Sarah Benn verdict: an unwelcome deterrent for doctors attending climate protests

Doctors campaigning to protect patients and the public against the health dangers of the climate emergency have suffered a setback. Sarah Benn, a retired GP, has been sanctioned by the General Medical Council (GMC) for multiple breaches of a court order while engaging in peaceful climate protests. For younger doctors this verdict sends a bleak message. Not only will this decision further undermine our trust in the regulator, but it serves as an unwelcome deterrent to practising clinicians engaging in climate activism.

Benn was part of a group of Just Stop Oil protestors who demonstrated within a prohibited buffer zone at Kingsbury oil terminal against the production and use of fossil fuels. She received a custodial sentence and at a fitness to practise review she was suspended from the medical register for five months. This verdict has sparked concern from the BMA, the UK Health Alliance on Climate Change, and among clinicians and the public.12 Benn has had her licence to practise suspended, despite her actions posing no risk to patient safety or her clinical competency. During the hearing, the tribunal determined that Benn’s actions represent a “serious departure from Good Medical Practice.”3 But this verdict did not consider a doctor’s duty to speak up when they are concerned about patient or public safety, a doctor’s responsibility to protect and promote the health of patients and the public, and a doctor’s duty to choose sustainable solutions and support initiatives to reduce the environmental impact of healthcare. We don’t need to look far to see that current efforts to tackle the climate emergency are insufficient and that stronger action is needed.

The counsel for the GMC has stated that by breaking the law, Benn threatens the public's trust in the medical profession. But her actions will likely have the opposite effect for many. The public, and indeed younger clinicians, may find solace and inspiration in witnessing senior medical professionals speaking out about climate inaction. Benn has openly stated that she intends to continue protesting until the government takes action against the climate emergency, saying: “How could my patients trust me again, if I didn’t take action to confront the greatest health crisis we face?”4

English law courts have already set a precedent for acquitting climate activists, on account of an indisputable risk of civil unrest and climate collapse if current trends continue.5 The European Court of Human Rights has recently called Switzerland’s failure to reduce greenhouse gas emissions a breach of human rights.6 Historically, the GMC has already run afoul of an indiscriminate approach to sanctioning “law breaking” clinicians, apologising only recently for past regulatory action taken against doctors convicted under homophobic laws.7 Benn’s actions need to be considered in their wider context. Not doing so will only add to doctors’ disillusionment and lack of confidence in the regulator.

It’s uncertain where this verdict leaves the medical profession. Younger doctors engaging in climate activism will now face the moral distress of balancing the risk of GMC sanctions with an increasing sense of responsibility to protect the planet through demonstrative action. I have already taken part in peaceful climate protests but with even a small risk of losing my livelihood I will now think twice about doing so again. The upcoming tribunal of Patrick Hart, a GP and climate activist, may confirm whether Benn’s case is the beginning of a pattern.8 How many doctors will end up with their licence to practise revoked before the necessary urgent climate action is taken remains anyone’s guess.

The GMC needs to take responsibility for its role in tackling the climate crisis. Encouraging inclusion of sustainability in medical curriculums and good medical practice, while commendable, is not enough. Instead, the regulator should reconsider urgently the decision to pursue action against doctors engaging in peaceful climate activism while it’s not too late, even if those doctors break the law. Let’s hope that Benn’s courage and resolve provides fuel for clinicians to speak out against the climate emergency and doesn’t become the deterrent it is intended to be.