Written 18th June 2026 by Martha Odysseos
The UK Government has set out to reform the way that healthcare professional regulators work to modernise and bring the regulatory system up to date.
As part of the plans to reform, the General Medical Council (GMC) became a multiprofessional regulator responsible for the regulation of physician associates (PAs) and anesthesia associates (Aas) from December 2024.
Following on from this, in March 2026 the government launched a consultation on the draft of the ‘General Medical Council Order 2026’ (‘the draft order’) which will reform how doctors and other healthcare professionals are regulated.
As the consultation draws to a close on the 23rd of June 2026, associate solicitor, Martha Odysseos looks at why change is needed.
Why Reform Is Being Proposed
The current legislative framework governing the GMC is widely viewed as outdated and overly rigid. The reforms aim to create a system that is faster, fairer, better placed to protect the public and help the workforce meet future challenges.
Key Changes
The proposed legislation, once fully in force, will repeal the majority of provisions in the Medical Act 1983 and the entire Anaesthesia Associates and Physician Associates Order 2024.
The legislation will mean that there is:
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Increased GMC Autonomy
Part of the increased flexibility is for regulators to be provided with powers to set more of their own operating procedures through rules or guidance that do not require the approval of Parliament, or where the matter relates to devolved matters, the Scottish Parliament or the Privy Council. Article 80 of the draft order sets out that rules must be made by GMC in writing. An instrument by which rules are made must state the power that such are made and it must also be published by GMC
This means that the GMC will be able to amend rules more efficiently without Privy Council approval.
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Creation of a Single Register:
Article 32 of the draft order sets out that GMC must establish a single register of the regulated professionals. The register is to consist of only 3 parts, one for each regulated profession (medical practitioners, physician assistants in anaesthesia and physician assistants). The draft order provides that the register must be maintained by GMC’s registrar. A regulated professional must be entered in the part of the register that relates to their relevant profession. They must have only one entry in any one part of the register.
A unified register will improve transparency for patients and employers.
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Flexible Registration and Training Standards
Article 34 of the draft order sets out that GMC must determine standards applicable to registration as a regulated professional whereas Article 35 provides that an application for registration must comply with such procedural requirements as may be prescribed by GMC in rules and such additional requirements as GMC’s registrar may direct.
This means that GMC will gain powers to adapt requirements more quickly.
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New Offences
Article 29 of the draft order provides that a person commits an offence if the person, with intent to deceive, falsely represents a person (including himself or herself) to have a qualification approved by GMC.
A person who commits an offence under this article is liable on summary conviction in England and Wales to a fine, or on summary conviction in Scotland or Northern Ireland to a fine not exceeding level 5 on the standard scale.
Reform of Fitness to Practice Proceedings:
Paragraph 8 establishes the Medical Tribunal Service (MTS), currently known as the Medical Practitioners Tribunal Service (MPTS). MTS will remain as a statutory committee.
Paragraph 19 provides the power for GMC to convene appeal panels and for MTS to convene fitness to practise panels to exercise, on behalf of GMC, the adjudicatory functions conferred on appeal panels and fitness to practise panels respectively. For appeal panels and fitness to practise panels, GMC must make rules setting out further detail regarding, for example, the constitution of a panel and the process for making appointments.
This should hopefully mean that processes will become faster, less adversarial, and more efficient.
What This Means for Healthcare Professionals
The proposed reforms represent a major shift in healthcare regulation. While aiming to improve efficiency and patient safety, they also introduce new legal considerations for practitioners.
These reforms may lead to faster investigations, evolving regulatory rules, and increased need for early legal advice.
How Olliers Solicitors Can Help
Olliers Solicitors have extensive experience advising healthcare professionals facing GMC investigations and fitness to practise proceedings. Early legal advice is likely to become even more important under the evolving framework and the pro-active and engaging approach of the team at Olliers means that we are perfectly placed to assist.
