctor Joseph Chikelue Obi Sudan | Doctor Joseph Chikelue Obi Suriname | Doctor Joseph Chikelue Obi Swaziland | Doctor Joseph Chikelue Obi Sweden | Doctor Joseph Chikelue Obi Switzerland | Doctor Joseph Chikelue Obi Syria | Doctor Joseph Chikelue Obi Taiwan | Doctor Joseph Chikelue Obi Tajikistan | Doctor Joseph Chikelue Obi Tanzania | Doctor Joseph Chikelue Obi Thailand | Doctor Joseph Chikelue Obi Togo | Doctor Joseph Chikelue Obi Tonga | Doctor Joseph Chikelue Obi Trinidad & Tobago | Doctor Joseph Chikelue Obi Tunisia | Doctor Joseph Chikelue Obi Turkey | Doctor Joseph Chikelue Obi Turkmenistan | Doctor Joseph Chikelue Obi Tuvalu | Doctor Joseph Chikelue Obi Uganda | Doctor Joseph Chikelue Obi Ukraine | Doctor Joseph Chikelue Obi United Arab Emirates | Doctor Joseph Chikelue Obi United Kingdom | Doctor Joseph Chikelue Obi United States | Doctor Joseph Chikelue Obi Uruguay | Doctor Joseph Chikelue Obi Uzbekistan | Doctor Joseph Chikelue Obi Vanuatu | Doctor Joseph Chikelue Obi Vatican City | Doctor Joseph Chikelue Obi Venezuela | Doctor Joseph Chikelue Obi Vietnam | Doctor Joseph Chikelue Obi Yemen | Doctor Joseph Chikelue Obi Zambia | Doctor Joseph Chikelue ObiZimbabwe | Doctor Joseph Chikelue Obi


Professor Joseph Chikelue Obi



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Michaelmas Term
[2017] UKSC 71
On appeal from: [2016] EWCA Civ 172






JUDGMENT



Michalak (Respondent) v General Medical Council and others (Appellants)






before


Lady Hale Lord Mance Lord Kerr Lord Wilson Lord Hughes






JUDGMENT GIVEN ON




1 November 2017




Heard on 4 July 2017
Appellants Respondent John Bowers QC William Edis QC Ivan Hare QC Adam Ohringer
(Instructed by GMC Legal)
(Instructed by RadcliffesLeBrasseur (Leeds))


Intervener (Solicitors Regulation Authority) Catherine Callaghan



Intervener (General Pharmaceutical Council) Adam Solomon
(Instructed by Fieldfisher)



Intervener (Equality and Human Rights Commission)
Robin Allen QC (Instructed by Equality & Human Rights Commission)


LORD KERR: (with whom Lady Hale, Lord Mance, Lord Wilson and Lord
Hughes agree)



Introduction



1. Ewa Michalak began employment as a doctor with the Mid-Yorkshire Hospitals NHS Trust in April 2002. She remained in that employment until she was dismissed in July 2008. Following her dismissal, Dr Michalak brought an unfair dismissal claim against the Trust in the Employment Tribunal. The tribunal found that her dismissal had been unfair and contaminated by sex and race discrimination and victimisation. Dr Michalak received a compensation award and a public apology from the Trust.



2. Before the tribunal had issued its determination, and, on foot of Dr Michalak’s dismissal, the Trust had reported her to the General Medical Council (the GMC) in relation to her conduct, so that the question of whether she should continue to be registered as a medical practitioner could be considered. The Trust later accepted that there had not been proper grounds on which to refer her to the GMC. She remains registered as a medical practitioner, therefore.



3. In the meantime, however, the GMC had begun fitness to practise proceedings against Dr Michalak under Part V of the Medical Act 1983. She claims that the GMC discriminated against her in the way in which it pursued those proceedings. She also alleges that the discrimination extended to the GMC’s failure to investigate complaints that she had made against other doctors employed by the Trust.



4. Dr Michalak presented a claim to the Employment Tribunal in relation to these complaints in August 2013. The respondents named on the application form were the GMC, Niall Dickson, its chief executive, and Simon Haywood, an investigation officer of the GMC. They are the current appellants, although for all intents and purposes, the effective appellant is the GMC. It is agreed that the second
and third appellants’ cases do not require separate consideration.



