Case examiners introduced to protect patients

03 November 2016
Volume 31 · Issue 6

A series of fundamental improvements to the General Dental Council’s (GDC) fitness to practise process to better protect patients were introduced on November 1.

Case examiners will now carry out the decision making functions currently performed by the Investigating Committee.

They will have the new power of agreeing undertakings with practitioners in relevant cases, which can happen far earlier in the investigation. Some dental professionals will no longer have to go through lengthy and potentially stressful Practice Committee hearings.

The 14 case examiners – who are a mixture of clinical and lay members – will work in pairs. In each case, one clinical and one lay case examiner will assess the evidence gathered during an investigation and use a suite of outcome options, for example, issuing a warning, offering undertakings (agreements) or taking no further action and closing the case.

When there is a realistic prospect of the dental practitioner’s fitness to practise being impaired, they will refer the case to one of the three Practice Committees (conduct, performance and health). A change in the law means at any point during the investigation, case examiners can refer a serious case to the Interim Orders Committee.

Jonathan Green, director of fitness to practise at the General Dental Council, said: “Introducing case examiners will benefit patients, the public and dental professionals and improve the efficiency of the GDC’s fitness to practise process.

“By not having to frequently convene an Investigating Committee, we will be able to make decisions quicker than before which benefits patients. We can take action straight away action to support the dental professional to improve his practise. This new way of working is also more cost effective, and, at the same time, relieves unnecessary stress to the dental professional.

“Where a professional demonstrates insight into their failings, remorse and a desire to remediate, we now have a mechanism to be much more proportionate and to agree undertakings in suitable cases without having to hold a full hearing.

“We only want to deploy our investigatory and prosecuting powers where they can make a difference to patient safety and protect public confidence in dental services, which inevitably will be in only the most serious and complex cases.”

Using undertakings, case examiners will be able to agree the steps that need to be taken to bring the practitioner’s practise up to the required standard. This may include further training or stopping aspects of treatment until the professional has completed additional training. Practitioners will be supported and encouraged by the GDC to improve for the duration of the undertakings.

One of the new case examiners, Glenn Mathieson, said: “I am pleased to be joining the GDC during this exciting time and I am ready for the challenge to improve dental regulation.

“The new mechanism is about patient safety as case examiners will be able to make agreements with the dental professional much earlier in the FtP process than ever before.

“The GDC wants to be a learning organisation and to help foster a learning culture in the profession. Allowing a dental professional to improve patient care by raising standards through continuing education and feeding back any relevant learning to the profession, rather than taking punitive action through a stressful hearings process, is much better for all concerned.”

The Dental Defence Union welcomed the news but has said it will be vigilant in monitoring the impact on fitness to practise procedures.

John Makin, head of the DDU, said the DDU had contributed to the training of the 14 case examiners to help them better understand the perspective of the registrant in fitness to practise hearings.

John commented: “Now the GDC Case Examiners have completed their training and have started work, the DDU will monitor their impact on fitness to practise hearings. We want to make sure they have the desired effect of making the process more efficient, proportionate and fairer for all involved, without compromising safety.

“GDC fitness to practise investigations can be incredibly stressful for the dental professional involved and, until now, the hearings process has been slow and cumbersome. We hope the new case examiners will play a role in improving the system and achieving a better outcome for all involved.”