The judgement, announced in May 2023, confirmed that the relevant NHS regulations permitted “top-up” private fees in addition to band three NHS charges—in this case for a more aesthetic ceramic crown.
The Court of Appeal upheld an earlier High Court decision that the proper interpretation of the Contract Regulations allowed for top-up fees in certain circumstances.
The GDC appealed that judgment to establish clarity about how the Contract Regulations should be interpreted for dental professionals, dental practices, NHS bodies in England, and for the purposes of its regulatory activities.
The regulator has carried out a review of 124 cases involving ‘top-up fees’ since the Contract Regulations came into force. Having reviewed all the circumstances of the relevant cases and engaged the services of independent legal counsel, no further action was required, as it was established that the outcomes in these cases did not depend on the interpretation of the Contract Regulations which was at issue in the Williams case.
It is for the Department of Health and Social Care and NHS bodies in England, who have responsibility for the Contract Regulations and associated guidance, to consider necessary actions and communicate any implications for NHS dental charges to patients and dental professionals.