CONTROVERSIAL EXPERT WITNESS RESTORED TO MEDICAL REGISTER
A controversial expert witness has been restored to the medical register after successfully appealing a decision by the General Medical Council to find him guilty of serious professional misconduct, a ruling that had previously also been backed by a High Court judge.
Dr David Southall's subsequent legal challenge was heard by three Appeal Court judges, Lord Justice Waller, Sir John Dyson and Lord Justice Leveson.
They ruled that the GMC had failed to give adequate reasons for their decision on allegations made by the mother, Mrs M, that Dr Southall had accused her of murdering her son.
The case against him arose after the paediatrician, one of the UK's leading experts in the protection of children, had been asked by a county council to provide an independent report relating to the safety of the surviving son of Mrs M, from Shropshire.
A GMC panel found in December 2007 that the doctor's actions added to the distress of the mother, whose 10-year-old boy hung himself in 1996.
The announcement followed an appeal ruling in Dr Southall's favour by the three judges last month, when they found that the panel had failed to give adequate reasons over the allegations relating to Mrs M.
Lord Justice Leveson said that he was "far from convinced that the public interest is truly served" by a re-hearing of the "limited factual allegation that was made in this case, turning on the precise language used 12 years ago".
He added: "Having said that, however, protection of the public interest is primarily for the GMC and I do not consider it appropriate to remove the responsibility for making this decision from them."
Lord Justice Leveson went on to conclude that "I would quash the findings of the panel in relation to Mrs M, including the sanction, and remit the matter for the GMC to determine whether or not, in the light of all the circumstances and these observations, it is appropriate to pursue the complaint of Mrs M to a fresh panel."
Apart from the Mrs M allegation, a panel has yet to consider what penalties should be imposed on Dr Southall in relation to other charges. Dr Southall, who worked as a consultant paediatrician at London's Royal Brompton Hospital from 1982 before moving to the same post at the North Staffordshire Hospital in Stoke-on-Trent in 1992, has now been restored to the GMC register.
It is possible that Dr Southall could still face further disciplinary action over the allegations.
Responding to the judgement, GMC Chief Executive, Niall Dixon, said that the Council would "take immediate steps to resolve the outstanding issues raised in the complex judgment and convene an expert group to look into wider questions raised."
He added "In spite of the fact that it is rare for paediatricians involved in child protection to find themselves facing action by the GMC, there is no doubt that this case has caused considerable concern within the paediatric community."
Mr Dixon finished by saying that "This is vital and difficult work and nothing should deter professionals from undertaking it, to protect vulnerable children across the UK."
ENDS