GDC responds to High Court judgment

28 November 2024

The General Dental Council (GDC) has acknowledged the recent High Court judgment (The GDC v KK and Others) regarding its application for disclosure of documents from family court proceedings.

The case raised significant concerns about public confidence.

The GDC has recognised that it made errors in obtaining material between 2019 and 2020 and then using it at subsequent hearings, including the fitness to practise hearing in early 2023.

The regulator said the material was sought in good faith, which is in line with its statutory purpose of protecting the public. However, it said there were significant deficiencies in how it carried out this process.

In the judgment of the High Court, it was noted that this was because of genuine error and deficiency of understanding in relevant teams handling of the material, in respect of the nature of family court proceedings, rather than bad faith on behalf of either the GDC (who sought the material), or the local authority (who provided it).

The GDC has said that since this error became apparent, it has put controls in place to ensure that it is not repeated, destroying all documents and data that it was not permitted to have. The regulator also launched a programme of training and education for staff. 

Clare Paget, interim executive director of legal and governance at the GDC, said, “We take our responsibilities regarding the gathering and handling of sensitive information very seriously and have provided unreserved apologies to the court and the individual concerned in respect of our failings in this case.

“We will continue to embed the measures that we have put in place to ensure that our approach to seeking disclosure of important material is conducted in line with the relevant legislative regimes to ensure that we can effectively protect the public and maintain confidence in the dental profession.”