Public Minutes of the Investigation Committee

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1 Public Minutes of the Investigation Committee Date of hearing: Name of Doctor Dr Mavji Manji Doctor s UID Committee Members Mr John Anderson (Chair) Mr David Hull (Lay) Dr Zahir Mohammed (Medical) Legal Assessor Panel Secretary Mrs Eleanor Platt QC Declan Leahy Attendance and Representation GMC Representative Doctor s attendance Doctor s representative Mr David Tempkin Present and represented Mr Matthew McDonagh Outcome Warning

2 Determination Dr Manji 1 At today s hearing the Investigation Committee carefully considered all the material before it including the submissions made by Mr Matthew McDonagh on your behalf, and those made on behalf of the GMC by Mr David Tempkin. It has accepted the advice of the Legal Assessor. Background 2 On 5 July 2016 you referred yourself to the GMC via your Responsible Officer, raising concerns about your fitness to practise. In your referral you stated that you were due to appear at Redditch Magistrates Court on 12 July 2016, having been charged for driving under the influence of alcohol. You said that you would be challenging this in court. 3 On 18 August 2016 the GMC wrote to you to inform you that they had opened an investigation into your fitness to practise. 4 On 1 February 2017 HM Courts and Tribunal Service provided the GMC with a copy of your certificate of conviction, dated 9 November It detailed that you had been convicted for driving a motor vehicle after consuming so much alcohol that the proportion of it in your breath exceeded the prescribed limit. The certificate stated that this was Contrary to section 5(1)(a) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act The certificate stated that you had changed your plea to Guilty. You were fined 1000, ordered to pay a surcharge of 100 and costs of 250 to the Crown Prosecution Service. You were disqualified from holding or obtaining a driving licence for 12 month(s), which was reduced to 9 months followed the completion of a driving course. 5 On 11 May 2017 the GMC wrote to you to advise you that the Case Examiners had considered the allegation and the supporting documents, and felt that this is a case that could be concluded with a warning. They included a draft of this warning and invited your comments. 6 On 3 July 2017 RadcliffeLeBrasseur responded to the GMC on your behalf. In this letter they stated that you admit the allegation, have acknowledged your personal responsibility and sincerely apologise for your actions. They invited the Case Examiners to take into account your personal circumstances at the time. RadcliffeLeBrasseur stated that it would be neither necessary nor proportionate to issue you with a warning, as the incident was not linked with your practice of medicine and a warning of 5 years would have a significant detrimental effect on your reputation. They invited the Case Examiners to conclude this case with a letter of

3 advice, and stated that if the Case Examiners were still minded to issue a warning, you would wish to exercise your right to an Investigation Committee hearing. 7 On 29 August 2017 the GMC wrote to you to inform you that you had been referred to the Investigation Committee for an oral hearing. Preliminary Legal Matters 8 At the outset of the hearing Mr McDonagh, on your behalf, requested that the Committee hear oral evidence from yourself and your colleague and Associate Medical Director, Dr William Tunnicliffe. Mr McDonagh also submitted 3 testimonials from your colleagues at the University Hospitals Birmingham NHS Foundation Trust. The GMC did not oppose the admission of this additional evidence or the calling of yourself and Dr Tunnicliffe. 9 The Committee determined that it would admit the written evidence and allow the calling of oral evidence, as its content was directly relevant to its consideration in this matter. GMC Submissions 10 Mr Tempkin, on behalf of the GMC, submitted that it would be both appropriate and proportionate to conclude with a warning in this case. He submitted that the purpose of a warning, as described in the Guidance on Warnings (2017) is to indicate to a doctor that their conduct and behaviour should not be repeated, and that a warning should be viewed as a deterrent. He submitted that whilst this was an isolated incident, it was not an isolated period of drinking, in response to difficult circumstances in your personal life. 11 Mr Tempkin submitted that your actions constitute a significant departure from Good medical practice (2013), specifically paragraphs 1 and 65. He noted that the Guidance on Warnings, specifically paragraph 22 and 23 provide one-off drink driving offences as an example of when a warning is appropriate. 12 Mr Tempkin noted that whilst you are an eminent doctor, a warning is proportionate. He submitted that the fact that there was a collision, and that you initially pleaded not guilty (although you did change your plea to guilty on 6 November 2016) should be considered as aggravating factors. Mr Tempkin submitted that, in view of your conviction, a warning would serve to maintain public confidence and declare and uphold public confidence in the profession. Defence Submissions 13 Mr McDonagh submitted that in the circumstances of this case, a warning, whilst usually appropriate, would be disproportionate. He submitted that it would not best 2

