regulatorydefence

The MDDUS has written to the General Dental Council (GDC) expressing grave concern. They asked for immediate reconsideration of the regulator’s decision to ignore a High Court ruling. The ruling found that a double jeopardy scenario concerning sanctions is both wrong and unfair.

The High Court ruled that the GDC’s guidance considered immediate suspension orders separate from substantive suspension orders. This approach effectively punishes those who appeal. In response, the GDC announced its intention to apply for permission to appeal. Furthermore, the GDC advised its panel members to “continue to follow current guidance until the appeal is heard.”

In an open letter, the MDDUS warned that the GDC’s actions could be unlawful, stating:

“It is not open to the GDC to set that judgment aside unless the Appeal Court determines that a mistake in law has occurred. Until then, panels must be bound by the current judgment.”

As it stands, the High Court ruling should ensure that GDC registrants receive credit for ‘time served’ while awaiting appeal. This time will factor into any subsequent suspension order.

Following the MDDUS letter and concerns from other professionals, the GDC released a brief statement:

“We welcome challenge and feedback from stakeholders and listen to their concerns. In this case, we identified that the information circulated to independent Committees in the Dental Professionals Hearings Service should incorporate the wider legal considerations around this issue.

“We have amended our previous statement to clarify this and to express more clearly the decision-making role of Committees.”

Regulatory Defence keenly awaits further developments in this area. In the meantime, if you are a GDC registrant or a registrant from any healthcare regulator, act quickly. Seek independent legal advice about any order or judgment you’ve received while the option to appeal remains open.