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A Dentist, one of our members, was removed from the GDC register after failing a Continuing Professional Development (CPD) audit. According to the member, they were unaware of the audit request or their subsequent removal, having received no prior correspondence from the GDC. It was later discovered that the GDC had mistakenly sent all notices to the member’s previous practice address, which had ceased operating months earlier. The member was informed of their removal by their current practice manager.
Upon discovering their removal, the client immediately contacted the GDC, updated their registered address, and provided the outstanding CPD records. The GDC acknowledged the submission and advised that the restoration process would take approximately 14 days, during which time the client was barred from practise.
During this restoration process, the clinician was asked by the GDC whether they had been working while unregistered. The clinician answered honestly and disclosed that they had. This triggered a requirement to submit a further explanation, as working whilst even temporarily barred had significant implications on their indemnity and compliance with regulatory standards.
At this point, although after having already engaged with the GDC on this matter, the member decided to approach MDS for advice.
MDS’s review revealed that the most significant challenge in this case stemmed from the client’s decision to engage in extensive, unguided correspondence with the GDC prior to seeking assistance. This prolonged, unadvised communication not only limited mitigation opportunities but also escalated the overall matter.
Furthermore, the clinician’s explanation regarding their change of address was inconsistent throughout their correspondence with the GDC. Initially, the clinician claimed they had not received several GDC letters due to a practice closure, but later offered a conflicting account.
MDS’s initial step was to construct a factual timeline by collating all the dentist’s correspondence and changes of address. This timeline clearly outlined the work undertaken during the period when the dentist was unregistered and detailed the subsequent stages of their communication with the GDC.
The GDC rejected their application for restoration citing a lack of CPD evidence however, under MDS instruction, the Dentist took the time to undergo a significant amount of CPD After proving their CPD work, the clinician was ultimately restored to the GDC register, and the GDC confirmed that their application was under review.
However, the Dentist might still in the future be subject to Fitness to Practice proceedings as a result of their working while unregistered and the inconsistencies in their initial correspondence with the GDC.
This case study underscores key considerations for both healthcare practitioners and us, in our capacity as indemnifiers. For practitioners, it highlights the essential need to keep your relevant regulatory body updated on any changes to your professional details, such as your working arrangements and address.
The member’s initial, honest disclosures, while transparent, were problematic because they lacked crucial context. This omission could have exposed them to greater scrutiny, especially concerning indemnity cover and GDC standards for unregistered practice. Therefore, it is essential to always seek guidance from your Medical Defence Organisation before communicating with the GDC or any other regulatory body. Doing so allows the organisation to mitigate the situation and potentially prevent escalation to formal regulatory proceedings.
Furthermore, this case underscores the vital role of de-escalation. It highlights the principle that even a situation that initially seems out of control can still be managed to achieve the most favourable outcome for all parties involved.
Find yourself in a similar situation? Contact MDS as soon as possible to discuss your situation, our team will support you in making the best decision for you and your patients. Call our office on 0300 30 32 442 or email or case managers at [email protected] mentioning your membership number.
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