The choice of in-person hearings is key to fairness, says indemnity experts

14 February 2024

Dental Protection has urged the General Dental Council (GDC) to safeguard the option for dental professionals to choose in-person hearings in the interests of fairness and justice.

In January 2024, the GDC invited professionals to comment on its proposal to make all practice committee and registration appeal committee hearings remote by default. Its statistics showed that 90 per cent of hearings are remote already.

In its consultation response, Dental Protection reiterates that dental professionals should not have to fight for the right to appear in person before the regulator that is bringing an action against them.

Raj Rattan, dental director at Dental Protection, said, “The consequences of a GDC investigation for the dental professional can be profound, so it is only right that if they wish to appear in person, then they should be afforded this opportunity without the need for an application.

“Our view is that the default position should be that substantive hearings are in person save where it is agreed by the parties that they be remote or hybrid. While both parties may be content with fully remote hearings for the most part, this should not be interpreted by the GDC as an indicator for dental professionals to lose their right to have an in-person or hybrid hearing if they wish this.

“Not every dental professional is suited to facing a virtual hearing – those who are neurodivergent or struggle with mental health would benefit from an in-person hearing surrounded by a supportive network. We also know that a dental professional’s credibility can be assessed from their demeanour to an extent, which is better observed in person.

“If the default position of substantive hearings being virtual is coupled with a drive to reduce costs, it is likely that the GDC could be under pressure to push for remote hearings as much as possible, to the disadvantage of dental professionals. We believe they have the right to appear in person before those judging them irrespective of their circumstances or the nature of the allegations.”

A spokesperson for the GDC said, “We welcome any thoughts on possible benefits or drawbacks of the proposed approach, which is that all practice committee and registration appeal committee hearings will be held remotely by default. Guidance introduced in February 2022 already allows all parties to request that the hearing is held in person, and this can either be agreed between parties or, if not, considered and decided fairly by an independent committee or chair. We do provide support to participants in remote hearings, including using the required technology, and will continue to do so if the proposals are adopted.”

The GDC consultation into the format of hearings closes on 15 February 2024.