5. The appellants applied to have Dr Michalak’s complaint to the tribunal struck out on the basis that the tribunal did not have jurisdiction to hear the claims. The complaints of discrimination and breach of contract against the GMC relating to the period before 1 October 2010 were struck out. The tribunal decided that it did have jurisdiction in relation to complaints regarding unlawful sex, race and disability
discrimination after that date but not in relation to breach of contract. So far as the complaints against the second and third appellants were concerned, the complaint was confined to one of unlawful discrimination and the tribunal considered that it had jurisdiction to entertain this complaint.



6. The appellants appealed, arguing that section 120(7) of the Equality Act 2010 precluded jurisdiction, since judicial review afforded an appeal for the acts complained of. The Employment Appeal Tribunal (Langstaff P) agreed and allowed the appeal. An appeal against that decision was successful before the Court of Appeal (Moore-Bick, Kitchin and Ryder LLJ) [2016] ICR 628. It held that the Employment Tribunal had jurisdiction to deal with Dr Michalak’s complaints and remitted the case to the tribunal for further case management.



7. The appeal to this court raises a single issue. It is whether the availability of judicial review proceedings in respect of decisions or actions of the first appellant excludes the jurisdiction of the Employment Tribunal by virtue of section 120(7) of the Equality Act.



Section 120(7)



8. Under section 120(1)(a) of the Equality Act, an employment tribunal has jurisdiction to determine a complaint relating to a person’s work. But section 120(7) provides that “subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal”. Section 53 deals with discrimination by qualifications bodies. Section 54 defines qualifications bodies. In its material parts, it provides:



“(2) A qualifications body is an authority or body which can confer a relevant qualification.



(3) A relevant qualification is an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular trade or profession.




(5) A reference to conferring a relevant qualification includes a reference to renewing or extending the conferment of a relevant qualification.”


9. All parties accept, therefore, that the GMC is plainly a qualifications body. It is an independent organisation which regulates the profession of doctors within the United Kingdom under the Medical Act 1983. Its main objective, under section
1(1A) of that Act, is “to protect, promote and maintain the health and safety of the public”. The GMC maintains the register of doctors and is responsible for certain undergraduate and postgraduate medical education, and for the training and revalidation of doctors. Under Part V of the Medical Act and the General Medical Council (Fitness to Practise) Rules 2004, the GMC has power to investigate complaints against doctors.



10. Under the “fitness to practise” jurisdiction, the GMC receives and considers complaints about medical practitioners. Where it is decided that the complaints warrant an inquiry, the GMC prepares the evidence and the drafting of allegations. Any hearing that follows is conducted by the Medical Practitioners’ Tribunal Service. It is described as a part of the GMC but is independent of it.



11. A decision to erase a medical practitioner’s name from the register or to suspend, or to impose conditions on his or her registration may be appealed to the High Court under sections 38 and 40 of the Medical Act. The High Court may allow the appeal and quash the original decision; it may also substitute a new decision for the original decision; or remit the matter for re-hearing.



12. The Medical Act also provides for various other types of appeal against fitness to practise decisions. To take an example, section 41A(10) states that the
“relevant court” has the power to terminate an interim order of suspension, and section 41A(14) states that “relevant court” has the same meaning as in section
40(5). Section 40(5) contains the definition of the “relevant court” as the High Court.
In effect, therefore, an appeal against the making of an interim order of suspension lies to the High Court. But neither this nor any of the other possible statutory avenues of appeal is relevant to the respondent’s position. Her complaints do not relate to any action by the GMC as to her registration. Her series of claims of discrimination on the part of the GMC relate to the manner in which it pursued its fitness to practise application and its failure to investigate her complaints against other doctors in the trust where she had been employed. No statutory appeal is available to her to pursue those complaints.



13. It is accepted, however, that she could seek judicial review of the decisions that are said to constitute the various acts of discrimination. The essential issue in
the case, therefore, is whether the availability of judicial review animates the exemption contained in section 120(7). This in turn depends on whether that remedy can properly be described as “a proceeding in the nature of the appeal” and whether it is available to the respondent “by virtue of an enactment”. It is important to note that both these conditions must be satisfied before section 120(7) comes into play. Both issues will have to be examined separately but, first, one must look at the context in which they require to be decided and that is provided principally by the Equality Act itself.


