"At least one relative of the dead wrote to the GMC in 2002, expressing her concerns about Dr Barton and asking the GMC to investigate. In reply on 11 June 2002, the GMC said: "We do not consider that the actions of Dr Barton raise any issue which could be regarded so serious as to justify formal proceedings which may result in the restriction or removal of her registration." Yet two months after the inquest was announced last year, Dr Barton's practice was restricted by the GMC. A fitness to practice hearing will begin after the inquest.
In GMC correspondence seen by The Independent on Sunday, it admits it was aware of the case in 2000, but repeated attempts by GMC lawyers between 2000 and 2004 to persuade the Interim Orders Committee to take action against Dr Barton were unsuccessful. The committee was not convinced of the need to restrict Dr Barton's practice until the inquest was announced.
Peter Walsh, chief executive of Action Against Medical Accidents (AvMA), said: "This raises serious concerns about the rationale and consistency of the GMC's decision-making. This is another in a long line of cases which must lead the public to ask whether the GMC is fit for purpose."
Ann Alexander, the solicitor who represented families in the Harold Shipman inquiry and advised a number of relatives in the Gosport deaths, said: "The GMC has made few improvements since the publication of the Shipman inquiry. I do not understand why they failed to impose restrictions on the doctor until 2008. The GMC must remember that its role is to protect patients and not doctors."
According to the GMC, its actions were held back while other investigations took place, but says the necessary steps to investigate the case fully are being taken. A GMC spokeswoman said: "This is a difficult and complex case which has been investigated by various agencies. Criminal investigations always take precedence over any GMC procedures. It was necessary [for us] to wait for the outcome of the various investigations."
