GDC investigations and Professional Conduct Committee proceedings

If the GDC receives a complaint about a dentist or dental care professional, then it will investigate that complaint. Firstly, this means that it will decide whether or not it is the appropriate body to investigate. This means an initial investigation process to determine whether or not the complaint ought to be referred to the casework investigation team to look into the complaint further. If the matter is referred to the casework investigation team then you will be notified of the fact of the complaint.

You have obligation to make a report to the GDC immediately if:

• You are subject to any criminal proceedings anywhere in the world (i.e. if you are formally charged with an offence);
• You are the subject of fitness to practice proceedings brought by any regulator anywhere in the world;
• A finding has been made against you by any healthcare regulator anywhere in the world;
• You are placed on a barred list by the DBS either here or in Scotland.

A failure to notify in such circumstances will likely result in disciplinary fitness to practice proceedings.

You should acknowledge receipt of the correspondence. You have an obligation to comply with any GDC investigation (see Principle 9 Standards for the Dental Team).   You should seek specialist legal advice before providing any substantive response.

The casework investigation team will look into the complaint and obtain information and evidence to establish whether or not the matter should be referred to the case examiners. In essence, the casework investigation team decide whether the matter ought to be investigated more fully. If so, the matter is referred to the case examiners. If not, you will be notified that the matter is closed.

The case examiners decide whether or not there is a ‘case to answer’. They will examine the information and evidence passed to them by the casework investigation team. They will write to you and send you a copy of the material gathered in support of the investigation invite your written to response to the complaints raised. You are advised to seek legal advice about this response if you have not already done so. Your response is very important and may make an important difference to how the case proceeds. Having received your written submissions, the case examiners will decide how the matter proceeds.

They may decide:

• To take no action
• To issue a letter of advice
• To issue a warning
• To refer the matter to a Practice Committee

There are three Practice Committees:

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

A date will be fixed for a final public hearing which is prosecuted by the GDC. Directions will be given for the service of evidence. The Committee will consist of a mixture of dental professionals and lay persons. After hearing the evidence, the Committee will decide if the GDC case is made out to the civil standard ‘on a balance of probabilities’.

If the Committee finds that any of the allegations are proven it will go on to decide the appropriate sanction. Possible sanctions include:

• A reprimand
• The imposition of conditions on practice
• Suspension
• Erasure from the register

The Interim Orders Committee (IoC) has the power to impose orders restricting or preventing the ability of a dental professional to practice pending the outcome of disciplinary proceedings. The predominant consideration for the IOC will be the risk to the public in allowing the Registrant to continue to practice without restrictions. The IOC has the power to suspend a Registrant or impose conditions restricting practice.

If you are facing a regulatory investigation or prosecution, early legal advice could make all the difference. Whether you are in London or across England and Wales, contact one of our specialist regulatory defence solicitors to arrange a confidential consultation.

Call us on 020 7183 8950, email us or complete our secure online enquiry form.