Judicial review

A recent change in legislation permits dental practitioners who have been issued with a warning by the GDC’s Investigating Committee the right to request a review of the warning if they believe it is flawed, provided it is made within two years. This means the dental practitioner is not forced to resort to a potentially lengthy and expensive judicial review in order to challenge the decision.

According to GDC guidance however, the change was not retrospective and did not apply to dental practitioners who were issued a warning between April 14, 2014 and when the new legislation came in to effect.

Dental Protection has argued successfully to a High Court that the change in legislation should have retrospective effect. This enables a practitioner who has received a warning in the past two years to request a review of the decision, provided the application is made within two years of the date of the warning.