south west dental network event 19 june 2008

South West Dental Network Event 19 June 2008

The Council’s fitness to practise function

South West Dental Network Event

South West Dental Network Event, 19 June 2008

The GDC role:

The Council shall have a general concern to promote high standards of professional conduct, performance and practice among persons registered under this Act.

[The Dentists Act, Part 1, section 1(2)(b)]



The primary purpose of professional

regulation is to ensure patient safety.

Sir Liam Donaldson, Chief Medical Officer for England

Trust, Assurance and Safety – The Regulation of Health Professionals in the 21st Century [February 2007]



The General Dental Council was set up by Parliament and is independent of Government and the National Health Service.

94% of GDC income comes from registrants’ fees.(Source: 2006 Annual Report & Accounts)



The GDC aims to protect patients by:

- Registering qualified dental professionals- Setting high standards of dental practice and behaviour- Quality-assuring education- Making sure dental professionals keep up to date- Take action when their ability, behaviour or health makes them

unfit to practise



The Fitness to Practise Team

FTP is the operational department which executes the GDC’s statutory function for investigating concerns about dental practitioners’ ability, behaviour or health.



Who can report concerns to us? Anyone (2007 figures):Patients 409 54.89%Other 82 11.01%Dentists 78 10.47%NHS bodies 54 7.25%Member of public 33 4.43%Police 33 4.43%Parent 27 3.62%GDC 20 2.69%Other public body 8 1.07%



Examples of things which are reported to us:- Sexual assault or abuse

- Being under the influence of drink or drugs

- Fraud

- Seriously poor treatment

- Failure to obtain patients’ consent

- Not having professional indemnity cover

- Cross-infection issues



Reports by main subject

– Clinical standards/treatment 56%– Behaviour/conduct 29%– Service provided 5%– Fraud 3%– Fees charged 1%– Health problem 0.57%– Sexual assault/abuse 0.57%– Other 5%



How to make a report to the GDC about someone’s fitness to practise

We need as much relevant information as possible, in writing:

– Your full contact details

– Full name and address of the dental professional

– Their registration number

– A description of what happened, when and where

– Your view on what the dental professional has done wrong or is unfit to practise

– Your consent to send a copy of what you send us to the dental professional

– Relevant material, such as disciplinary hearings, performance assessments and associated correspondence



What happens next?

There are three stages:

1 Caseworker2 Investigating Committee3 Practice Committee (Health, Conduct or Performance)

At each stage a decision is made on the basis of the information available at that time as to how to dispose of the case.



Stage 1: Caseworker

An allegation has been made to the Council that a registered dental practitioner’s fitness to practise is impaired by reason of:– Misconduct– Deficient professional performance– Adverse physical or mental health– A conviction or caution in the UK– A conviction elsewhere for an offence which, if committed in England and

Wales, would constitute a criminal offence– A determination by a regulator that a person’s fitness to practise is impaired

It doesn’t matter whether the matter alleged happened outside the UK or before the person was registered with the GDC.



Outcomes from the caseworker stage:

- Defer for more information

- Close case

- Refer to the Investigating Committe



Stage 2: The Investigating Committee

- Five members (lay & dental)

- Consider written material from both sides

- Meets in private (no appearances from informant or registrant)



Outcomes from the Investigating Committee stage:

- Adjourn for further enquiries

- Close case

- Close case but send advice or warning letter

- Refer to a Practice Committee


PCT Open Day – 30 October 2007

Assessment of complaint/informationElapsed working days (target)

• 0 2 3 8

• 63 48 27 22

• 123

Info arrivesRead by Ops Man.

Allocated to caseworker

Assessment meeting

Consent received

Registrant notified

Registrant’s Obs for IC

Informant’s comments

Investigating Committee



Stage 3: The Practice Committees

- Conduct: 126 cases- Health: 17 cases- Performance: 0

Panel members are independently appointed and trained for the task. All hearings held in public, except where there is a successful application for part to be heard in private.



Outcomes from Professional Conduct Committee (PCC):

- Impairment not found, case closed

- Reprimand

- Registration subject to conditions up to three years

- Registration suspended up to 12 months

- Name erased from the register



The PCC can also:

- Refer a case to Health or Performance

- Send a case back to the Investigating Committee

- If erased, also impose immediate suspension



Appeals- The registrant has 28 days to lodge an appeal against

suspension or erasure

- The CHRE (Council for Regulatory Excellence) has a further 28 days to appeal against an ‘unduly lenient’ decision



The main stages

Registrar Investigating Committee

Practice Committees

CHRE referral to the High Court

Interim OrdersCommittee



Links with other GDC teams

FTP Registration

Hearings DCS CES

FTP Legal Services



Links with other agencies

FTP NHS bodies

Police & courts Defencesolicitors

Other regulators

Departments of Health



Thank you for listening

Any Questions?

south west dental network event 19 june 2008

Documents