Top-up fees: where do we stand three years on from GDC versus Williams?

Top-up fees: where do we stand three years on from GDC versus Williams?

Three years after GDC versus Williams, uncertainty remains over the lawfulness of additional private charges alongside NHS treatment. Ronuk Vasant examines the implications of the Court of Appeal judgment and argues that clearer guidance is urgently needed for dentists and patients.

Readers may recall the case of the General Dental Council (GDC) versus Williams. The GDC Professional Conduct Committee had initially found that the registrant’s fitness to practice was impaired. Part of the case concerned the lawfulness of additional private charges associated with NHS dental treatment.

The Court of Appeal upheld Mr Justice Ritchie’s conclusion that the regulations permitted the arrangements in question, overturning assumptions that had long informed professional and regulatory guidance. In August 2022, we sent a letter to the BDJ asking whether the NHS Business Services Authority guidance and the NHS dental contract regulations would be amended to provide much-needed clarity for the profession and the public.

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