Voluntary Removal and GDC Restoration – Guidance for Dentists

Voluntary Erasure

Dentists can ask to be removed from the GDC register at any time  – known as voluntary erasure.  Whilst voluntary erasure is normally a simple administrative process, this is not the case where dentists are the subject of a fitness to practise investigation because it is not always a permanent solution (because dentists can apply for restoration) and may not always align with the public interest.

The GDC guidance states that:

“Applications for voluntary removal are likely to be granted where allegations are at the lower level of seriousness, and the dental professional involved confirms that they want to leave the register permanently. However, in instances of serious public protection concerns, investigations are generally concluded before voluntary removal is granted, unless exceptional circumstances apply.”

Where a dentist is under fitness to practise investigation, voluntary erasure is usually not considered to be in the public interest because it is not a legitimate way for a registrant to avoid a fitness to practise investigation.

Relevant Factors

When a voluntary erasure application is submitted while a dentist is subject to ongoing fitness to practise proceedings, the guidance outlines a range of factors that the GDC will consider in reaching a decision:

• Public protection
• Public confidence in the profession
• The promotion and maintenance of proper professional standards
• The likelihood of the intention to apply for restoration to the Register in future
• The registrant’s position in relation to allegations, and circumstances more broadly
• The registrant’s health
• Any exceptional circumstances
• What stage the fitness to practise proceedings have reached when the application is made

Notwithstanding the above, dentists should note that certain allegations are deemed sufficiently serious that, if substantiated “public confidence in the profession would be seriously undermined if the allegations were not fully investigated and, where appropriate, subjected to public scrutiny at hearing”.

The types of allegations include, but are not limited to:

• where there is an ongoing police investigation or conviction for a serious criminal offence or offences
• sexual assault and/or misconduct
• harassment on the grounds of any protected characteristic
• discriminatory behaviour on the grounds of any protected characteristic
• violence
• dishonesty
• lack of integrity
• gross negligence recklessness risking serious harm to patients.

Exceptional circumstances

The GDC makes clear in its guidance that “the dental professional’s interests are unlikely to outweigh the public interest, unless there are exceptional circumstances”.

The guidance gives the following explanation of what the GDC might consider constituting “exceptional circumstances”:

Such circumstances include where medical evidence has been provided which demonstrates that the individual is, and will likely be, unfit to participate in fitness to practise proceedings. That evidence should be from a medical practitioner with familiarity with the registrant’s medical condition, must clearly demonstrate the individual’s condition, and explain how and why that condition prevents – and will likely continue to prevent – their participation in proceedings. Such circumstance may include, but is not limited to, where the registrant does not have capacity to understand the allegations or to seek and/or act on legal advice, or where the registrant is suffering from a terminal or serious illness and there is no prospect they will recover sufficiently to practise again. Exceptional circumstances may also include where there is evidence that the process carries with it a risk of suicide or serious self-harm on the part of the dental professional concerned.

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Is legal representation the answer?

It is widely accepted and proven that legal representation makes a real difference to the outcome of investigations and results in lesser sanctions for doctors.

What is also unquestionably clear is that GMC investigations and MPTS hearings are complex, daunting, prolonged and legalistic leaving doctors stressed and anxious.  Where legal advice and representation can have the biggest impact on this, is helping doctors understand the process, what to expect and how to engage with the GMC during an investigation and hearing.

Research has shown that registrant’s engagement and legal representation can impact on decisions about seriousness, and that the lack of legal representation has been identified as being associated with more severe sanctions outcomes in fitness to practise cases, stating:

“Legal representation was seen as important by participants because legal advice could support and guide registrants through the FtP process, which is complex and legalistic. Legal advice was seen as important in aiding registrants to understand regulators’ expectations, especially in terms of the need for registrants to demonstrate insight and perhaps to show evidence of remediation activities. Lack of legal representation was, therefore, seen to potentially have an impact in terms of the seriousness of the outcome for registrants who are perhaps unaware of how to present their case to best effect.”

 A compassionate approach to legal representation

The right legal advice and representation is not just about the legalities and technicalities of a case.  Our barristers fully understand the stress and anxiety that doctors experience during prolonged GMC investigations.

We also understand that we are working with people who are anxious and worried about what investigations might mean for them, their professions and the reputations.

We never lose sight of the human aspects of FtP investigations and hearings.  We will always give an open and honest assessment of cases, but we will marry that with an approach that also supports health and care professionals through the duration of a case.

“I was not optimistic about the case, I felt that it is a lost case that we couldn’t do much about and especially just before the start of the trial I lost my confidence and was very nervous. Mr McCaffrey was there to prove me wrong. He turned everything around in a victorious , panegyric manner. I was stunned.” – CL

Catherine is professional, empathic and very knowledgeable. She provided all the necessary assistance throughout the long thorough investigation. – AR

A colleague recommended me to Catherine. She was very experienced , professional, empathetic , non-judgemental and listened to me. – Mel

I found myself consumed with dark thoughts, isolated and afraid. Stephen worked with me and slowly but surely formulated a plan not to just to fight my case and win, but to build me back up bit by bit so as to prepare me to face external scrutiny and present with confidence to panels where this was necessary. – FJ

What you can Expect when Instructing Kings View

All clients are entitled to an initial, no obligation and free telephone consultation about their case.  During this consultation, we will outline the stages and next steps, including indicative timeframes and fixed price quotations for preparation and representation and confirmed in writing at each and every stage.

We understand that timescales are entirely dependent on the stage you are at in proceedings, what work needs to be done and dictated by internal investigations or hearing dates.  We always meet those timescales however should more time be needed, then we will apply for such on your behalf and with your permission.

Contact us today for a no obligation and free telephone consultation about your case in the knowledge that you are speaking to one of the best in the business.

Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.