Q

What should I do if I have received a notification from the GDC?

A

If you have received a notification from the GDC of an investigation, you should not directly respond without first seeking initial legal advice, as almost anything you say to the GDC may be used in evidence.

It is vital you have the best legal support throughout the investigative process, ensuring you are aware of your options and understand the best course of action to take. Contact the experienced team of dental solicitors at JMW, and we can offer advice on your next steps. The sooner you start to build your defence, the better your chances of a successful resolution to your case.

Pragmatic advice from our expert dental lawyers can also help to ensure you fully comply with the investigation, while minimising any risk to yourself. Even if you have done nothing wrong, there is often a risk of self-incrimination. However, our solicitors will prepare you ahead of any interviews and can represent you to ensure you only provide information that you are legally required to divulge, and that you are not made to answer irrelevant questions.

Q

What can trigger a GDC investigation?

A

There are many reasons that the GDC might decide to investigate dentists and dental practices. The organisation may act in response to complaints raised by patients, fellow dentists or other professionals.

The GDC also operates the Dental Complaints Service, which patients and professionals can use to report dental negligence or other concerns about a private dental practice, dentist or service.

The GDC's investigating committee has a legal obligation to investigate any complaints or allegations that a registrant is no longer fit to practise.

Q

How can I defend myself against allegations of dental negligence?

A

The best way to defend yourself and your reputation during a GDC investigation is to work with an expert dental lawyer. The experienced team of dental law solicitors at JMW provides a comprehensive range of legal services to support clients with investigations by regulatory bodies.

This starts with discussing the circumstances of the investigation and any complaints made against you. From there, we will gather evidence and begin to build your case. Thanks to our experience, we have developed relationships with relevant expert witnesses, whom we may also call upon to provide testimony. We will represent you and ensure your rights are upheld during any interviews and hearings, should this be necessary. This will also allow us to ensure that the investigation proceeds according to the law, and that you comply with the investigation so as to avoid any consequences or penalties that might otherwise arise.

Q

What happens during the GDC investigation process?

A

When the GDC conducts an investigation, there are a number of steps the body will take to gather evidence. These steps include: 

• Taking written statements from the complainant and any other relevant parties 
• Interviewing employers and colleagues 
• Obtaining the complainant’s dental records 

Once evidence has been gathered, your case will be examined and you will be asked to provide a response. Our solicitors can assist you in writing a suitable reply.

The case examiners will review all the information that has been provided, deciding whether the case should be referred to one of the GDC’s Practice Committees, which include: 

• The Professional Conduct Committee 
• The Professional Performance Committee 
• The Health Committee 

If there are no grounds for a referral to be made, your case could conclude with no action. 

Alternatively, it could be concluded with advice, or a formal warning could be issued on your registration. 

If a referral is made to one of the Committees, you will be invited to a public hearing where your fitness to practise will be judged and a sanction will be decided.

Q

What are the potential outcomes of a GDC Committee hearing?

A

At the end of a GDC hearing, you could face one of the following sanctions depending on the committee’s decision: 

• A formal statement of the GDC’s disapproval could be issued
• Conditions could be set on your registration for a maximum of three years
• Suspension of your registration for a maximum of 12 months
• Permanent removal from the dental registry

The GDC does not mediate civil disputes, and the investigation process cannot result in an order to pay compensation. However, findings may be used as evidence in dental negligence claims, and if you are found to have given negligent treatment to a patient, you may also be required to pay them compensation.

Q

What happens at a hearing?

A

Cases are usually heard in public. However, they can be heard partly or fully in private if there is good reason to do so.

A fitness to practice panel will sit in the hearing. The fitness to practice panel is made up of both independent lay people and dental professionals. They will sit through the hearing and listen to the evidence presented to them. They determine the question of whether the dental professional’s fitness to practice is impaired.

One of the fitness to practice panellists will take on the role of chairing the hearing. There is a Committee Secretary who ensures that the business of the hearing is conducted properly. There will also be a legal advisor present at the hearing who is either a Solicitor or Barrister. However, they cannot advise how best to present your case. The role of the legal advisor is to explain the legal process and that is all. As a result, it is important to seek independent legal representation.

The Committee Secretary and Legal Advisor play no role in the decision-making process.

Lawyers who have been instructed by the GDC and the accused professional are there to present both sides of the case and question witnesses.

Q

What different types of hearings are there?

A

There are 3 categories of committees: conduct, performance, and health. These hearings are used to determine if the professional’s fitness to practice is impaired or not. At each hearing, there will be dental care professionals as well as lay people. The different types of committee hearings are as follows:

• Professional conduct committee hearings determine if there has been any misconduct;
• Professional performance committee hearings look to see if the performance is deficient in any way; and
• Health committee hearings look to see if performance might be deficient on the ground of physical or mental health.

In cases where there has been more than one type of allegation, there will be overlap between the hearing types.

Q

What is the role of the GDC case examiners?

A

The GDC case examiners work to resolve public protection issues. Each case will be considered by 2 case examiners. In the process of doing so, they review details and reach decisions on issues about registered dental professionals.

The case examiners will wait until all the relevant evidence and information is available to them. This will include comments by the dental professional who is subject to the investigation.

If the case examiners do not think the case needs a hearing, they might decide on one of the following outcomes:

• Adjourn the case for further information;
• Close the case and take no further action;
• Issue a letter of advice;
• Issue a warning (published or unpublished to the register);
• Invite the dental professional to agree to a series of undertaking; or
• Refer the Dental Professionals Hearings Service

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