Hylton-Potts - London Based Law Firm Helping People Across the UK since 1999
Table of Contents - Click to
- 0.1 Fitness to Practise Hearings
- 0.2 GDC Disciplinary Process
- 0.3 How does an investigation start?
- 0.4 Handling removals from the Dental Performers List
- 0.5 Managing cases of fraud
- 0.6 Handling suspensions of NHS dentists
- 0.7 Handling Breaches of NHS Dentistry Contracts
- 1 General Dental Council Hearings
We help dentists get onto the specialist registers, and advise on an appeal if there has been a refusal.
GDC Fixed Fee
Application to GDC via EC Rights- Highly Competitive Fixed Fees
To learn more, why not listen to Rodney’s short podcast on the homepage.
Rodney Hylton-Potts has many years experience in representing and advising dental professionals at General Dental Council ( GDC) Fitness to Practise hearings. He has been highly successful in having suspensions revoked and conditions minimised.
He represents all the professionals who are regulated by the General Dental Council ( GDC) :
- Dental therapists and dental hygienists
- Dental nurses
- Dental technicians
- Clinical dental technicians
- Orthodontic therapists
He represents all registered dentists and dental care professionals, whether they work in the NHS or in private practice.
Rodney Hylton-Potts can help in cases where a registrant’s fitness to practice is alleged to be impaired, due to their health, conduct, including convictions and cautions, or performance.
He can advice on tactics, where a registrant’s fitness to practise is found to be impaired, or if he or she is found guilty of serious professional misconduct.
He will effectively communicate with the Investigation Committee on behalf of the registrant, and has had numerous cases where no further action was taken, or only advice or a warning was issued by the GDC.
Rodney Hylton-Potts has represented dentists and dental professionals in DGC public enquiry hearings, (Fitness to Practise hearings) and has a high success rate off avoiding erasure or suspensions, and a minimum of conditions imposed or reprimands being issued.
DGC Appeals: It is possible to appeal a decision of the Practice Committee that the dentist should be erased, suspended or have conditions imposed on registration, with a 28 day time limit for appeals (to High Court in England and Wales) starting with date on which notification of decision was served. Rodney Hylton-Potts can provide you with guidance and representation to challenge conditions that are unfair.
He is renowned as a fighter, and a good man to have on your side.
We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland
We deal with primary care NHS applications.
Fitness to Practise Hearings
GDC Disciplinary Process
All practising dentists and dental care professionals are expected to meet the standards set by the General Dental Council. The GDC. These professionals include Dentists, Dental therapists and Dental hygienists, Dental nurses, Dental technicians, Clinical Dental technicians, and Orthodontic therapists.
The GDC has the duty and power to remove from the Dentists’ Register any member who is shown to have behaved in a manner unsuitable for continued registration.
The GDC will act on complaints that it receives from patients, members of the public or other dentists and information from organisations such as the police or the NHS, which suggest that the dentist’s fitness to practise is impaired due to health, conduct (convictions and cautions) or performance.
How does an investigation start?
The GDC Investigating Committee investigates the allegation to assess grounds and evidence and decides whether it should be considered by one of the fitness to practise committees:
- Professional Performance Committee
- Health Committee
- Professional Conduct Committee
If enough evidence is available and further investigation is required, the GDC Registrar refers the allegation to a Practice Committee and notifies the Committee’s decision to the individuals subject to allegation and making allegation. The nature of the alleged impairment of fitness to practise will determine which Practice Committee should hear a case. If no issue of impairment to practise can be established, the Investigating Committee will close the case. Advice or a warning may be issued.
If you find yourself the subject of an investigation or have any concerns concerning your practice, you should seek legal advice sooner rather than later. Rodney Hylton-Potts can provide guidance and advice, and represent you throughout the various stages of the GDC disciplinary process.
The Investigating Committee may consider that the Interim Orders (‘IO’) Committee should consider making an order for interim suspension or interim conditional registration. If so, the Registrar refers the matter to the IO Committee. Sanctions available are either an ‘interim suspension order’ for up to 18 months or an ‘order for interim conditional registration’ for up to 18 months.
