On 23 March 2020 the GDC issued their COVID-19 guidance on regulating in uncertain times in an attempt to reassure dental professionals who are currently in the midst of a GDC fitness to practise investigation as well as general advice in respect of regulation.

The GDC state that their two main principles at the moment are:

  • Minimising the burden of time and attention they impose on registrants
  • Maximising the flexibility of registrants to manager their professional activities in response to the current COVID-19 crisis.

The GDC do not expect any dental professional to provide treatment unless, in their professional opinion, it is safe to do so for patients and the dental team. This is based upon recent NHS England guidance which states that “all routine, non-urgent dental care including orthodontics should be stopped and deferred until advised otherwise.” We would urge you to ensure that you are familiar with NHS England guidance as the GDC are asking for dental professionals to use their professional judgment in line with NHS and government advice.

If you are currently subject to a GDC’s fitness to practise investigation and have an upcoming hearing in the next few months then it is likely that it has been postponed. The GDC’s position is that almost all fitness to practise hearings have been postponed unless there is “an immediate perceived risk to patient safety”. The GDC are hoping to relist hearings as soon as it is safe to do so but they are also continuing to schedule any new referrals from the Case Examiners. Their reason for this is the GDC list substantive hearings up to 9 months in advance so for example, if you were to be referred by the Case Examiners to a Practice Committee hearing in January 2020 then your hearing could potentially be listed for September 2020.

The GDC have a legal duty to investigate any legitimate concerns which have been raised to them. The GDC in their guidance have said that they will continue to progress any new and existing cases as far as they possibly can. This means that there is the potential for dental professionals to receive notification of an investigation and/or be referred to the Case Examiners for their consideration. As part of the GDC’s core principles which is minimising the burden on dental professions the GDC will be taking a “pragmatic and reasonable” approach. This means they will be avoiding any requests for information such as dental records unless there is an urgent need in respect of patient safety to do so.

It is likely that dental professionals who are subject to fitness to practise investigations or have been referred to a GDC Practice Committee hearing then they will be subject to delays.

Gordons Healthcare Regulatory Team are continuing to assist dental professionals in all aspects of GDC fitness to practise investigations and have attended hearings remotely. If you would like to speak to one of our GDC lawyers about your case then you can contact either Richard Creamer or Iain Pickering from our Regulatory department on 01483 451900 or alternatively, email them at richard@gordonsols.co.uk or iain@gordonsols.co.uk