GDC consults on an update to judgment guidance for fitness to practice hearings

04 September 2024

The General Dental Council (GDC) is consulting on proposed revisions to the decision-making guidance for practice committees, administered by the Dental Professionals Hearings Service.

The service considers allegations where a public protection issue or concern has been raised about a dental professional’s behaviour, clinical practice or health.  

The regulator said the move better aligns with the guidance of the four stages of a hearing and makes it easier to understand.

Stefan Czerniawski, executive director of strategy at the GDC, said, “We are proposing revisions to the guidance, to ensure that dental professionals and the public can be confident that decision making is transparent, consistent and proportionate.”

The changes include guidance on discrimination and harassment, special measures to support vulnerable witnesses and reasonable adjustments for registrants. 

Stefan added, “There is also guidance on sexual misconduct that underlines the seriousness of this type of behaviour and makes it clear that cases in which the victim is a member of the dental team are no less serious than those relating to patients.”

Independent panellists who make up practice committees decide whether a dental professional’s fitness to practise is currently impaired. Where there is a finding of impairment, panellists decide on any action needed to protect the public. 

In addition to ensuring the guidance is up to date, for example, by having regard for relevant case law developments and research findings, the GDC has said the proposals support consistency of approach, transparency and proportionality in decision-making by practice committees. 

According to the GDC, the number of serious concerns it has received and initially assessed has more than halved over the last decade. However, the regulator’s research has shown that the fitness to practise processes is difficult, takes too long, causes stress, and negatively impacts the mental health and wellbeing of those involved.  

The council acknowledged the substantial improvement in fitness to practise processes depends on reforming restrictive and inflexible legislation, which needs to be updated compared to modern practices. In the absence of reform, the GDC has said it is making changes where it can to reduce the negative impact, and these proposals represent one of these changes. 

According to the regulator, the proposals will directly affect those who participate in practice committee proceedings in the future, as well as their representatives. 

The consultation opened on September 3, 2024, and closes on November 26, 2024.