2 in 5 dentists who graduated overseas faced fitness to practice hearing without legal support
NewsPosted by: Dental Design 4th October 2022
Nearly two in five dentists (38%) who graduated overseas did not have legal representation when facing a GDC fitness to practise hearing according to figures obtained by Dental Protection covering 2018-21.
The figures, obtained by Dental Protection through an FOI request to the GDC, also showed that those overseas graduates without legal representation were more likely to receive a harsher sanction, compared to overseas graduates with representation. 81% were either suspended or erased from the dentists register, and only 10% received a ‘no impairment’ judgment.
In comparison, 19% of overseas dental graduates with legal representation were either suspended or erased from the dentists register, and 29% received a no impairment judgment.
Dental Protection said it has been working with education and training providers to stress the importance of professional protection that goes beyond claims to all dentists but particularly to those who are new to the country and trying to decipher the guidelines. It is also calling on the GDC to make it a requirement for all dentists to have protection which includes support with fitness to practise proceedings. Currently it is only a requirement to have protection against claims.
Dr Raj Rattan, Dental Director at Dental Protection, said: “These figures serve as a powerful reminder for all dentists of how important it is to obtain professional protection which includes the ability to request assistance with GDC investigations.
“Dental Protection supports dentists from the moment a GDC complaint is received, to its conclusion at a hearing, providing the very best legal defence and a team of professionals committed to achieving the best possible outcome for members. I cannot imagine facing this lengthy and complex process alone, without someone fighting my corner. Sadly though, 38% of dentists who graduated overseas do, along with 31% of dentists who graduated in the UK.
“I will continue to work with key stakeholders across the UK to help them understand the importance and value of comprehensive professional protection to dentists who graduated in the UK and those who join the workforce from other countries.
“The GDC may also be able to do more to help. It is clear in its indemnity guidance that dental professionals must have appropriate indemnity arrangements in place for clinical negligence claims so patients can seek compensation if they are harmed, and this must be declared before they are able to register or renew registration.
“We welcome this but would like the GDC to consider extending this requirement to include wider protection beyond just claims in the next review of its standards.
“GDC investigations impact on a dentists’ mental health and reputation, and for some have career ending implications. A requirement to have protection and support with regulatory proceedings would be helpful to all dental professionals but particularly for those who are new to the UK, are trying to decipher the various requirements and may be focussing solely on obtaining protection against claims.”
GDC Response:
“While the vast majority of dental professionals will never be involved in a fitness to practise investigation we have spoken before about the importance of engaging in the process for those who have had a concern raised about them. The findings of our research on The concept of Seriousness in fitness to practise, published earlier this year, highlighted the potential for more adverse outcomes in cases where professionals either do not engage in the process, do not attend hearings or where they represent themselves.
“The requirement for healthcare professionals’ indemnity is set by Parliament, and the purpose of that requirement is to protect patients in the case of negligence. Dental professionals can, of course, choose a higher level of cover and support. This remains a personal choice, and not an issue which is either appropriate or possible to change via a regulatory requirement. Our indemnity guidance provides further information about the types of cover available so that dental professionals can make informed choices.”
