MDDUS express concern over General Dental Council guidance
The MDDUS has written to the General Dental Council (‘GDC’) expressing grave concern and asking for the immediate reconsideration of the regulator’s decision to effectively ignore a High Court ruling, which found that a double jeopardy scenario concerning sanctions is both wrong and unfair.
The High Court ruled that the GDC’s guidance, that an order of immediate suspension be considered separate from any subsequent substantive suspension order, was effectively a punishment for appealing. The GDC has responded to the High Court ruling by announcing its intention to apply for permission to appeal. Not only this however, the GDC has also 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 were potentially unlawful, stating:
“It is not open to the GDC to choose to set that judgement aside, unless and until the Appeal Court determines that a mistake in law has been made. Until then, panels must be bound by the current judgement.”
The High Court ruling as it stands, should mean that GDC registrants can be certain ‘time served’ whilst awaiting appeal will be factored in as part of any subsequent suspension order.
Following receipt of the open letter from the MDDUS and concern from other corners of the profession, 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 consideration 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 the further developments in this area, however in the meantime, if you are a GDC registrant or indeed a registrant from any healthcare regulator and have concerns about an order or judgment that you’ve received, then we encourage you to act quickly and seek independent legal advice regarding your case whilst the option to appeal might still be open to you.