Hundreds of doctors and nurses have been left free to practise unrestrained after being accused of major sexual assault and rape in the previous six years.
New data from the General Medical Council (GMC) show that between 2018 and 2024 around 248 doctors were accused of rape, sexual assault or attempted rape without their licences being suspended.
Following sexual offence claims between 2019 and 2024, the scandal-hit Nursing and Midwifery Council (NMC) had more than 400 nurses working without limits.
After a string of The Independent exposés challenging the decision-making of the two most prominent health watchdogs, the startling numbers acquired via a freedom of information (FOI) request put into doubt their judgement.
At the end of last month, health secretary Wes Streeting visited Sir David Warren, the NMC chairman, to address the issues brought up by the output of this publication.
Eleven doctors were accused of having obscene pictures of children between 2018 and 2024, but no temporary orders were issued.
261 doctors reported no limits over the same period despite claims of physical assault.
One doctor accused of murder in 2018 has no limits on their practice.
A doctor who discovered he had sexually harassed coworkers might continue to work as long as he reported his employment changes to the GMC.
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GP and Surviving in Scrubs founder Dr Becky Cox told The Independent: “We are very concerned by this data showing a low proportion of doctors accused of sexual assault receive interim orders to limit their practise whilst awaiting investigation and tribunal.
“We strongly urge the GMC to ensure that suitable measures are put in place to safeguard patients, staff and members of the public whilst investigations occur.”
The FOI records reveal annually the number of doctors and nurses who were the target of accusations without interim suspensions or limits. It leaves out the duration of time they spent in these circumstances.
If the GMC finds sufficient evidence, doctors can have temporary orders imposed on their licence to practise; the separate body Medical Practitioners Tribunal Service (MPTS) sets the consequences, which might include suspension.
The NMC can advise nurses on fitness to practise panels, suggesting an interim order is needed.
Chief executive of the charity Patient Safety Learning, Helen Hughes, said the numbers from both staff and patient safety angles were “deeply troubling.”
She said: “In healthcare, patients are typically confronted by a notable power imbalance. Serious accusations directed against medical practitioners call for robust procedures to protect patients and staff while they are under investigation.
“These are some grave allegations highlighted,” said Jacob Lant, chief executive of National Voices, an alliance of health and social care charities in England, on the data.
“In such cases, communities should quite rightfully be able to expect that NHS leaders and regulators make full use of their powers to prioritise patient safety while investigations are carried out.”
The numbers follow a string of stories from The Independent exposing a “toxic” culture inside the NMC that was allowing nurses accused of sexual assault and domestic abuse to go unpacked and unchecked.
Data shows that most doctors who get interim orders are not suspended. Instead, they find themselves under restrictions.
Following a fitness to practise hearing that revealed he sexually harassed female colleagues, made racial remarks and exploited his senior position, one Oxford transplant surgeon, James Gilbert, has been suspended from working for eight months. Three of his targets were trainees.
Previously, there were temporary licence constraints, so the surgeon just needed to let the GMC know where he was working so as not to restrict his capacity to operate.
In another instance, the Professional Standards Authority (PSA), the GMC’s regulator, brought it before the High Court over a six-month unreasonably lax penalty for a doctor accused of having sex with a vulnerable patient.
The PSA contended that the GMC had neglected the vulnerability of this patient, and the High Court decided that the doctor should be suspended for an additional six months.
“Sexual violence or misconduct of any kind is unacceptable and must be properly investigated and punished,” a Department of Health and Social Care official stated.
“Every regulator of a healthcare practitioner has a legal obligation to safeguard the general public. Where this is necessary to guarantee public protection, both the GMC and NMC can temporarily restrict the activity of registrants while they look at an issue.
Unless in extraordinary circumstances, the GMC states it takes all claims it receives seriously and refers all sexual assault, rape, or attempted rape allegations to the external MPTS following an inquiry.
Director of fitness to practise and general counsel at the GMC, Anthony Omo, said: “We are pretty clear that there is no place for any sexual assault, harassment or discrimination in the medical profession. Many times, including sexual claims, the GMC’s stance is that such significant wrongdoing is incompatible with ongoing registration.
“Early this year, our updated professional standards for doctors, Good Medical Practice, came into effect, which sets out zero tolerance of sexual misconduct and makes clear that acting sexually towards patients or colleagues is unacceptable,” he said.
Following stories from The Independent, the NMC improved its advice for staff on sexual misconduct and other types of abuse of nurses outside of professional practice last year.
It said: “We take allegations of sexual misconduct very seriously, and our data shows that where charges are found proved at a hearing, the most common sanction handed down by panels is a striking off order.”
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