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Concern over dental regulator’s covert investigations

Post date: 04/11/2019 | Time to read article: 2 mins

The information within this article was correct at the time of publishing. Last updated 04/11/2019

The leading protection organisation for dentists has said it is “disappointed and concerned” that the General Dental Council (GDC) is engaging in undercover investigations which are attempting to trick dentists into wrong-doing.

Dental Protection’s concern stems from a 2016 case where it defended a dental technician who was the subject of an anonymous complaint to the GDC that he may be working without registration, due to his laboratory being in a bespoke setting in his home. Two months later the GDC instructed an under-guise operation where two private investigators attended an appointment posing as relatives of an elderly lady “Evelyn” who needed new partial dentures but was very ill and could not attend in person.

The fictitious scenario unfairly attempted to lure the dental technician into doing something against his better judgement on compassionate grounds - but the investigation was also far removed from the original complaint which was about registration.

An Interim Orders Committee concluded that any evidence from the investigation was flawed and unfair, and the GDC Practice Committee halted any further action on grounds that the investigation demonstrated abuse of process. Dental Protection, alongside legal firm BLM, also sought an order against the GDC to recover legal costs, which the GDC conceded in August.

The number of covert investigations undertaken by the GDC has not been established, but a Freedom of Information (FOI) request revealed that it spent a minimum of £15,416 in 2017 alone. 

Raj Rattan, Dental Director at Dental Protection, said:

“The fact that the GDC is prepared to target its own registrants without a sufficiently justified cause is, in itself, unsettling for dentists. But what I find most concerning and disappointing is the covert nature of the investigation.

“The use of an entirely contrived scenario about a sick pensioner in very difficult circumstances was designed to trigger an emotional response and lure a registrant into acting outside of their scope. This is hardly an ordinary opportunity for wrongdoing, and it is unfair and invasive.

“While the GDC has declined to share information on its use of covert investigations, we do know from an FOI request that it spent a sizeable amount of its registrants’ fees – over £15K - on undercover investigations in 2017. Furthermore, throughout the case discussed the GDC asserted that under-guise investigations are essential to carry out its statutory function.

“At Dental Protection, we do not agree with that, and will continue to fight our members’ corner on this issue.”

 

ENDS

For press enquiries, please contact the MPS press office.

Notes to editors

Information provided to MPS by GDC under a Freedom of Information request is based on hearings that concluded in 2017.

About Dental Protection

Dental Protection is a registered trademark and a trading name of The Medical Protection Society Limited (“MPS”). MPS is the world’s leading protection organisation for doctors, dentists and healthcare professionals. We protect and support the professional interests of more than 300,000 members around the world. Membership provides access to expert advice and support together with the right to request indemnity for complaints or claims arising from professional practice.   

Our in-house experts assist with the wide range of legal and ethical problems that arise from professional practice. This can include clinical negligence claims, complaints, medical and dental council inquiries, legal and ethical dilemmas, disciplinary procedures, inquests and fatal accident inquiries.

Our philosophy is to support safe practice in medicine and dentistry by helping to avert problems in the first place. We do this by promoting risk management through our workshops, E-learning, clinical risk assessments, publications, conferences, lectures and presentations.

MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association.

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