Workforce plan must go hand in hand with reforms to regulation and clinical negligence law, says DDU

Responding to today’s publication of the NHS Long Term Workforce plan, Dr Matthew Lee, chief executive of the MDU, the DDU’s parent company, said:

“The NHS Long Term Workforce Plan is a welcome step forward – but it is precisely that, a first step on a journey to improve the working conditions of healthcare professionals in the NHS.

“Our members working in the NHS are doing their utmost to deliver exceptional patient care in the most difficult and pressured of circumstances. For too many, this is sadly impacting on their own health and their ability to care safely for patients.

“There is much to welcome in this plan, but workforce retention in the NHS is not helped if the regulatory system that healthcare professionals are subjected to is as outdated as the ones currently operated by the GDC and other regulators. Long awaited reform of these regulators must now urgently follow today’s announcement.

“You also cannot harness every penny possible in the NHS towards front line patient care if billions of pounds every year are leaving the system in clinical negligence settlements, because of a legal system that is no longer fit for purpose – with certain laws governing compensation being older than the NHS itself. The government has long promised action to address the unsustainable cost of clinical negligence and it’s now time for concrete proposals to see the light of day.

“The government has pledged an additional £2.4 billion to fund additional education and training places. But it is a sobering thought that this amount would be eclipsed in one year alone by the annual cost of harm reported by NHS Resolution. In 2021/22 this figure stood at over £13 billion. These amounts cannot be ignored in discussions about funding for more healthcare professionals. We need the government to tackle this issue.

“The DDU continues to make a strong case for these reforms with regulators and the government.”

DDU reminds dental professionals to check and declare CPD as deadline approaches

The Dental Defence Union (DDU) is reminding dental professionals to ensure their continuing professional development (CPD) is up to date ahead of renewing their registration with the General Dental Council (GDC).

The reminder comes as the GDC has announced a simplified process for dental professionals to declare CPD when restoring their registration. It means those who have been off the register for less than 12 months and have always complied with CPD, will be able to sign a declaration that it is up to date, rather than send a copy of their full CPD record.

The new process is in place in time for the deadline for dental care professionals to renew and pay their annual retention fee (ARF) on 31 July.

John Makin, head of the DDU said: “The GDC acknowledges this change is a small step. However more needs to be done to make registration and restoration quicker and easier.

“In the past, a number of DDU members have waited weeks and in some cases months to be restored because of administrative difficulties, so this is a positive development. Nobody wants to see dental professionals drop off the register because of administrative lapses, so we are reminding all registrants to check they have everything needed to renew in good time.

The GDC has urged all dental care professionals to log onto eGDC to check how much CPD they need to complete before they renew their registration and to contact them if they aren’t sure.

The DDU’s checklist to minimise the risks of registration lapses includes:

  • Ensure you declare appropriate CPD requirements (remembering that you cannot declare zero hours for two years running including across two separate cycles) and that the declaration goes through correctly.
  • Set up a reminder at the time your ARF is due annually or quarterly if you pay by instalments. Check everything is in order for a successful renewal and that payment has been made successfully.
  • Ensure your contact and bank details with the GDC are up to date.
  • Try to ensure emails don’t go into spam by adding the relevant address to your contact list and marking past emails as legitimate. Keep an eye on your spam folder around renewal time, just in case.
  • If your GDC registration lapses, inform your dental defence organisation as soon as possible.
  • You will not be able to treat patients until your registration is restored.

Advice on paying the ARF and declaring CPD requirements is on the DDU website.

DDU appoints regulatory law specialist to head legal team

The Dental Defence Union (DDU) has appointed a solicitor specialising in regulatory and criminal legal proceedings as its new head of legal services. Nick Tennant has been promoted to the role after 15 years working as a solicitor in the defence organisation’s in-house legal team. He oversees the work of an expert team of 24 solicitors, three paralegals and support staff.

The DDU’s in-house legal department supports dentists and other healthcare professionals facing negligence claims, GDC investigations, criminal investigations and inquests. The team has gone from strength to strength since it was first established thirty years ago.

Nick takes over from Joanne Bateman, who has recently retired after more than seven years in the job. Nick commented:

“It is a great honour to be taking over from Jo who has overseen a very successful period for our team.

“We work closely with the DDU’s dentolegal advisers to secure the best outcomes for our members and understand that, at this time of heightened pressure in healthcare, our members are under incredible strain when they come to us for support.

“The results we achieve in supporting members with GDC investigations are a great example of the uncompromising defence we provide. In 2022, our in-house team resolved almost 80% of cases without referral to a Practice Committee, where we represented members at the case examiner stage. Of those that proceeded to a Practice Committee, there was no finding of impairment against our members in 50% of cases. This represents a much better outcome for our members when compared to the most recent figures for cases overall from the GDC.