The Equality Act



14. The purpose of the Equality Act 2010, as explained in the Explanatory Memorandum (para 10), is “to harmonise discrimination law, and to strengthen the law to support progress on equality”. The Act repealed and replaced existing equality legislation, including the Equal Pay Act 1970, the Sex Discrimination Act
1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995.



15. In these various items of legislation, Parliament provided for discrimination claims in the work, employment and occupation contexts to be dealt with by a specialist tribunal, first called the Industrial Tribunal and now known as the Employment Tribunal. The establishment of these specialist tribunals reflected the growing awareness of the importance which should be attached to equal treatment rights in the field of employment, not least because those rights are protected under European Union law - see, for instance, article 16 of the Framework Equality Directive (2000/78/EC) which required member states to take measures to ensure that any laws, regulations and administrative provisions contrary to the principle of equal treatment were abolished.



16. Not only was the Employment Tribunal designed to be a specialised forum for the resolution of disputes between employee and employer, it was given a comprehensive range of remedies which could be deployed to meet the variety of difficulties that might be encountered in the employment setting. Thus, for instance, the tribunal may make a declaration as to the rights of the complainant and the respondent in relation to the matters that arise in the proceedings before it (section
124(2)(a)); it may order a respondent employer to pay compensation to a complainant employee (section 124(2)(b)); and it may make a recommendation (section 124(2)(c)). If a recommendation is not followed, the tribunal has power
(under section 124(7)) to increase the award of compensation, or, if an award has
not been already made, to make one.



17. These considerations provide the backdrop to the proper interpretation of section 120(7). Part of the context, of course, is that appeals from decisions by
qualification bodies other than to the Employment Tribunal are frequently available. It would obviously be undesirable that a parallel procedure in the Employment Tribunal should exist alongside such an appeal route or for there to be a proliferation of satellite litigation incurring unnecessary cost and delay. Where a statutory appeal is available, employment tribunals should be robust in striking out proceedings before them which are launched instead of those for which specific provision has been made. Employment tribunals should also be prepared to examine critically, at an early stage, whether statutory appeals are available.


18. Parliament plainly intended that section 120(7) would exclude jurisdiction for certain challenges against decisions of qualification bodies. The rationale for doing so is plain. Where Parliament has provided for an alternative route of challenge to a decision, either by appeal or through an appeal-like procedure, it makes sense for the appeal procedure to be confined to that statutory route. This avoids the risk of expensive and time-consuming satellite proceedings and provides convenience for appellant and respondent alike. That rationale can only hold, however, where the alternative route of appeal or review is capable of providing an equivalent means of redress.



19. Quite apart from the range of remedies available to it, the Employment Tribunal, as a forum for dealing with complaints by employees concerning their employment, has distinct advantages for complainants. It is a specialist tribunal with expertise in hearing discrimination claims across a range of sectors; it is designed to be accessible to litigants in person; and it is generally a cost-free jurisdiction (Rule
74 of the Employment Tribunal Rules of Procedure).



Proceedings in the nature of an appeal



20. In its conventional connotation, an “appeal” (if it is not qualified by any words of restriction) is a procedure which entails a review of an original decision in all its aspects. Thus, an appeal body or court may examine the basis on which the original decision was made, assess the merits of the conclusions of the body or court from which the appeal was taken and, if it disagrees with those conclusions, substitute its own. Judicial review, by contrast, is, par excellence, a proceeding in which the legality of or the procedure by which a decision was reached is challenged. It is, of course, true that in the human rights field, the proportionality of a decision may call for examination in a judicial review proceeding. And there have been suggestions that proportionality should join the pantheon of grounds for challenge in the domestic, non-human rights field - see, for instance, Kennedy v Charity Commission (Secretary of State for Justice intervening) [2014] UKSC 20; [2015] AC 455, paras 51 and 54; and Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) [2015] UKSC 19; [2015] 1 WLR 1591, paras 96, 113 and 115; and Keyu v Secretary of State for Foreign and
Commonwealth Affairs [2015] UKSC 69; [2016] AC 1355, paras 133, 143 and 274-
276. But an inquiry into the proportionality of a decision should not be confused with a full merits review. As was said in Keyu at para 272:


“… a review based on proportionality is not one in which the reviewer substitutes his or her opinion for that of the decision- maker. At its heart, proportionality review requires of the person or agency that seeks to defend a decision that they show that it was proportionate to meet the aim that it professes to achieve. It does not demand that the decision-maker bring the reviewer to the point of conviction that theirs was the right decision in any absolute sense.”



