Suspension sanction after rape finding should be reconsidered, judge says

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By Erin Dean

A doctor could be struck off after a judge ruled his 12-month suspension by a tribunal that found he had raped a woman should be reconsidered.

While police investigated but did not charge Dr Aloaye Foy-Yamah, the Medical Practitioners Tribunal Service (MPTS) concluded, on the balance of probabilities, that he had raped the woman. He denies the accusation.

A High Court judge upheld an appeal from the General Medical Council (GMC) that the sanction should be reconsidered and that the panel was wrong to find that Dr Foy-Yamah did not pose a risk to the public.

The GMC said in its appeal that the only proper sanction for rape “was the erasure of Dr Foy from the register of practitioners, not just suspension”.

Mr Justice Ritchie said a written judgment that the sanction should be reconsidered by the MPTS as soon as practicable.

The MPTS panel's declaration that Dr Foy-Yamah posed no risk to women in the future failed to properly take into account his “conduct, lack of insight, his lack of remediation”, he said.