Dental Protection judicial review successfully overturns GDC warning over minor driving offence

05 October 2018

Dental Protection has successfully challenged the General Dental Council’s (GDC’s) decision in which the regulator tried to re-impose a warning on a dentist for a minor road traffic conviction.

Any dentist who receives a published warning from the GDC will have the warning details published on the GDC’s website. The dentist will also be required to disclose that warning and/or sanction in future job applications.

In August 2017 Dental Protection successfully challenged the GDC investigating committee for misapplying their own guidance when they decided to impose a warning and published the warning for three months. In the first judicial review, Dental Protection argued that there was no reason why a minor motoring conviction should trigger the need to issue a published warning in circumstances in which the GDC itself conceded that the practitioner’s fitness-to-practise was not impaired. The case did not result in a full hearing at that time as the GDC conceded the case.

However, the regulator later proceeded to pursue the case again with another investigating committee which imposed a warning for the second time, albeit unpublished at that time.

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