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South West Dental Network Event 19 June 2008

South West Dental Network Event 19 June 2008. The Council’s fitness to practise function. South West Dental Network Event, 19 June 2008. The GDC role:

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South West Dental Network Event 19 June 2008

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  1. South West Dental Network Event19 June 2008 The Council’s fitness to practise function

  2. South West Dental Network Event, 19 June 2008 The GDC role: The Council shall have a general concern to promote high standards of professional conduct, performance and practice among persons registered under this Act. [The Dentists Act, Part 1, section 1(2)(b)]

  3. South West Dental Network Event, 19 June 2008 The primary purpose of professional regulation is to ensure patient safety. Sir Liam Donaldson, Chief Medical Officer for England Trust, Assurance and Safety – The Regulation of Health Professionals in the 21st Century [February 2007]

  4. South West Dental Network Event, 19 June 2008 The General Dental Council was set up by Parliament and is independent of Government and the National Health Service. 94% of GDC income comes from registrants’ fees. (Source: 2006 Annual Report & Accounts)

  5. South West Dental Network Event, 19 June 2008 The GDC aims to protect patients by: • Registering qualified dental professionals • Setting high standards of dental practice and behaviour • Quality-assuring education • Making sure dental professionals keep up to date • Take action when their ability, behaviour or health makes them unfit to practise

  6. South West Dental Network Event, 19 June 2008 The Fitness to Practise Team FTP is the operational department which executes the GDC’s statutory function for investigating concerns about dental practitioners’ ability, behaviour or health.

  7. South West Dental Network Event, 19 June 2008 Who can report concerns to us? Anyone (2007 figures): Patients 409 54.89% Other 82 11.01% Dentists 78 10.47% NHS bodies 54 7.25% Member of public 33 4.43% Police 33 4.43% Parent 27 3.62% GDC 20 2.69% Other public body 8 1.07%

  8. South West Dental Network Event, 19 June 2008 Examples of things which are reported to us: - Sexual assault or abuse - Being under the influence of drink or drugs - Fraud - Seriously poor treatment - Failure to obtain patients’ consent - Not having professional indemnity cover - Cross-infection issues

  9. South West Dental Network Event, 19 June 2008 Reports by main subject • Clinical standards/treatment 56% • Behaviour/conduct 29% • Service provided 5% • Fraud 3% • Fees charged 1% • Health problem 0.57% • Sexual assault/abuse 0.57% • Other 5%

  10. South West Dental Network Event, 19 June 2008 How to make a report to the GDC about someone’s fitness to practise We need as much relevant information as possible, in writing: • Your full contact details • Full name and address of the dental professional • Their registration number • A description of what happened, when and where • Your view on what the dental professional has done wrong or is unfit to practise • Your consent to send a copy of what you send us to the dental professional • Relevant material, such as disciplinary hearings, performance assessments and associated correspondence

  11. South West Dental Network Event, 19 June 2008 What happens next? There are three stages: • Caseworker • Investigating Committee • Practice Committee (Health, Conduct or Performance) At each stage a decision is made on the basis of the information available at that time as to how to dispose of the case.

  12. South West Dental Network Event, 19 June 2008 Stage 1: Caseworker An allegation has been made to the Council that a registered dental practitioner’s fitness to practise is impaired by reason of: • Misconduct • Deficient professional performance • Adverse physical or mental health • A conviction or caution in the UK • A conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence • A determination by a regulator that a person’s fitness to practise is impaired It doesn’t matter whether the matter alleged happened outside the UK or before the person was registered with the GDC.

  13. South West Dental Network Event, 19 June 2008 Outcomes from the caseworker stage: - Defer for more information - Close case - Refer to the Investigating Committe

  14. South West Dental Network Event, 19 June 2008 Stage 2: The Investigating Committee - Five members (lay & dental) - Consider written material from both sides - Meets in private (no appearances from informant or registrant)

  15. South West Dental Network Event, 19 June 2008 Outcomes from the Investigating Committee stage: - Adjourn for further enquiries - Close case - Close case but send advice or warning letter - Refer to a Practice Committee

  16. PCT Open Day – 30 October 2007Assessment of complaint/information Elapsed working days (target) • 0 2 3 8 • 63 48 27 22 • 123 Info arrives Read by Ops Man. Allocated to caseworker Assessment meeting Informant’s comments Registrant’s Obs for IC Registrant notified Consent received Investigating Committee

  17. South West Dental Network Event, 19 June 2008 Stage 3: The Practice Committees - Conduct: 126 cases - Health: 17 cases - Performance: 0 Panel members are independently appointed and trained for the task. All hearings held in public, except where there is a successful application for part to be heard in private.

  18. South West Dental Network Event, 19 June 2008 Outcomes from Professional Conduct Committee (PCC): - Impairment not found, case closed - Reprimand - Registration subject to conditions up to three years - Registration suspended up to 12 months - Name erased from the register

  19. South West Dental Network Event, 19 June 2008 The PCC can also: - Refer a case to Health or Performance - Send a case back to the Investigating Committee - If erased, also impose immediate suspension

  20. South West Dental Network Event, 19 June 2008 Appeals - The registrant has 28 days to lodge an appeal against suspension or erasure - The CHRE (Council for Regulatory Excellence) has a further 28 days to appeal against an ‘unduly lenient’ decision

  21. South West Dental Network Event, 19 June 2008 The main stages Registrar Investigating Committee Practice Committees CHRE referral to the High Court Interim Orders Committee

  22. South West Dental Network Event, 19 June 2008 Links with other GDC teams FTP Registration FTP Legal Services Hearings DCS CES

  23. South West Dental Network Event, 19 June 2008 Links with other agencies FTP NHS bodies Departments of Health Police & courts Defence solicitors Other regulators

  24. South West Dental Network Event, 19 June 2008 Thank you for listening Any Questions?

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