Such an order shall be reviewed:
- within every 6 month period; or
- within 3 months if the person concerned requests an earlier review; or
- when new evidence relevant to the order becomes available.
A full hearing before a Practice Committee is conducted in 3 stages: a preliminary stage; the factual enquiry and finally an analysis of the facts and determination of the case. The dentist called before the PCC usually attends the hearing but is normally represented by a solicitor or barrister. A notice of the enquiry, including the charge to be faced, is sent to the dentist by the GDC’s solicitors at least 28 days before the date of enquiry. The Committee’s first duty is to determine whether the facts in the charge have been proved. Only after some or all of these facts have been proved, does the Committee whether this amounted to serious professional misconduct.
If fitness to practise is not impaired then the Committee may give a warning or advice regarding future conduct. If fitness to practise is found to have been impaired the following sanctions are available to the Practice Committee:
- erasure from register (only by Professional Conduct Committee);
- registration suspended for up to 12 months;
- conditional registration for up to 3 years;
- suspension/conditional registration may be extended at a later date;
Failure to comply with requirements imposed as conditions may result in Committee ordering, erasure from register (except in a health case) or suspension for up to 12 months.
It is possible to appeal a decision of the Practice Committee that the dentist should be erased, suspended or have conditions imposed on registration, with a 28 day time limit for appeals (to High Court in England and Wales) starting with date on which notification of decision was served. We can provide you with guidance and representation to challenge conditions that are unfair.
In the case of suspension, the dentist or dental professional’s name is automatically restored to the Dentist’s Register at the end of that period.
No application may be made to Professional Conduct Committee (via the Registrar) for restoration to register until the expiry of ten months from the date of erasure (soon to be changed to 5 years in line with GMC disciplinary procedure) or in any period of 12 months in which an application for restoration has already been made.
To assist the Professional Conduct Committee with consideration of these applications, the Council’s Solicitor first recalls the evidence which led to the erasure. The dentist applying to be restored to the Register may then address the Committee, and call witnesses in support of the application. The applicant can be represented by Rodney Hylton-Potts at the hearing.
A GDC investigation can be upsetting and intimidating. Rodney Hylton-Potts has extensive experience gained from representing many dental professionals throughout the various stages of their disciplinary proceedings. He can provide expert help and support through this often challenging time, and is a fighter, a good man to have on your side.
Rodney Hylton-Potts has many years experience in representing and advising dental professionals, including students at GDC hearings. He represents dentists, and dental students, at each stage of the Complaints Procedure and has been highly successful in having suspensions revoked and conditions minimised.
Hylton-Potts specialises in making representations to the panels following the refusal of registration due to misconduct and Assistant registrar appeals panel.
Handling removals from the Dental Performers List
Rodney Hylton-Potts has a very high success rate of handling dentist and dental care workers removals from the dental performance list. Call the experts on 020 7381 8111 or email [email protected] for confidential effective support.
Managing cases of fraud
Rodney Hylton-Potts has a very high success rate of managing cases of fraud for dentist and dental care workers. Call the experts on 020 7381 8111 or email [email protected] for confidential effective support.
Handling suspensions of NHS dentists
Rodney Hylton-Potts has a very high success rate of handling suspensions of dentist and dental care workers. Call the experts on 020 7381 8111 or email [email protected] for confidential effective support.
Handling Breaches of NHS Dentistry Contracts
Rodney Hylton-Potts has a very high success rate of handling breaches of NHS Dentistry Contracts for dentist and dental care workers. Call the experts on 020 7381 8111 or email [email protected] for confidential effective support.
General Dental Council Hearings
The General Dental Council GDC investigates complaints against dentists, and dental students and has powers to hold disciplinary hearings. The disciplinary committees may strike a practitioner off the register or impose lesser sanctions.