Olliers is unique in its ability to offer a truly integrated defence, seamlessly combining our top-tier expertise in criminal and regulatory law. This dual capability means we provide protection against parallel proceedings, regulatory sanctions and criminal prosecution. We manage the entire picture, preventing costly overlaps and ensuring that the defence strategy supports both sets of proceedings.
If you are facing an investigation or the possibility of an investigation by your regulator or professional body and wish to speak to one of our team, please contact us at the earliest possible opportunity for a confidential discussion. We are able to represent you wherever you are based across England and Wales. All of our specialists have substantial experience in dealing with a range of regulatory investigations and proceedings, as well as, complex criminal cases.
| Type of Sentence | Effect | Youth vs Adult Sentence |
|---|---|---|
| Absolute Discharge | This is the lowest form of disposal once a case reaches court. No punishment is imposed. | Same for adults and youths |
| Conditional Discharge | Similar to an absolute discharge except with a condition to not commit another crime. If you do commit a further crime then you can be sentenced for the first offence as well as the new one. | Same for adults and youths |
| Fines | A fine should reflect the offence committed and the person’s ability to pay. | Where a child or young person is under 16, the parent or guardian is required to pay the fine and it will be their ability to pay that is considered. If an adult is fined, it will be their ability to pay that is considered. |
| Referral Orders | A referral order requires the child or young person to attend a youth offender panel and agree a contract, containing commitments, which will last between three months and a year. The aim is for the child or young person to make up for the harm they have caused and do something about their offending behaviour. An order must be imposed for a first offence where the child or young person has pleaded guilty (unless the court decides that another sentence is justified) and may be imposed in other circumstances. | Youths only |
| Youth Rehabilitation Orders | A Youth Rehabilitation Order is a community sentence. It can include one or more requirements that the offender must comply with and can last for up to three years. Some examples of the requirements that can be imposed are a curfew, supervision, unpaid work, electronic monitoring, drug treatment, mental health treatment and education requirements. | Youths only |
Can Children Be Sent to Custody?
Children and young people can receive custodial sentences, but they will be imposed only in the most serious cases. When they are given, they aim to provide training and education as well as rehabilitate the offender so they do not reoffend.
Sentences can be spent in secure children’s homes, secure training centres and young offender institutions unlike Adult offenders who spend custodial sentence in prison.
Types of Custodial Sentences for Children and Young People
Different types of custodial sentences are available for youths as follows:
| Custodial Sentences | Effect | Age |
|---|---|---|
| Detention and Training Order (DTO) | This can last between four months and two years. | If a child or young person between 12 and 17 years old is sentenced in the youth court, they could be given a DTO. However, only those who are ‘persistent offenders’ between the age of 12–14 should be given a DTO. |
| Longer Term Detention | For more serious cases, longer-term detention can be imposed where the offence committed carries a maximum sentence of at least 14 years’ imprisonment or is one of the offences listed in section 250 of the Sentencing Code. | All those under 18 can be given a Longer Term Detention. |
| Detention for Life or Extended Sentence of Detention | A sentence of detention for life or an extended sentence of detention may be imposed if a child or young person is convicted of a specified offence and the Crown Court considers that there is a significant risk of serious harm to members of the public from them committing further specified offences. | All those under 18 can be given a Detention for Life or Extended Sentence of Detention. |
| Detention during His Majesty’s Pleasure | Detention during His Majesty’s Pleasure is a mandatory life sentence and will be imposed when a child or young person is convicted or pleads guilty to murder. | The starting point for determining the minimum sentence where the offender is under 18 years of age is 12 years, as opposed to 15 years for those over the age of 18. |
What to Do Right Now If Your Child Is Facing Sentencing
If your child has been arrested, charged, or is due to be sentenced, it is completely normal to feel frightened and overwhelmed. The most important thing is to act early and calmly.
Here are the immediate steps parents should take:
Get specialist legal advice straight away
Youth sentencing is very different from adult sentencing. A solicitor who regularly represents children can ensure the court understands your child’s age, maturity, vulnerabilities and personal circumstances.