4 fulfil the GMC s role of protecting the public due to the impact it would have upon your ability to lead. 14 Mr McDonagh called yourself and Dr Tunnicliffe to give oral evidence, in which it was explained that you hold a senior role within the University Hospitals Birmingham NHS Foundation Trust ( the Trust ). He submitted, with assistance from the oral evidence, that you hold an important leadership role, and are not only involved in direct patient care, but also in broader non-clinical management and training. He submitted that your ability to fulfil these roles would be hindered and impacted by a warning. In the oral evidence provided by yourself and Dr Tunnicliffe, you stated that you feared that you would not be able to continue in these roles if a warning was imposed upon your registration, as this would impact upon the trust between yourself and your colleagues. Mr McDonagh also invited the Committee to take into account your personal, professional and family circumstances at the time of the incident. 15 In response to the submissions made by the GMC, Mr McDonagh submitted that the fact that there was a collision involved should not be considered as an aggravating factor. He stated that there is no evidence to suggest that your drinking contributed to the collision or who was at fault. He also submitted that your original not guilty plea should also not be considered as an aggravating factor, as at this time there had not been a clear and confirmed report on the levels of alcohol in your system. He stated that once the report came back, you accepted it and changed your plea. 16 Mr McDonagh submitted that to lose you from your leadership role at the Trust would have a potential risk to the protection of patients. He submitted that this outweighs any other consideration in this case and that a fully informed member of the public would not expect a warning to be issued, as they would be satisfied that you have been adequately punished by your already existing conviction. Committee Determination 17 The Committee is aware (Section 1 Medical Act 1983 as amended) that it must have in mind the GMC s role of protecting the public, which includes: a. Protecting, promoting and maintaining the health, safety and well-being of the public b. Promoting and maintaining public confidence in the medical professions, and c. Promoting and maintaining proper professional standards and conduct for members of that profession 18 The Committee considered that in giving oral evidence both you and Dr Tunnicliffe were credible and fair. You both assisted the Committee in having a clearer picture of your personality and character as well as the potential impact a warning may have upon you. 3

5 19 Taking into account all of the evidence provided to it, as well as the submissions made by Mr Tempkin and Mr McDonagh, the Committee determined that your actions were a clear and significant departure from the standards expected of you, specifically paragraph 65 of Good medical practice (2013). A conviction of drink driving is serious, and the risks involved in drink driving are very clear and well known to the public. It was an action which not only posed a risk to the safety of the public, but also impacts upon the public confidence in the profession, which you acknowledged in your evidence. 20 The Committee determined that your actions do approach, but fall just short of the realistic prospect test for a finding of impaired fitness to practise. It regarded your actions as serious, and considered that if they were repeated, this would be likely result in a finding of impaired fitness to practise. 21 The Committee recognised in the evidence provided to it that you have been described as an excellent doctor. The Committee is clear that, based on the evidence before it, there are no concerns about your clinical abilities or your ability to be a leader in healthcare. The Committee considers that it is important that you continue your essential work, in both clinical and non-clinical settings. 22 With regard to proportionality the Committee considered the evidence provided by yourself and the submissions made by Mr McDonogh concerning the risk a warning may have upon your ability to lead which would compromise patient care and patient safety. However the Committee determined that there has been no evidence provided to say that if you received a warning you would be removed from your current position of leadership by your employers. Although it did take into account your evidence that you would personally find it more difficult to take on and maintain leaderships roles. The Committee did not accept that if you chose no longer to continue in your current leadership roles this would be detrimental to patient care, as you stated in your evidence there are others who would also be able to fulfil these positions. 23 The Committee determined that it would be proportionate to issue you with a warning, bearing in mind its role in protecting the public and the role of the GMC as a trusted regulator. It determined that in this case a warning is both necessary and appropriate due to the clear need to uphold and maintain public confidence in the profession. It considered that the public would expect a formal regulatory response in this situation, as you have received a conviction for a serious criminal offence. It determined that it is important to uphold and maintain proper professional standards and are clear that it is not acceptable for a doctor to be convicted of a drink driving offence. 24 The Committee therefore directs that the following warning should be imposed upon your registration: 4

6 On 9 November 2016 you were convicted of driving a motor vehicle with excess alcohol, contrary to section 5(1)(a) of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act This conduct does not meet with the standards required of a doctor. It risks bringing the profession into disrepute and it must not be repeated. The required standards are set out in Good medical practice and associated guidance. In this case, paragraph 65 of Good medical practice (2013) is particularly relevant; this states You must make sure that your conduct justifies your patients' trust in you and the public's trust in the profession. Whilst this failing in itself is not so serious as to require any restriction on your registration, it is necessary in response to issue this formal warning. This warning will be published on the List of Registered Medical Practitioners (LRMP) for a period of five years and will be disclosed to any person enquiring about your fitness to practise history. After five years, the warning will cease to be published on the LRMP however it will be kept on record and disclosed to employers on request. 25 You will be notified of this decision in writing in the next two working days. 26 This ends the determination of the Committee in this case. 5

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