BDA considering legal action over patient charge deductions

09 December 2016
Volume 31 · Issue 6

The British Dental Association (BDA) has announced it is planning to mount a legal challenge on behalf of NHS General Dental Practitioners over NHS England’s approach to deductions from patient charge revenue.

Since September, the BDA has been canvasing its membership on the problems they have been facing with NHS systems. The deductions from patient charge revenue for over performance and performance ruled non-contributory has emerged as a major theme.

The BDA has now taken senior legal advice, and is asking GDPs who feel they have been affected to come forward to form the basis of a potential High Court challenge.

Eddie Crouch, vice chair of the BDA, said, “NHS England’s heavy handed approach to patient charge revenue means many dentists suffer financial losses simply for providing their patients with needed care. So we have taken legal advice about the legitimacy of their approach, and our lawyers say there is a strong case to be made. 

“So, we are now reaching out to all practitioners who have lost out on income they have legitimately earned. We need individuals who are prepared to have their cases argued in court in order to establish the principles which may subsequently form the basis of challenges which could be worth many millions of pounds. 

“We've already been able to secure concessions from NHS England for the manifold failures by Capita on performer lists our members highlighted. Over 500 foundation dentists who faced having to stop working at the start of December, can now continue. Claims that would have fallen foul of the two month rule due to slow performer attachments are now being permitted.

“We’re making progress, but there is so much more we can do. I urge all BDA members to raise this issue with colleagues and encourage them to share their experiences.”

GDPs prepared to have their case considered are invited to complete this online form www.surveymonkey.co.uk/r/CWGPCF6