The UK government has been cleared of human rights violations for the second time this week, following a ruling by the Strasbourg-based European Court of Human Rights that by suspending a doctor from practice it had not violated his right to ‘peaceful enjoyment of possessions’.

The case arose when a general practitioner’s practice was inspected by his local primary care trust (PCT), which proceeded to suspend him from the ‘performers list’ because of the threat he posed to the health of his patients. The ‘performers list’ details who is allowed to provide medical services to members of the public; if a doctor is not on the list, he or she is prohibited from practising.

The GP, Dr Malik, appealed the decision through the English courts on the grounds that by suspending his ability to practise his profession, the PCT had deprived him of his right to the peaceful enjoyment of his possessions.

The Strasbourg court held that there was no infringement of this right for four reasons: Dr Malik continued to be paid during his suspension under the terms of the NHS contract; there was a fall in patient numbers during the litigation, but the doctor had failed to prove this was caused by the suspension; even if the fall was caused by the suspension, Dr Malik did not show that this had affected his income; and while goodwill in the practice might be affected by a fall in patient numbers, that did not affect the doctor as it has no marketable value.