In February 2023, the GDC announced that it is making reforms to how it manages fitness to practise matters. One of the reforms that the GDC will be undertaking is to close any open cases that mirror an ongoing investigation by another authority such as NHS or MHRA.

Referrals to the GDC made by NHS England:

One of the key features of this reform is that the GDC will no longer be automatically opening a case that is referred to it by NHS England. This applies in circumstances where NHS England are investigating the matter or dealing with concerns in respect of a registrant but at a local level. Similar to the above, there will be caveats for cases that fall outside of this reform. The GDC will open an investigation if it receives a referral from NHS England which includes concerns that are a serious and immediate risk to public safety or confidence. This also includes where the registrant practises privately.

Cases that are an exception to the reform:

There are certain caveats that are included within this reform. The GDC will be asking those authorities to inform the GDC if they find any patient safety or public confidence issues arise that may need the GDC’s intervention. In addition to this, any cases which involve an ongoing police inquiry, where a registrant is subject to an interim order on their registration or where registrants have other open fitness to practise investigations will not be closed.

Circumstances where cases can be closed:

Further reform will include the GDC ensuring that it reviews and closes cases in circumstances where there is no prospect of establishing that a registrant’s fitness to practise is impaired. This can occur when the GDC’s lines of inquiry have been exhausted or the GDC has insufficient evidence in order to raise any specific allegations.

Summary:

The reasoning behind the reform is for the GDC to reduce the number of cases it is investigating and to alleviate the pressure upon its resources. Furthermore, it is hoped that this will reduce the impact upon registrants when they are subject to two investigations running simultaneously by the GDC and another authority.

This is a welcome reform for many, and within the Gordons Regulatory team, we have assisted many dental professionals who have unfortunately been the subject of investigations by multiple organisations. We appreciate that this can be an incredibly stressful time for registrants and these reforms potentially allows for any investigation to progress efficiently.

GDC Solicitors

If you have been made aware that you are the subject of a GDC investigation or you are in the process of GDC Fitness to Practise proceedings, then please do not hesitate to contact Richard Creamer or Lily Rose Lloyd from our Healthcare Regulatory department at 01483 451900 or email directly to richard@gordonsols.co.uk or lily@gordonsols.co.uk

About the Author

Lily

Lily Rose Lloyd

Associate