RCS England response to The General Medical Council v James Gilbert & Anor [2026]
06 Feb 2026
Professor Vivien Lees, Senior Vice-President of the Royal College of Surgeons of England (RCS England), said:
“Staff targeted by James Gilbert’s behaviour will feel disappointed by today’s Court of Appeal judgment.
“Erasure from the medical register must always remain a potential outcome for unacceptable behaviours, including sexual misconduct.
“The multiple stages of appeals in this case have compounded the anguish experienced by those targeted. While checks and balances are needed, this prolonged process is yet another example of how the current system fails to support individuals who come forward, placing undue burden on them.
“Recent changes to tribunal processes are welcome, but incremental change is not enough. We agree with the Health Secretary that the system is not protecting staff and patients. Urgent systemic reform, including reviewing current sanctions, is needed.
“Our surgical community has long raised concerns about whether sufficient penalties are being applied consistently, particularly in cases where the GMC has pressed for a stronger sanction. Targets of misconduct must feel safe and confident that robust action will be taken when they report concerns.
“The current system of medical regulation has too often failed targets of misconduct. Instead of delivering justice, it has frequently compounded trauma, allowed perpetrators to remain in positions of authority, and ultimately undermined patient care.
“RCS England is committed to eradicating these behaviours. We continue to call for a national, independent, anonymous reporting mechanism so NHS staff can raise concerns safely and with confidence. We have also introduced a comprehensive Code of Conduct, making clear that anyone who abuses their position as a surgeon has no place in our College.”
ENDS
Notes to editors:
1. Health Secretary’s comments on regulatory reform: https://observer.co.uk/news/national/article/sex-abusers-fly-below-the-nhs-radar
2. Research published in September 2025 in The Bulletin of the Royal College of Surgeons of England found that in nearly one in four cases, the sanctions imposed by MPTS tribunals were more lenient than those proposed by the General Medical Council (GMC), the UK’s independent regulator for doctors.
3. The study analysed 222 new MPTS tribunal cases heard between August 2023 and August 2024. Of these cases, 55 involved sexual misconduct – 46 of which were found to have impaired fitness to practise. 35 of the remaining 46 sexual misconduct cases identified in this study the MPTS tribunal imposed the same sanction as that proposed by the GMC, for the remaining 11 cases (23.9%) the GMC proposed erasure from the register, but the tribunal decided on suspension only.
4. Since the publication of The Working Party on Sexual Misconduct in Surgery’s (WPSMS) report Breaking the Silence: Addressing Sexual Misconduct in Healthcare and the in-depth study published by the British Journal of Surgery, we have redoubled our efforts to stamp out sexual misconduct, sexual harassment, and sexual assault. You can read more about the work RCS England is doing on sexual misconduct here: Sexual misconduct in surgery
5. In April 2025, the Royal College of Surgeons and the Working Party on Sexual Misconduct in Surgery (WPSM) published a policy brief, ‘Turning the Tide: Progress and Actions to Support Targets of Sexual Misconduct in Surgery’, which sets out eight priority actions to strengthen support for targets and enhance reporting of sexual misconduct in the NHS. This includes a call for an urgent overhaul of GMC and MPTS processes for handling sexual misconduct cases.
6. We launched a new comprehensive Code of Conduct (July 2024) for all members, specified non-members in appointed or elected roles, and RCS England staff. This Code ensures adherence to the highest standards of professional and ethical behaviour in alignment with Good Surgical Practice.
7. The Royal College of Surgeons of England provides world-class education, assessment, and development to 30,000 surgeons, dental professionals, and members of the wider surgical and dental care teams at all stages of their careers. Our vision is to see excellent surgical care for everyone. We do this by setting professional standards, facilitating research, and championing the best outcomes for patients.
8. For more information, please contact the RCS England press office: telephone: 020 7869 6053/6054/6047; email: pressoffice@rcseng.ac.uk; out-of-hours media enquiries: 0207 869 6056
“Staff targeted by James Gilbert’s behaviour will feel disappointed by today’s Court of Appeal judgment.
“Erasure from the medical register must always remain a potential outcome for unacceptable behaviours, including sexual misconduct.
“The multiple stages of appeals in this case have compounded the anguish experienced by those targeted. While checks and balances are needed, this prolonged process is yet another example of how the current system fails to support individuals who come forward, placing undue burden on them.
“Recent changes to tribunal processes are welcome, but incremental change is not enough. We agree with the Health Secretary that the system is not protecting staff and patients. Urgent systemic reform, including reviewing current sanctions, is needed.
“Our surgical community has long raised concerns about whether sufficient penalties are being applied consistently, particularly in cases where the GMC has pressed for a stronger sanction. Targets of misconduct must feel safe and confident that robust action will be taken when they report concerns.
“The current system of medical regulation has too often failed targets of misconduct. Instead of delivering justice, it has frequently compounded trauma, allowed perpetrators to remain in positions of authority, and ultimately undermined patient care.
“RCS England is committed to eradicating these behaviours. We continue to call for a national, independent, anonymous reporting mechanism so NHS staff can raise concerns safely and with confidence. We have also introduced a comprehensive Code of Conduct, making clear that anyone who abuses their position as a surgeon has no place in our College.”
ENDS
Notes to editors:
1. Health Secretary’s comments on regulatory reform: https://observer.co.uk/news/national/article/sex-abusers-fly-below-the-nhs-radar
2. Research published in September 2025 in The Bulletin of the Royal College of Surgeons of England found that in nearly one in four cases, the sanctions imposed by MPTS tribunals were more lenient than those proposed by the General Medical Council (GMC), the UK’s independent regulator for doctors.
3. The study analysed 222 new MPTS tribunal cases heard between August 2023 and August 2024. Of these cases, 55 involved sexual misconduct – 46 of which were found to have impaired fitness to practise. 35 of the remaining 46 sexual misconduct cases identified in this study the MPTS tribunal imposed the same sanction as that proposed by the GMC, for the remaining 11 cases (23.9%) the GMC proposed erasure from the register, but the tribunal decided on suspension only.
4. Since the publication of The Working Party on Sexual Misconduct in Surgery’s (WPSMS) report Breaking the Silence: Addressing Sexual Misconduct in Healthcare and the in-depth study published by the British Journal of Surgery, we have redoubled our efforts to stamp out sexual misconduct, sexual harassment, and sexual assault. You can read more about the work RCS England is doing on sexual misconduct here: Sexual misconduct in surgery
5. In April 2025, the Royal College of Surgeons and the Working Party on Sexual Misconduct in Surgery (WPSM) published a policy brief, ‘Turning the Tide: Progress and Actions to Support Targets of Sexual Misconduct in Surgery’, which sets out eight priority actions to strengthen support for targets and enhance reporting of sexual misconduct in the NHS. This includes a call for an urgent overhaul of GMC and MPTS processes for handling sexual misconduct cases.
6. We launched a new comprehensive Code of Conduct (July 2024) for all members, specified non-members in appointed or elected roles, and RCS England staff. This Code ensures adherence to the highest standards of professional and ethical behaviour in alignment with Good Surgical Practice.
7. The Royal College of Surgeons of England provides world-class education, assessment, and development to 30,000 surgeons, dental professionals, and members of the wider surgical and dental care teams at all stages of their careers. Our vision is to see excellent surgical care for everyone. We do this by setting professional standards, facilitating research, and championing the best outcomes for patients.
8. For more information, please contact the RCS England press office: telephone: 020 7869 6053/6054/6047; email: pressoffice@rcseng.ac.uk; out-of-hours media enquiries: 0207 869 6056