Rape-accused doctor faces sanction appeal hearing

Dr Aloaye Foy-Yamah denies raping a woman at his home

A rape-accused doctor who avoided being struck off faces a new disciplinary tribunal after the General Medical Council (GMC) secured an appeal hearing to reconsider a ruling to only suspend him.

Former Blackpool Victoria Hospital consultant Dr Aloaye Foy-Yamah had his medical licence suspended for 12 months in March after he was found to have attacked a woman at his home.

While police investigated but did not charge him, the Medical Practitioners Tribunal Service (MPTS) concluded, on the balance of probabilities, that the doctor had raped the woman. He denies the accusation.

Dr Foy-Yamah asked the High Court to overturn the MPTS ruling. The GMC challenged the decision not to strike him off.

'Burden of proof'

Mr Justice Ritchie rejected Dr Foy-Yamah's argument but paved the way for a new disciplinary hearing.

A spokeswoman for the GMC, which regulates the profession, said: 'We welcome the High Court's decision.

'We are clear that that any form of sexual misconduct has no place in healthcare.

"At the fresh tribunal we will argue once again, that erasure is the appropriate sanction in this case."

In criminal cases, a defendant can only be convicted if the prosecution can prove guilt "beyond reasonable doubt" - a much higher burden of proof than merely satisfying the court "on the balance of probabilities".

The MPTS, which emphasised the incident had not taken place in a professional setting, was accused of "victim-blaming" by the GMC.

Given that it had concluded that Dr Foy-Yamah had raped a woman, the MPTS has also been accused of failing to properly assess the risks of him continuing to practise.

Blackpool Victoria Hospital said it no longer employed Dr Aloahye Foy-Yamah

At the original tribunal, the panel stopped short of striking Dr Foy-Yamah off and said he had not "abused his position of trust as a doctor" because the victim was not a patient.

The MPTS also noted a series of glowing testimonials from his colleagues.

The High Court accepted the GMC's argument that the panel had been "wrong in its findings on risk and impairment on public protection grounds and hence the sanction needs to be reconsidered".

Mr Justice Ritchie said: "Whilst the panel ruled that suspension was the appropriate sanction - despite the panel considering that the misconduct... bought him close to the line over which erasure would have been necessary - I consider that the appropriate sanction should be reconsidered by a panel as soon as is practicable."

In the meantime, the judge said the doctor's suspension should continue.

The GMC said no date had yet been listed for the new tribunal.