“I am really looking forward to building on the strengths of such a high performing team which continues to help members navigate the difficult dentolegal environment.”

John Makin, head of the DDU said:

“We know from our own research that more than eight in ten dental professionals say workplace pressures have increased over the last year. The latest NHS staff survey results also show high levels of burnout with staff feeling stressed and demoralised. If you then throw a dentolegal investigation into the mix, it can be truly devastating for dental professionals. That’s why the work of our in-house legal team is so crucial at supporting members and ensuring they get a fair hearing.

“I am confident that Nick and the team will continue to successfully guide, support and defend members with the myriad of dentolegal investigations encountered during their careers.”

DDU successfully supports member facing ‘blue on blue’ complaint

A dental professional who faced a very stressful complaint, made to NHS England by a colleague has shared how the Dental Defence Union (DDU) supported her during the subsequent investigation.

In the latest edition of the DDU journal, the member describes the impact the experience, which lasted for a number of years, had on both her physical and mental health and the practical support and advice provided by the DDU alongside the British Dental Association.

The member explained:  

“The adviser’s help was invaluable. It was key to have another pair of eyes [throughout the process] because I think my anger and frustration were probably coming through. This was the first time I had needed the DDU for anything more than dento-legal advice since I joined in my final year at dental school and I had really fantastic support.

“In many ways I was lucky. If this had to happen, at least I was at a point in my career when I had gained enough knowledge and experience to get out of a hole and I could call on the DDU. But imagine you don’t have access to that expertise? Where would you be?”

Unfortunately, the number of cases raised by fellow registrants, so-called ‘blue-on-blue’ complaints, made up 9 per cent of all concerns received by the GDC in 2021. To try to avoid the risk of personal, financial or business matters spilling over, the DDU’s advice is to have robust and equitable arrangements, such as associate and partnership agreements, in place from the outset. Where disagreements do arise it is important for the parties to keep communication channels open with a view to matters being resolved proportionately and professionally.

Leo Briggs, deputy head of the DDU said: “Despite the positive outcome for our member, it cannot be overlooked that the complaint and subsequent investigation took more than two years to reach a conclusion and this was undoubtedly stressful for the member.

“At the DDU, we guide, support and defend members and as part of that we act in their best interests and safeguard their professional reputations. We put our members at the heart of decisions about how their case is managed.” 

Read the full DDU journal here.

DDU disappointed that GDC at back of the queue for regulatory reform

The Dental Defence Union (DDU) has expressed disappointment and dismay at a government announcement confirming that the General Dental Council (GDC) is not one of the healthcare regulators to be prioritised for reform.

A timetable has just been published by the Department of Health and Social Care on reforming healthcare professional regulators. The update confirms that along with the General Medical Council (GMC), the regulators to first benefit from reform will be the Nursing and Midwifery Council (NMC) and Health and Care Professions Council (HCPC). The Department says this is based on ‘criteria including the size of registrant base, the need for reform, and regulators’ readiness to implement the changes.’ It says it will then make changes for the remaining regulators, including the GDC, although no timetable is provided for this.

John Makin, head of the DDU, said:

“It is disappointing that the Department of Health and Social Care has put the GDC well down the list of regulators that will be given the powers it needs to reform regulation.

“We’ve repeatedly pointed out that dental professionals across the UK deserve to know that if they face the stress of a fitness to practise investigation, their regulator will be working to a modern, proportionate, and timely process. Currently, the GDC is operating under outdated legislation that disadvantages the profession, patients and the GDC itself.

“Last year, the MDU, the DDU’s parent company, coordinated a letter with other healthcare leaders to the Secretary of State for Health, calling on the government not to delay fundamental reforms needed to modernise the regulators.

“We urge the Department of Health and Social Care to publish the legislation needed to modernise dental professional regulation. A fitness to practise process is one of the most stressful experiences a dental professional can have in their career, and current legislation is crying out for change.”

DDU survey reveals Dental professionals turn to coping mechanisms to deal with intense workplace pressures

More than eight in 10 (86%) dental professionals say that workplace pressures have increased in the past two to three years, a new Dental Defence Union (DDU) survey has revealed. Dental professionals are turning to coping mechanisms like mindfulness, breathing exercises and breaks in the fresh air to cope.

The DDU survey of 495 dental professionals also found nearly four in 10 (39%) said they were likely to retire or leave practice in the next five years. Half (52%) said they had reduced their hours to cope with workplace pressures.