Make sure the court knows about any vulnerabilities
If your child has mental health difficulties, learning disabilities, neurodivergence, trauma, speech or communication needs, this must be raised. These factors can significantly affect sentencing decisions.
Attend court and support your child
For most children, a parent or guardian must attend court with them. Your presence can help your child feel supported and ensure their welfare needs are addressed.
Do not assume custody is inevitable
Even for serious offences, custody is a last resort for children. Courts are required to prioritise welfare, education and preventing further offending.
Focus on the longterm impact, not just the immediate outcome
A youth sentence can affect education, employment and future opportunities. Early legal advice can help minimise longterm consequences wherever possible.
If your child is facing sentencing, early specialist advice can make a real difference.
Speaking to a youth defence solicitor as soon as possible gives your child the best chance of a fair and proportionate outcome.
A: Children are sentenced under a separate youth justice system which places far greater emphasis on welfare, education and preventing further offending. Courts recognise that children are still developing, may act impulsively and often lack full understanding of the consequences of their actions. As a result, sentences for children are usually more rehabilitative and less punitive than those imposed on adults.
A: The age of criminal responsibility is 10 years old. Children under the age of 10 cannot be arrested or charged with a criminal offence. Different welfare‑based interventions may apply instead, depending on the circumstances.
A: Yes. Children aged 10 to 17 can be charged with offences ranging from minor matters such as shoplifting to the most serious offences, including rape and murder. However, even in serious cases, children are treated differently from adults at every stage of the sentencing process.
A: Most children will appear in the Youth Court, which deals specifically with young people aged 10 to 17. In very serious cases, such as those involving grave offences, a child may be sent to the Crown Court for trial or sentencing.
A: The Youth Court is a specialist court designed for children and young people. It is less formal than adult courts, closed to the public, and focuses on communication and understanding. Magistrates or judges speak directly to the child to ensure they understand the process and what is being said.
A: Yes. If a child is under 16, a parent or guardian must attend court with them. For 16 and 17 year olds, parents or guardians may still be required to attend, particularly where the court believes their involvement is necessary to support the child.
A: In most cases, children are protected by reporting restrictions. This means their name and any identifying details cannot be published in the media, helping to protect their privacy and future.
A: Yes. The court has a legal duty to consider the welfare of the child. It must also have regard to the principal aim of the youth justice system, which is to prevent offending by children and young people.
A: Early specialist legal advice is crucial. A solicitor experienced in youth cases can ensure your child’s welfare, vulnerabilities and personal circumstances are properly presented to the court, which can significantly affect the sentence imposed.
A: The court will consider a wide range of factors, including the child’s age, level of maturity, mental health, learning difficulties or disabilities, neurodiversity, past trauma, speech and language needs, and overall vulnerability, particularly if custody is being considered.
A: Courts recognise that children are generally less culpable than adults. Children are still developing emotionally and psychologically, may act impulsively, and may not fully appreciate the impact of their actions. These factors are reflected in sentencing decisions.
Worried About Your Child’s Sentence? Speak to a Specialist Youth Defence Solicitor
If your child is facing sentencing, you do not have to navigate this alone. The youth justice system is complex, and the outcome can have longlasting consequences for your child’s education, wellbeing and future.
At Olliers, we regularly represent children and young people in the Youth Court and Crown Court. We understand how frightening this process is for families, and we take the time to ensure the court fully understands your child as a person, not just the offence.
Early specialist advice can make a real difference to the sentence your child receives and the longterm impact on their life.
If your child has been charged or is awaiting sentencing, contact Olliers today for clear, compassionate advice. Call 0161 834 1515, email info@olliers.com, or complete the enquiry form below to speak to our specialist youth defence team.
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- About the Author
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Martha joined the firm in April 2021 after completing an internship at Olliers in the summer of 2020. She was initially a part of the Litigation Support team before starting her training contract in September 2021.