The judgement confirmed that there is no basis for aggregating a substantive suspension direction and an immediate suspension order, and treating the aggregated period as if it had been passed as a single substantive suspension, describing them as “clearly different”.
The General Dental Council (GDC) has said this judgement is in line with the longstanding existing interpretation of the legislation by the regulator, in common with other healthcare regulators with similar legislative provisions.
Following the High Court’s judgement, the GDC said it was important to seek clarity on this point so that the regulatory framework, guidance and practice are unequivocally clear. The regulator said the only way to achieve clarification was to appeal this case to the Court of Appeal.
The GDC has informed the Dental Professionals Hearings Service. It has said the substantive sanction, immediate order, and/or any directions are matters for the independent Practice Committees to determine in each case as they consider appropriate.