Hylton-Potts represent dentists, and dental students and nurses at GDC interim suspension hearings, at GDC final conduct and competence hearings, and at GDC restoration hearings.
Hylton-Potts advise on evidence and all dentist, dental students and dental nurse GDC fitness to practice issues.
He can advice on tactics where a registrant’s fitness to practice is found to be impaired, or if they are found guilty of professional misconduct.
He is renowned as a fighter and a good man to have on your side.
We can help you to be registered as a dentist in the UK or with an appeal if you have been refused. We are experts at european rights.
Call 020 7381 8111 or email [email protected] for further details on how we can help you fight your GDC case.
Exempt Person Status
In order to apply for registration via the assessment route, you are required to provide proof of your Exempt Person Status.
This evidence is required to be accompanied by a letter detailing how you meet the requirements and listing all the evidence being submitted.
Evidence can include a resident permit from another EU country showing residency for at least 3 months, rent agreements, proof of employment or study, bank statements, pay slips, tax documents and any other documented proof of status.
It is a your responsibility to demonstrate your Exempt Person’s Status and if you have any questions specialist about your rights under EC law, the GDC strong advise dentists to consult a lawyer. The GDC cannot provide such advice. They only send out an assessment application, after being satisfied with your evidence showing Exempt persons status.
If you wish to make an application for Exempt Person Status, under EC rules, consult the experts – Call 020 7381 8111 or email [email protected] for further details on how we can help you fight your GDC case.
This is the: granting of approval by an official authority, such as your professional body.
We can help have your degree or qualification homologated to assist in the process of becoming registered
GDC Dentist & Dental Care Professionals
Applications to Restore Registrations
We are experts at applications to restore registrations, and have a great success rate. Please contact the experts – Call 020 7381 8111 or email [email protected].
Restoring your name to the Register
If you’re no longer registered because you have been working abroad, taken a career break, or been removed from the Register for non completion of CPD or for not paying the annual retention fee and you would like to practise in the UK, you will need to apply for restoration to the Register.
How do I apply for restoration?
To apply for restoration, you will need to send us a completed restoration form, pay the restoration fee, and send CPD evidence and a letter of good standing if necessary (see below).
How much does it cost?
How much restoration costs depends on when you wish to restore your name to the Register. If you return your restoration form to us in the two months before the annual retention fee for your profession is due, you will also need to include this in your payment. This will ensure you are registered for the following registration year. Click here for prices.
Do I need to send any evidence of continuing professional development (CPD)?
Whether you will need to send in any CPD evidence depends on how long you have been off the Register and if your cycle has ended in that time. Find out more in CPD restoration requirements.
Do I need to provide a letter of good standing?
You will need to provide a letter of good standing if you have been practising overseas during the time you have been off the Register. This should be from the relevant authority of the country or state in which you last practised.
How long will it take?
It will take up to 14 working days to restore your name to the Register, provided your form is correctly completed and you have sent any supporting documents required. Incorrect or incomplete forms cannot be processed.
I have been practising in the UK while I was off the Register, what should I do?
If you were working in the UK while your name was erased from the Register, you will need to explain the circumstances in a letter. If this has occurred you are advised to contact your solicitor or defence organisation before submitting your application.
Can I restore my name after erasure by the professional conduct committee (PCC)?
Since 31 July 2006 when the Dentists Act 1984 was amended, the PCC has operated under two parallel legal systems. If a complaint was received by the GDC before 31 July 2006 then the case is considered under ‘old rules’; if it was received after 31 July 2006 then it is considered under ‘new rules’.
A dental professional whose name has been erased from the Register under the ‘old rules’ may apply for restoration to the Register 10 months after they have been erased. The applicant may also submit testimonials from persons of standing in support of the application. Under the ‘new rules’ a dental professional may apply for restoration 5 years after they have been erased.
To assist the PCC in considering these applications, the Council’s solicitor first recalls the evidence which led to the erasure. The dental professional applying to be restored to the Register may then address the committee and call witnesses in support of the application. The applicant may be represented by counsel or a solicitor at the hearing.