John Makin, head of the DDU, said: “Our members are a resilient bunch. They’re used to dealing with the extreme demands of their roles. However, you can only stretch a piece of elastic so far. Pressures are intensifying, caused by a number of issues outside of dental professionals’ control. These include an increase in treatment needs caused by the pandemic, rising patient expectations and treatment and referral delays.  

“We are calling on the government to put the necessary resources and support in place to reduce delays and meet treatment demand. This will help to reduce the stress being experienced by dental professionals. It will also help them to treat patients safely and to a good standard.”

Other findings from the research were:

  • Three in 10 respondents (31%) said they used mindfulness and breathing exercises as a coping strategy, while six in 10 (65%) said they took a break by exercising in the fresh air.
  • Six in 10 dental professionals (60%) said relationships with patients and colleagues had become more strained over the past two or three years.
  • Nine in 10 (91%) said they felt worn out at the end of a working day and eight in 10 (84%) said they felt burned out.
  • A fifth (20%) had experienced a patient complaint or safety incident and a similar proportion had been abused or threatened (19%).
  • Despite this, nearly all respondents (93%) said patients and colleagues treated them with respect.

What dental professionals said:

  1. “Workplace pressures should never be a factor in whether we can treat patients safely, yet these pressures are increasingly placing barriers in the day-to-day work of dentists around the country” – dental professional
  2. “As we couldn’t see patients for routine appointments [during the pandemic] they’ve gone from having stable teeth pre pandemic to having multiple problems needing treatment or extraction. Understandably some patients are shocked and upset about this and blame us for it. It means that patients who previously were stable now need lots of treatments further adding to the backlog.” – dental professional
  3. “I use mindfulness in everyday situations to help me be fully aware of where I am and what I’m doing without becoming overwhelmed or overreacting to stressful situations. I use breathing techniques and mindfulness apps. The techniques help me to avoid worrying about things that may or may not happen.” –  Catherine Hemingway, dentist
  4. “I try to ensure I give myself breaks during the day and avoid the temptation to book patients during lunch breaks or after work. I aim to take a break every couple of hours, take some deep breaths and have a stroll. As clinicians, we can find it difficult to turn off, but I try to do something totally different when I’m not working.” – Andrew Chandrapal, a dental practice principal and DDU council member.
  5. “One of Covid’s legacies is my willingness to diversify my working practices to cope with pressures. I now work part time as a DDU dento-legal adviser alongside my clinical and training roles. I think it’s important to allow yourself time to decompress after a stressful working day. I get plenty of fresh air and exercise through coaching an under 16s rugby team in my spare time.” – James Kingham a general dental practitioner and training programme director for Health Education England.
  6. “I like to get out of at lunch time for a 20min walk. That change in air and space combined with a brisk walk (and sometimes a podcast) powers me up for the afternoon. In summer, I enjoy an evening walk to relieve the day’s stresses. Having an informal chat to colleagues helps. My colleagues are a friendly, sociable group with lots of positive ideas and sensible suggestions. Getting a good night’s sleep fires me up for another day.” – Tom Norfolk, a general dental practitioner and DDU vice chairman.

Wellbeing resources are available for DDU members signposting them of where they can get help.

The DDU surveyed a sample of dental professionals (495) in December 2022 and received a 6% response rate. Respondents included: GDPs (55%), dental hygienist/therapists (21%), newly qualified dentists (6%), community dentists (6%), hospital dentists (6%) and dental nurses (5%).

DDU launches new dento-legal CPD case studies

The Dental Defence Union (DDU) has today launched a new series of dento-legal case studies in which members can receive guidance and advice, as well as the chance to get 45 minutes free verifiable continuing professional development (CPD) by passing the related assessment.

The DDU has launched these modules to support dental members ahead of them submitting the GDC’s CPD requirements before the December deadline.

The case studies are based on the sorts of issues and dilemmas faced by members on a daily basis and give members the opportunity to learn from others’ experiences – as well as demonstrating how the DDU can help when members need it the most.  

Topics covered in the case studies include:

  • Confrontational and aggressive patients
  • Assessing a patient’s capacity to give consent
  • Direct access
  • What to do following a potential data breach

These CPD case studies are just one of the ways that the DDU supports its members. Other services include access to a free employment law advice line for practice principals, contract checking service for associates, principals and self-employed hygienists/therapists and an exclusive rate on accountancy, tax and business advisory services. 

John Makin, head of the DDU, said:

“I’m delighted that we are now offering these new CPD case studies to our members. Completion of the modules contributes verifiable CPD within the recommended categories to help meet the GDCs requirements, but more importantly gives an insight into some of the tricky situations that can arise in practice and how to manage the risks they can pose.”

