GDC seeks clarity on interpretation of NHS regulations

19 December, 2022

We have been granted permission to appeal the judgment of a recent High Court case, which quashed previous Professional Conduct Committee findings of a registrant’s dishonesty in relation to charging private ‘top-up’ fees for NHS dental care in England.

We understand the impact these proceedings may have on the professional involved and it’s important to be clear that we are not seeking to appeal the sanction imposed.

We are concerned about the way in which the NHS (General Dental Services Contracts) Regulations 2005 were interpreted, which was central to the consideration of dishonesty. We believe clarification is needed, and the only way to achieve this is through the Courts with a judgment setting out the Court of Appeal’s interpretation and its reasons.

This appeal will clarify how the regulations should be interpreted for dental professionals, dental practices, NHS bodies in England, and for the purposes of our own regulatory activities.

The date of the hearing has not yet been set, but we will provide a further update once we know the outcome of the appeal.