We handle cases where dentists are being investigated by their regulatory body, the General Dental Council (GDC).
The Regulatory Process
In the United Kingdom, dentists are regulated by the General Dental Council (GDC), which is responsible for maintaining the professional register and investigating concerns about a dentist’s fitness to practise. Where a concern is raised, the GDC will first assess whether the matter falls within its jurisdiction and whether there is sufficient evidence to justify further investigation. If the matter proceeds, evidence will be gathered from relevant sources, and the dentist will normally be given an opportunity to respond to the allegations.
At the conclusion of the investigation, the matter may be referred to GDC Case Examiners, who consider whether there is a realistic prospect of establishing that the dentist’s fitness to practise is impaired. The Case Examiners may decide to take no further action, issue advice or a warning, agree undertakings with the dentist, or refer the matter to a formal fitness to practise hearing. Where necessary to protect patients or the public interest, the GDC may also refer the matter to an Interim Orders Committee, which can impose temporary conditions on the dentist’s registration or suspend them from practising while proceedings continue.
Formal hearings are conducted by independent practice committees administered by the Dental Professionals Hearings Service. Depending on the nature of the allegations, the case may be heard by the Professional Conduct Committee, Professional Performance Committee, or Health Committee. At the hearing, the dentist is entitled to attend, make representations, call witnesses and submit evidence in their defence. The Committee will determine whether the factual allegations are proved on the balance of probabilities and whether the dentist’s fitness to practise is currently impaired.
If the Committee determines that the dentist’s fitness to practise is impaired, sanctions may include a reprimand, conditions on registration, suspension, or erasure from the dental register. Erasure prevents the dentist from practising unless and until their registration is restored. Under the current regulatory framework, a dentist who has been erased cannot apply for restoration to the register until at least five years have passed from the date the erasure took effect, and restoration is not automatic.
A dentist may appeal against an appealable decision to the High Court in England and Wales or Northern Ireland, or to the Court of Session in Scotland, generally within 28 days of notification of the decision being served. In addition, the Professional Standards Authority (PSA) has the power to challenge certain decisions of the GDC’s practice committees before the relevant court where it considers that the outcome is insufficient to protect the public. This means that even where a dentist receives a relatively lenient sanction, the decision may subsequently be challenged and a more severe outcome may result.
Internal Disciplinary Proceedings
We also assist and represent dentists where they are the subject of internal disciplinary proceedings by their employer.
What To Do If Regulatory Proceedings Are Commenced Against You
Should internal disciplinary proceedings or GDC regulatory proceedings be commenced against you, then please either telephone us on 0333 301 0700, or complete our questionnaire.