Click here to find out more about the dento-legal CPD case studies.

DDU encourages dental professionals to get support early as complaints increase

The Dental Defence Union (DDU) is encouraging dental professionals to get support from their dental defence organisation as soon as they become aware of a potential complaint, as NHS figures show an increase in cases.

The latest figures on written complaints in the NHS in 2021/22 have shown a small increase in NHS complaints involving primary care dental services, rising from 14,052 to in 2018/19 to 14,285 in 2021/22. In 2020/21 just 8,751 complaints were recorded, as dental services were paused during the pandemic and no data was collected in 2019/20.

Overall more than 225,000 written NHS complaints were recorded with more than 120,000 being in primary care (GP and dental) and 105,500 in hospital and community health settings. This compares to around 209,000 complaints being made in 2018/19.

Leo Briggs, deputy head of the DDU, said:

“It is concerning that there has been a slight rise in NHS dental complaints since before the pandemic. However, given the disruption we have seen to dental services and the impact this has had on patient care and treatment, it is a testament to the dedication of colleagues that the figure has not risen more sharply. 

“At the DDU, our role is to lessen the burden on members and we encourage them to get our help early on if they are aware of a potential complaint. We can support them in how best to manage a complaint to ensure patients receive a professional and timely response.”

According to the NHS digital data, the most common causes of complaints involving dental practices were:

  • Clinical Treatment (22.0%)
  • Charging/Costs (21.5%)
  • Appointment Availability/Length (11.8%).

The DDU has detailed advice on dealing with complaints on its website: www.theddu.com

 

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Dentists advised by the DDU to proceed with caution if communicating with patients via private messaging apps

The Dental Defence Union (DDU) has today issued guidance on the potential risks and pitfalls of communicating with patients via direct messaging apps. 

In the latest edition of the DDU journal, the DDU argues that while pandemic also increased our reliance on remote communication platforms, it is important to exercise caution and be aware of the potential risks and pitfalls if you’re planning to use direct messaging with patients.

In particular, the appropriateness of direct messaging with patients must be carefully considered, with full regard to professional standards, regulations, and laws. Professional boundaries, record keeping, confidentiality, data protection and jurisdictional issues are all issues that must be considered before direct patient messaging begins.

Jo- Anne Taylor, dento-legal adviser at the DDU said:

“The increased use of technology into professional practice undoubtedly offers new opportunities to deliver innovative services to patients. However, there are risks associated with this and it is also important to remember that disclosing direct messages may be necessary if a complaint, claim, or regulatory matter arises.

“Alternatively, workplace communication platforms may offer a secure and GDPR compliant, where records of patient communications can be more seamlessly integrated into the appropriate systems and the risk of professional boundaries becoming blurred is reduced.”

Read the full DDU journal at: https://ddujournal.theddu.com/

DDU appoints new chairman and vice-chairman to support member interests

The Dental Defence Union (DDU) today announced the appointment of Dr Simon Watkin and Mr Tom Norfolk as Chairman and Vice-Chairman respectively to the DDU’s board of management. Dr Watkin will take over from Dr Paul Riordan-Eva who is retiring after a long career supporting DDU members.

Previously, Dr Watkin was a full-time consultant physician and director of quality at the University of Liverpool’s School of Medicine. He has also chaired the MDU’s cases committee which reviews high value claims as well as participating in the MDU’s working committees, including the audit, investment, risk advisory and nominations committees.

Based in Cambridgeshire, Mr Norfolk is a clinically active general dental practitioner as well as an educational supervisor for foundation training and a clinical educator for student hygienists. He is also the first dental practitioner to be appointed to the position of vice-chairman of the DDU’s board.

Dr Watkin commented: “It’s a great privilege to be appointed to this role and working with the amazing team at the DDU. I look forward to taking over from Paul and championing the dento-legal interests of our members. The pandemic has meant that our members face greater pressures than ever before, and I know that many challenges lie ahead such as supporting them with increasing numbers of complaints and claims.

“I am delighted to have the opportunity to take on this exciting and worthwhile role and look forward to seeing the DDU go from strength to strength.”

Mr Norfolk said: “At a time of so much change and upheaval for healthcare professionals, it is vital they can rely on the DDU for support when they need it. This has never been more important because doctors and dentists have needed to adapt their practice to the rapidly changing guidance and circumstances of the pandemic.

“As such, I am really looking forward to working with such a dedicated and experienced team.”

Dr Matthew Lee, chief executive at the MDU: “I’m delighted Simon and Tom have become chairman and vice-chairman of the DDU’s board of management. They have a great depth and breadth of experience and a deep understanding of the DDU’s work and our commitment to members.”