Former Sark GP suing Guernsey's lead doctor

Advocates for Dr Simone Borchardt have filed papers with Guernsey’s Royal Court looking to quash an investigation report commissioned by Dr Peter Rabey, acting as responsible officer for the Committee for Health & Social Care, in the autumn of 2023, which is described as ‘flawed and incomplete’ and based on ‘frivolous and vexatious’ complaints.

The papers add that pursuing an investigation on the basis of the report was ‘an unreasonable or irrational exercise’ of Dr Rabey’s powers.

Dr Borchardt left the island in April, around the time that the legal action was launched.

Despite passing her customary five-year appraisal and revalidation with the NHS in April 2023, Dr Borchardt, who had practised in Sark since October 2020, was informed by the Sark medical committee in August that year that there were concerns about her performance.

Dr Rabey took over the investigation in September.

After some delays, Dr David Carter was appointed by Dr Rabey to carry out the investigation. Terms of reference included management of long-term conditions, management of patients at end of life, working collaboratively with colleagues and safe handover to locum doctors, and the safe management of medicines. A report was finished and submitted on 12 December.

Dr Borchardt responded, through her lawyers, asking that the report not be sent out until she had the opportunity to respond and include ‘relevant and crucial evidence’.

Dr Rabey then informed Dr Borchardt that the report had already been sent to the General Medical Council and other authorities. He said that he believed the report was balanced and fair and raised ‘substantive concerns’ about the applicant’s practice.

A ‘resolution notice’ was then issued on Dr Borchardt, which she now wants to be set aside. She said that it was unclear who raised concerns about her practice, and whether they were from Sark or the UK.

Dr Borchardt wanted the opportunity to respond to the report before it was disseminated, and has complained that it failed to factor in ‘the shortcomings of the medical infrastructure in the Island of Sark’.

She said its dissemination risked her ‘suffering irreparable harm and damage to her career and professional reputation’.

Dr Borchardt had previously worked in Guernsey and Alderney. She was the third Sark doctor in a row to leave the island before the end of their term of contract.

The island is currently without a doctor and being served by visiting locums from Guernsey.

It is believed Dr Borchardt had annoyed some island residents by changing and formalising the way medication was dispensed.

Dr Rabey’s role as a responsible officer sees him accountable for the local clinical governance processes in the Bailiwick, with a focus on the conduct and performance of doctors.

Dr Borchardt seeks an order quashing Dr Rabey’s decision that substantive issues had arisen, an order setting aside the resolution notice and costs. The action is proceeding through the Royal Court.