An indemnifier has written to the GDC urging it to reconsider its intention to appeal a High Court ruling that said an aspect of professional conduct sanctions is ‘wrong and unfair’.
Mr Justice Ritchie ruled that the regulator’s interpretation, treating an immediate suspension order as separate from a substantive suspension order was, in effect, a punishment for appealing.
The GDC has responded by declaring its own intention to apply for permission to appeal this ruling. It has advised its professional hearings panels to ‘continue to follow current guidance until the appeal is heard’.
‘Potentially unlawful’
In the letter, MDDUS chief executive Chris Kenny warned that the GDC’s actions were potentially unlawful: ‘It is not open to the GDC to choose to set that judgement aside, unless and until the Appeal Court determines that a mistake in law has been made.
‘Until then, panels must be bound by the current judgement.’
The High Court ruling came after MDDUS appealed on behalf of one of its members against a decision by the Professional Conduct Committee (PCC) of the GDC.
The dentist being defended was potentially facing a suspension from practice that would be four-and-a-half months longer than the time initially imposed and longer than the 12-month legal maximum.
The judge undertook a detailed analysis of GDC legislation to decide if their interpretation of the statute meant that the ‘time served’ principle did not apply to an immediate suspension order.
Mr Justice Ritchie’s pivotal court ruling could mean that future registrants can be certain ‘time served’ while awaiting an appeal will be part of any final suspension order.
‘Shocking’
Rachael Bell, interim head of dental at MDDUS, added: ‘The GDC has effectively said its panels should operate like its business as usual. That shows a shocking and unusual lack of respect for a High Court judgement.
‘In our view, until its appeal is heard, the GDC must comply with the standards they set their own registrants and respect the rule of law as it currently stands.
‘Whilst we fully appreciate the need to protect the public, regulation must reflect the current state of the law, and no regulator is above that fundamental tenet.’
Follow Dentistry.co.uk on Instagram to keep up with all the latest dental news and trends.