21. Judicial review, even on the basis of proportionality, cannot partake of the nature of an appeal, in my view. A complaint of discrimination illustrates the point well. The task of any tribunal, charged with examining whether discrimination took place, must be to conduct an open-ended inquiry into that issue. Whether discrimination is in fact found to have occurred must depend on the judgment of the body conducting that inquiry. It cannot be answered by studying the reasons the alleged discriminator acted in the way that she or he did and deciding whether that lay within the range of reasonable responses which a person or body in the position of the alleged discriminator might have had. The latter approach is the classic judicial review investigation.



22. On a successful judicial review, the High Court merely either declares the decision to be unlawful or quashes it. It does not substitute its own decision for that of the decision-maker. In that sense, a claim for judicial review does not allow the decision of the GMC to be reversed. It would be anomalous for an appeal or proceedings in the nature of an appeal to operate under those constraints. An appeal in a discrimination case must confront directly the question whether discrimination has taken place, not whether the GMC had taken a decision which was legally open to it.



23. The genesis of the view that judicial review was in the nature of an appeal lies in the obiter dictum observations of His Honour Judge McMullen QC in Tariquez-Zaman v General Medical Council (UKEAT/0292/06/DM). In that case, the issue was whether section 54(2) of the Race Relations Act 1976 (which was in similar terms to section 120(7) of the Equality Act) precluded the Employment
Tribunal from entertaining the complainant’s claim. Judge McMullen’s conclusion on the issue was obiter because the claimant had voluntarily relinquished his registration. There was therefore no action by the GMC on which Dr Zaman could found his claim. At para 31 of his judgment, Judge McMullen dealt with the argument that judicial review was in the nature of an appeal in these terms:
“… judicial review is aptly described as proceedings in the nature of an appeal. Judges in the administrative court are familiar with dealing with cases under the Medical Act in the form of appeals proper; thus, they constitute the obvious destination intended by Parliament for disputes of this nature, once a decision had been made at first instance. So, if I were required to make a decision, I would uphold the submission that section 54(2) ousts the jurisdiction of the ET because, in this case, proceedings can be brought by way of judicial review.”


24. Judge McMullen had relied on the decision of the Court of Appeal in the case of Khan v General Medical Council [1996] ICR 1032. In that case, the appellant’s application for full registration as a qualified medical practitioner had been refused by the GMC after a five-year maximum period of limited registration. His application for full registration in accordance with section 25 of the Medical Act
1983 was refused by the GMC. He then applied to the Review Board for Overseas
Qualified Practitioners for a review pursuant to section 29 of the Act. That application failed, as did a second application and request for review. The appellant then made a complaint to an industrial tribunal that he had been indirectly discriminated against on the ground of his race within the meaning of section 1(1)(b) of the Race Relations Act 1976, contrary to section 12(1) of the Act. On a preliminary issue the industrial tribunal found that the right under section 29 of the Medical Act 1983 to apply for a review of the decision of the General Medical Council was a proceeding, “in the nature of an appeal” for the purposes of section
54(2) of the Race Relations Act 1976 and the appellant’s right to present a claim
under section 54(1) was therefore excluded.



25. The appellant’s appeal to the Court of Appeal was, unsurprisingly, dismissed. It was clear that his application to the Review Board constituted a proceeding in the nature of an appeal. The question of whether judicial review, as opposed to review by a differently constituted body, would qualify as a proceeding in the nature of an appeal, was not germane to the issue in Khan. In Zaman, however, Judge McMullen found a passage from the judgment of Hoffmann LJ to be particularly instructive. At 1042, Hoffmann LJ had observed:



“It is a short question of construction which, in my judgment, admits of an easy answer, namely, ‘Yes’. Section 29 of the Act of 1983 allows the decision of the General Medical Council to be reversed by a differently constituted set of persons. For present purposes, I think that this is the essence of what is meant by ‘proceedings in the nature of an appeal’. I note that in Wootton v Central Land Board [1957] 1 WLR 424 Lord Evershed MR had to consider whether an application to the Lands Tribunal by a party who was dissatisfied with the
determination of a land value by the Central Land Board was in the nature of an appeal. He maintained that it was. He said that it might fairly be described as an appeal to another body having the right either of affirming the development value or
altering it.”


