Dr Ann McCloskey loses appeal over Covid disciplinary suspension

A Derry-based GP has lost an appeal against an initial suspension imposed on her for comments about Covid-19 vaccines.

Senior judges ruled today that a final order made against Dr Anne McCloskey at separate disciplinary proceedings meant the case was “extinguished by law”.

Dr McCloskey faced action from the General Medical Council (GMC) over conduct relating to Government-imposed restrictions during the pandemic.

The former Aontu councillor expressed concerns in a social media video in 2021 about young people taking Covid jabs.

It included claims that they had been coerced, bribed, bullied, and treated in breach of their human rights.

Disciplinary charges were brought against her for using her position as a doctor to promote a personal opinion, with the potential to undermine public health information and discourage people from receiving the vaccine.

In September 2021 a tribunal imposed an 18-month Interim Suspension Order (ICO) for the alleged misconduct.

Lawyers for the GMC later went to the High Court to seek an extension of the restrictions imposed on Dr McCloskey pending the completion of all relevant fitness to practise investigations.

The medic, who represented herself at the hearing, resisted the application and disputed the validity of the action taken against her.

But in June last year a High Court judge extended the ICO until March 2024.

As Dr McCloskey appealed that decision, it emerged that the disciplinary proceedings against her have now been completed.

In October the tribunal confirmed that her suspension is to continue for a further six months from that date.

Counsel for the GMC argued that the sanction imposed meant the original ICO has now been revoked and no longer exists.

Dr McCloskey claimed the Medical Practitioners Tribunal Service was an “interloper” in her challenge directed at the decision of the High Court.

She described herself as a lawful whistle blower making public interest disclosure and alleged apparent bias against her.

Delivering judgment at the Court of Appeal, Lord Justice McCloskey did not question the sincerity of her beliefs or assertions that she has an “unblemished record” of 40 years medical service in the community.

But dismissing the GP’s case, he said: “The GMC made a final order, suspending the appellant from practice for a specified period.

“Crucially, the GMC also revoked the High Court interim suspension order.

“The appeal to this court was as a matter of law extinguished in consequence.”

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