Dentists

All practising dental surgeons are expected to meet the standards set by the General Dental Council in its document Standards for Dental Professionals. This is updated regularly and provided to every new dental surgeon registered by the GDC. The GDC has the duty and power to remove from the Dentists’ Register any member who is shown to have behaved in a manner unsuitable for continued registration. The action it takes is limited by the provisions of the Dentists Act 1984.

The GDC will act on complaints that it receives from patients, members of the public or other dentists and information from organisations such as the police or NHS which suggest that the dentist’s fitness to practise is impaired due to health, conduct (convictions and cautions) or performance.

How does an investigation start?

The GDC Investigating Committee investigates the allegation to assess grounds and evidence and decides whether it should be considered by one of the fitness to practise committees:

  • 1. Professional Performance Committee
  • 2. Health Committee
  • 3. Professional Conduct Committee
If enough evidence is available and further investigation is required, the GDC Registrar refers the allegation to a Practice Committee and notifies the Committee’s decision to the individuals subject to allegation and making allegation. The nature of the alleged impairment of fitness to practise will determine which Practice Committee should hear a case. If no issue of impairment to practise can be established, the Investigating Committee will close the case. Advice or a warning may be issued.

If you find yourself the subject of an investigation or have any concerns concerning your practice, you should seek legal advice sooner rather than later. We can provide guidance and represent you throughout the various stages of the GDC disciplinary process.

The Investigating Committee may consider that the Interim Orders (‘IO’) Committee should consider making an order for interim suspension or interim conditional registration. If so, the Registrar refers the matter to the IO Committee. Sanctions available are either an ‘interim suspension order’ for up to 18 months or an ‘order for interim conditional registration’ for up to 18 months.

Such an order shall be reviewed:

  • 1. within every 6 month period; or
  • 2. within 3 months if the person concerned requests an earlier review; or
  • 3. when new evidence relevant to the order becomes available.
A full hearing before a Practice Committee is conducted in 3 stages: a preliminary stage; the factual enquiry and finally an analysis of the facts and determination of the case. The dentist called before the PCC usually attends the hearing but is normally represented by a solicitor or barrister. A notice of the enquiry, including the charge to be faced, is sent to the dentist by the GDC’s solicitors at least 28 days before the date of enquiry. The Committee’s first duty is to determine whether the facts in the charge have been proved. Only after some or all of these facts have been proved, does the Committee whether this amounted to serious professional misconduct.

If fitness to practise is not impaired then the Committee may give a warning or advice regarding future conduct. If fitness to practise is found to have been impaired the following sanctions are available to the Practice Committee:

  • 1. erasure from register (only by Professional Conduct Committee);
  • 2. registration suspended for up to 12 months;
  • 3. conditional registration for up to 3 years;
  • 4. suspension/conditional registration may be extended at a later date;

Failure to comply with requirements imposed as conditions may result in Committee ordering, erasure from register (except in a health case) or suspension for up to 12 months.

It is possible to appeal a decision of the Practice Committee that the dentist should be erased, suspended or have conditions imposed on registration, with a 28 day time limit for appeals (to High Court in England and Wales) starting with date on which notification of decision was served. We can provide you with guidance and representation to challenge conditions that are unfair.
In the case of suspension, the dentist’s name is automatically restored to the Dentist’s Register at the end of that period. No application may be made to Professional Conduct Committee (via the Registrar) for restoration to register until the expiry of ten months from the date of erasure (soon to be changed to 5 years in line with GMC disciplinary procedure) or in any period of 12 months in which an application for restoration has already been made. To assist the Professional Conduct Committee with consideration of these applications, the Council’s Solicitor first recalls the evidence which led to the erasure. The dentist applying to be restored to the Register may then address the Committee and call witnesses in support of the application. The applicant may be represented by Counsel or a solicitor at the hearing.
A GDC investigation can be both upsetting and intimidating. We have extensive experience gained from representing many professionals throughout the various stages of their disciplinary proceedings. We can provide expert help and support through this often challenging time.