26. In saying that the decision could “be reversed by a differently constituted set of persons”, Hoffmann LJ did not have in mind a judicial review challenge, in my opinion. It was because the Review Board could, by the recommendation that they made to the President of the GMC, effectively reverse the decision of the GMC, that he considered that a review was in the nature of an appeal. The review by the Board was open-ended and the decision that they were entitled to reach was unconstrained and not inhibited by the circumstance that the GMC had reached a particular decision.



27. Hoffmann LJ did refer to judicial review later in his judgment. At p 1043, dealing with an argument that claimants such as Dr Khan were not able to pursue claims for race or sex discrimination if they were not permitted to make complaints to an industrial tribunal, he said this:



“For my part, I do not see why [an application for review under section 29] should not be regarded as an effective remedy against sex or race discrimination in the kind of case with which section 12(1) of the Race Relations Act 1976 deals. That concerns qualifications for professions and trades. Parliament appears to have thought that, although the industrial tribunal is often called a specialist tribunal and has undoubted expertise in matters of sex and racial discrimination, its advantages in providing an effective remedy were outweighed by the even greater specialisation in a particular field or trade or professional qualification of statutory tribunals such as the review board, since the review board undoubtedly has a duty to give effect to the provisions of section 12 of the Act of 1976: see per Taylor LJ in R v Department of Health, Ex p Gandhi [1991] ICR 805, 814. This seems to me a perfectly legitimate view for Parliament to have taken. Furthermore, section 54(2) makes it clear that decisions of the review board would themselves be open to judicial review on the ground that the board failed to have proper regard to the provisions of the Race Relations Act 1976. In my view, it cannot be said that the Medical Act 1983 does not provide the effective remedy
required by Community law.”
28. It is important to understand that Hoffmann LJ was not referring here to judicial review as a possible candidate for inclusion in the category of a proceeding in the nature of an appeal. His remarks in this passage were made in the context of an argument that, in order to have an effective remedy, a claimant had to be allowed to present a complaint to the industrial tribunal. He was merely pointing out that the availability of the review procedure, especially when considered with the opportunity to apply for judicial review of that review provided an adequate remedy.


29. More importantly, this passage emphasises the breadth of the review procedure. As Hoffmann LJ pointed out, the review board was bound to have proper regard to the provisions of the Race Relations Act. It could only do so by conducting a scrupulous inquiry as to whether the discrimination alleged had in fact taken place
- in other words, a full-blown inquiry into the allegations of discrimination was required. I do not consider, therefore, that the decision in Khan supports the proposition that section 54(2) ousted the jurisdiction of the Employment Tribunal because proceedings could have been brought by way of judicial review.



30. Judge McMullen returned to this theme in his later decision in Jooste v General Medical Council [2012] EQLR 1048. In that case Dr Jooste claimed that the acts of an “Interim Orders Panel” of the GMC suspending his registration were discriminatory under the Equality Act. Judge McMullen, sitting in the Employment Appeal Tribunal, upheld the decision of the Employment Tribunal, that it had no jurisdiction to hear the claimant’s complaints against the GMC as the remedy available in judicial review was an alternative statutory remedy under section
120(7). At para 44 of his judgment he said that “an appeal simply is the opportunity to have a decision considered again by a different body of people with power to overturn it.” For the reasons given earlier, I cannot agree with that statement. An appeal is different from a review of the legal entitlement to make a decision; it involves an examination of what decision should be taken in the dispute between the parties. The Court of Appeal in the present case concluded that Jooste had been wrongly decided. I agree.



By virtue of an enactment



31. The GMC accepts that when the provisions which preceded section 120(7) were originally enacted they did not exclude decisions subject to challenge by way of the prerogative writs. That is because judicial review originated as a common law procedure and not by virtue of any enactment. The appellant argues, however, that judicial review proceedings became proceedings “by virtue of an enactment” on the coming into force of the Senior Courts Act 1981. Section 31(1) of that Act provides:
“(1) An application to the High Court for one or more of the following forms of relief, namely -


(a) a mandatory, prohibiting or quashing order;



(b) a declaration or injunction under subsection (2);
or



(c) an injunction under section 30 restraining a person not entitled to do so from acting in an office to which that section applies,



shall be made in accordance with rules of court by a procedure
to be known as an application for judicial review.”



