The General Medical Council (GMC): The GMC, which regulates doctors in the UK, has a policy of erasing the disciplinary records of doctors who have undergone gender transition. This means that when a hospital hires a trans doctor, they cannot access the doctor's previous disciplinary history under their former name.

Concerns about patient safety: Some argue that this policy could pose a risk to patient safety, as hospitals are unable to fully assess a doctor's past conduct. They believe that patients have a right to know if a doctor has a history of disciplinary issues, regardless of the doctor's gender identity.

Dr. Beth Upton, a transgender physician currently at the center of a legal dispute in Scotland, is one of the more than 60 examples the regulator has acknowledged. It has now come to light that NHS hospitals hiring new physicians are unaware of whether medical professionals have changed their gender identity or their past disciplinary record. According to a person close to Health Secretary Wes Streeting, the situation is "crazy" and puts patients at excessive risk. Hospitals must consider the disciplinary histories of medics while making employment decisions, he stated. It's absurd that employers aren't aware of them, and something has to happen. Wiping disciplinary records has nothing to do with treating people with respect, regardless of their gender identification.

‘A gross failure’

Normally, when a doctor is selected for an interview, HR departments must check the GMC record.

This would include examining any warning notices on the record – such as a history of inappropriate relationships, a history of alcoholism or drug abuse.

Others argue that erasing these records is essential to protect trans doctors from discrimination. This situation highlights the tension between patient safety and the rights of transgender individuals. It raises questions about how to balance these competing interests and ensure both patient well-being and fair treatment for trans doctors.However, if a doctor changes their gender ID they are issued with a new registration and fresh GMC number, with all such links to the past erased.

Dr Gordon Caldwell, a retired NHS consultant for 28 years, who was heavily involved in recruitment, said the situation was a “gross failure” of the safety regulator.

He said: “When I had concerns about a doctor I was able to drill into the GMC record, and from there see a summary of the sanction. The concerns were important and would stay on record for years.”

Dr Caldwell, who called for the resignation of Charles Massey, the GMC’s chief executive over the matter, added: “This is a gross failure by GMC which could result in ‘at-risk’ doctors being unknowingly appointed, risking patient safety and the trust’s reputation.”

Dr Louise Irvine, a GP who is co-chairwoman of the Clinical Advisory Network on Sex and Gender said: “People who are recruiting doctors need to be able to access the full GMC history to explore any issues. It is worrying that this isn’t available to them.”

Hospitals hiring doctors are expected to get references from previous employers, which could alert them to recent disciplinary matters, but would be less likely to elicit information on more historic misdemeanours.

The GMC’s position came to light after a retired anaesthetist contacted The Telegraph, raising concerns that Dr Upton had been given a new registration number.

Dr Upton is at the centre of an employment tribunal against NHS Fife.

Nurse Sandie Peggie has said she was subjected to unlawful harassment by being made to share a changing room at Victoria Hospital, Kirkcaldy, with Dr Upton, a transgender doctor who was using the female changing rooms.

The GMC has now confirmed that Dr Upton is one of 62 doctors to have been given new registration numbers under different GMC numbers.

The revelations prompted the Health Secretary to demand immediate changes from the regulator.

Mr Streeting told The Telegraph: “This is extremely concerning and should not have been allowed to happen.”

He added that he expected the GMC to address the issue.

A GMC spokesman on Friday said the regulator would be responding to the Secretary of State.

He said: “This is a complex area and we have to balance a number of competing interests, however, our focus remains on protecting the public and public confidence and upholding standards.”There is no suggestion that Dr Upton has faced any disciplinary action.

The loophole also raises the prospect that those who wish to cover up previous sanctions could choose to exploit the system and change their gender identity for that reason.

It follows a clampdown in prisons, where trans offenders were previously able to move to women’s jails, even if they had male genitalia and a history of sex crimes until the rules were changed in 2023.

An NHS spokesman said: “All NHS organisations must declare any concerns they have about a medical professional when they move organisation, with doctors also required to declare any disciplinary proceedings that they have been subject to. But it is still absolutely vital that the GMC gives as much information as possible to NHS employers.”

A spokesman for the GMC subsequently told The Telegraph: “We haven’t faced the situation you describe, as no fitness to practise history has been removed or suppressed. In such a scenario we would need to consider carefully how best to present such information, balancing a number of factors and being mindful of the Gender Recognition Act.”

Source-Daily Telegraph and The Times