Royal Court quashes resolution notice on former Sark doctor

Dr Borchardt actioned Dr Rabey in his capacity as responsible officer for Health & Social Care and asked the Royal Court to judicially review and quash an investigation he had commissioned which was allegedly based on ‘frivolous and vexatious’ concerns reportedly raised about her.

This was despite Dr Borchardt passing her customary five-year appraisal and revalidation with the NHS in April 2023.

Dr Borchardt took up the position as GP in Sark in October 2020.

As a result of an investigation carried out on behalf of HSC by Dr David Carter, Dr Rabey decided that concerns raised amounted to substantive issues. He then took the decision to issue Dr Borchardt with a ‘resolution notice’.

Dr Borchardt sought a review of these two decisions on several grounds. After hearing from Advocate Robin Cowling on behalf of Dr Borchardt, and Advocate Jason Hill on behalf of Dr Rabey, Royal Court Judge Fionnuala Connolly quashed Dr Rabey’s decision that the concerns raised substantive issues, and the issuance of the resolution notice.

It was accepted that the investigation carried out by Dr Carter was flawed procedurally, which included it being finalised before Dr Borchardt had the opportunity to respond to evidence given by several of the witnesses interviewed.

In addition, Dr Borchardt said, and the court accepted, that the shortcomings of Sark’s medical infrastructure in relation to the medical practice had not been sufficiently taken into account.

Despite this fact, the report was circulated by Dr Rabey to the General Medical Council’s employment liaison adviser, along with Dr Borchardt’s UK responsible officer.

The court held that the resolution notice issued to Dr Borchardt was ‘flawed and incomplete’.

Dr Borchardt, who had previously worked in Alderney and Guernsey, left the island in spring last year