32. The appellants’ case misconstrues both section 31(1) of the Senior Courts Act and section 120(7) of the Equality Act 2010. It rests on a misunderstanding of the nature of judicial review. Judicial review is not a procedure which arises “by virtue of” any statutory source. Its origins lie in the common law. As Laws LJ said in R (Beeson) v Dorset County Council [2002] EWCA Civ 1812:



“The basis of judicial review rests in the free-standing principle that every action of a public body must be justified by law, and at common law the High Court is the arbiter of all claimed justifications.” (at para 17) [emphasis added]



See also the observations of Lady Hale in R (Cart) v The Upper Tribunal [2011] UKSC 28; [2012] 1 AC 663, para 37:



“… the scope of judicial review is an artefact of the common law whose object is to maintain the rule of law - that is to ensure that, within the bounds of practical possibility, decisions are taken in accordance with the law, and in particular the law
which Parliament has enacted, and not otherwise.”



33. Section 31 of the Senior Courts Act did not establish judicial review as a procedure, but rather regulated it. The remedies remain the same as those under the prerogative writs. All that section 31 does is to require that applications for judicial review be brought by way of a new procedure under the rules of court. The point
was put succinctly and clearly in terms with which I fully agree by Moore-Bick LJ
at para 53 of his judgment in the Court of Appeal in the present case, where he said:


“… the words ‘by virtue of an enactment’ in section 120(7) are directed to cases in which specific provision is made in legislation for an appeal, or proceedings in the nature of an appeal, in relation to decisions of a particular body, as, for example, in Khan v General Medical Council [1996] ICR 1032. They are not … intended to refer to the general right to seek judicial review merely because, since 1981, that happens to have been put on a statutory footing.”



34. Another way of looking at the question is to consider what the effect would be of the repeal of the 1981 Act. I suggest that the High Court’s jurisdiction would remain, even if the procedure by which it would have to be brought might require to be provided for in any amending legislation.



35. Section 120(7) is part of a carefully constructed statutory scheme. It is the most recent incarnation of similarly worded provisions in legislation such as is mentioned in para 14 above. Before 1981, there could have been no question of judicial review coming within any of the predecessor provisions. Given the importance of judicial review, it is to be assumed that Parliament would have had the procedure in mind when it formulated the phrase now contained in section
120(7). Had it, in 1981 or in 2010, intended to remove all decisions by qualification bodies whose decisions were susceptible to judicial review from the jurisdiction of the Employment Tribunal, one would surely expect that to be provided for expressly.



Conclusions



36. In my view, judicial review in the context of the present case is not in the nature of an appeal. Nor is it a remedy provided by reason of an enactment. I would dismiss the appeal.



LORD MANCE:



37. I agree with Lord Kerr that the appeal should be dismissed broadly for the reasons he gives. My only additional observations are these:
i) I would not circumscribe the development of judicial review or its ability to cater, in appropriate circumstances, for close examination of a claim on its merits: see eg the authorities which Lord Kerr cites in para 20;


ii) judicial review may, in appropriate circumstances, lead the court to a conclusion that there exists only one possible outcome of a relevant legislative or executive decision-making process: see eg In re G (Adoption: Unmarried Couple) [2008] UKHL 38; [2009] AC 173, para 144;



iii) conventional appellate review is itself not infrequently circumscribed by considerations of respect for the original or first instance decision-maker: see eg the discussion in Assicurazioni Generali SpA v Arab Insurance Group (Practice Note) [2002] EWCA Civ 1642; [2003] 1 WLR 577; see also Datec Electronic Holdings Ltd v United Parcels Services Ltd [2007] UKHL 23; [2007] 1 WLR 1325.



38. Here, however, the Employment Tribunal offers the natural and obvious means of recourse in respect of the respondent’s surviving complaints. There is no need in this context to strain the ordinary usage or understanding of the concept of
“appeal” to embrace judicial review. In parenthesis, it is unsurprising to find that, where the Medical Act 1983 does allow an appeal, it does so expressly: section 40. Finally, the history, which Lord Kerr recounts under the rubric “By virtue of an enactment” in paras 31 to 35, points very strongly against judicial review having become, suddenly but silently in 1981, a relevant “appeal” for the purposes of the similarly worded predecessor provisions to section 120(7) of the Equality Act 2010.


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