The Article 2 Operational Duty and Regulatory Investigations
29 January 2026
In Suresh & Ors v General Medical Council [2025] EWHC 804 (KB), the High Court considered claims brought by the family of a doctor who died by suicide after receiving a letter from the General Medical Council (GMC). That letter stated that his Fitness to Practise was under investigation for allegedly sexually assaulting a 15-year-old patient.
It is important to emphasise that Marcus Pilgerstorfer KC, sitting as a Deputy High Court Judge, recorded at the outset of his judgment that identification evidence provided to the police by the complainant was inconsistent with the perpetrator being Dr Suresh. The Crown Prosecution Service decided that there was insufficient evidence to prosecute. Dr Suresh has never been found to have committed the offence alleged [4].
Dr Suresh’s family brought claims against the GMC in negligence and under the Human Rights Act 1998. The Defendant successfully applied to have both claims struck out and/or summarily dismissed. This article considers the court’s analysis of the human rights claim.
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