Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what guidance he has issued on the use of unlicensed doctors in his Department's tribunals.

Medical Members principally sit on cases in the Social Entitlement and Health, Education and Social Care (Mental Health) and War Pensions and Armed Forces Compensation Chambers.

Members of the Tribunals, who are not judges, are appointed by the Senior President of Tribunals under either Schedule 2 or 3 of the Tribunals, Courts and Enforcement Act 2007. Required qualifications for these appointments are specified in the Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008, which sets out that a person who is not a judge is only eligible for appointment as a member of the First-tier or Upper Tribunal if they are, amongst other listed professions, a Registered Medical Practitioner. The Order also clarifies that a Registered Medical Practitioner means a fully registered person within the meaning of the Medical Act 1983, whether or not they hold a licence to practise under that Act.

This requirement is included in the information for candidates issued by the Judicial Appointments Commission (JAC) for Medical Member recruitment. As part of the selection process, the JAC checks and validates each candidate’s registration against the General Medical Council’s online register.

Following appointment, General Medical Council registrations are checked, at least annually, by the Tribunals as part of the appraisals process. All Tribunal Members, including Medical Members, are subject to the judicial conduct guidance issued by the Lord Chief Justice and Senior President of the Tribunals, and are expected to notify the relevant leadership judge immediately of any change in circumstances.