General Medical Council v Rajesh Shah [2025] EWHC 899 (Admin)

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An appeal by the General Medical Council (GMC) against a decision by the Medical Practice Tribunal Service (MPTS) regarding Mr. Rajesh Shah, a thoracic surgeon. The tribunal had found Mr. Shah guilty of certain misconduct allegations, including sexual misconduct, and suspended him from medical practice for 12 months with a review at the end of that period.

The GMC appealed, arguing that the sanction was insufficient and that erasure from the medical register was appropriate. Mr. Shah emphasised his good character and developing insight into his conduct.

The tribunal’s findings included allegations of inappropriate behavior towards female colleagues, which Mr. Shah partially admitted. The tribunal found that while some of the conduct amounted to sexual harassment, it was not at the most serious end of the spectrum. The tribunal considered factors such as Mr. Shah’s remorse, testimonials from colleagues, and his efforts at remediation, ultimately deciding that suspension was appropriate rather than erasure.

The GMC’s appeal was based on four grounds: the tribunal’s error in not finding the conduct towards one colleague as serious misconduct, errors in assessing risk, insight, and remediation, and errors in applying the Sanctions Guidance.

The court dismissed the appeal, finding that the tribunal’s decision was within the bounds of reasonableness and that the tribunal had adequately considered the relevant factors and guidance in reaching its decision.

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