Under the ‘new rules’ the PCC may decided to restore a practitioner’s name subject to certain conditions. The committee may also decided to impose these conditions with immediate effect.
GDC Documents for download
Advice for Foreign Dentists
GDC (Fitness to Practise) Rules Order of Council 2006
GDC Standards for Dental Professionals
Scope of Practice
Standards of Proof
General Dental Council (GDC) guidance on European Parliament Directive 2004/38/EC and EC Rights
This explains the circumstances under which applicants are entitled to be treated as an exempt person or as an UK national with enforceable community rights and the documents required to prove this entitlement. The guidance applies to EEA nationals who are moving to work and reside in the UK and the family member is accompanying them.
EU Directive 2004/38/EC was implemented on 30 April 2006 and is effective from that date.
What are the European member states?
For the purposes of registration with the GDC, Switzerland is treated as an EEA Member State.
What are the main principles of EU Directive 2004/38/EC?
It is a single, transparent instrument establishing conditions governing the right of EU citizens and their family members to freely move and reside within the territory of the Member States.
This directive applies to all EU Citizens who move to or reside in a Member State other than that of which they are a national and to their family members.
EU citizens have the right to free movement and residence within the territory of the Member States. However, this right is also granted to their family members.
This directive requires that family members of EU citizens are treated as EU citizens. The specific rights of family members are:
- Article 24: right of family members to equal treatment as Member State nationals providing they have the right of residence or permanent residence under Article 7.2.
- Article 23: right of family members to take up employment or self-employment, providing they have the right of residence or permanent residence.
I am a non-EEA national – am I an “exempt person”?
In order to apply for registration under section 15(4) and 16(2A) or (2B) of the Dentists Act 1984, you will have to demonstrate that you qualify as an ‘exempt person’. There are different ways an applicant may qualify as an exempt person. These are:
- Nationals of EEA states (other than UK nationals) and Swiss nationals; or
- UK nationals with enforceable Community rights by virtue of having resided in another relevant European state as a worker, self employed person, student or self-sufficient person or (in the case of an EEA state) pursuant to the three month right to reside under Directive 2004/38/EC.
- Those who are not nationals of an EEA state or Switzerland and who are:
- the spouse/civil partner registered under the law of an EEA state of:
- a non-UK EEA national in the UK as a worker, self-employed person, or self-sufficient person, or pursuant to the three month right to reside under Directive 2004/38/EC
- a UK national having resided in another relevant European state as a worker, self-employed person, or self sufficient person, or (in the case of an EEA state) pursuant to the three month right to reside under Directive 2004/38/EC;
- the descendant aged under 21 years, dependent descendant or dependent relative in the ascending line of an EEA national as defined in (a) (i)-(ii) above, or of their spouse or civil partner or the extended family member of such a person having been given the right to reside in the UK;
- the spouse, civil partner of an EEA national in the UK as a student for more than three months or a UK national having studied for more than three months in another relevant European State, or the dependent child of such an EEA or UK national or their spouse or partner;
- a person previously falling into one of the categories in (a)-(c) above who has retained their Community rights following the death or departure of the EEA national from the UK or following divorce, annulment of marriage or termination of the civil partnership, under the conditions described in Articles 12 – 13 of Directive 2004/38/EC;
- the spouse, child under 21 or dependent child of a Swiss national in the UK as an employed worker, a self employed person, a student or self sufficient person.
Rights conferred by this Directive do not extend to a substantive right to have professional qualifications recognised. If you are entitled to be treated as an exempt person in the UK, you are not entitled to automatic recognition of your qualifications.
I am a UK national or a family member of a UK national – how do I demonstrate that I have enforceable community rights?
For UK nationals, or family members of a UK national who wish to apply for registration via enforceable community rights, the following evidence is required from you, your spouse or family member as appropriate, to prove ‘exempt person’ status:
- A registration certificate or residence card issued by another EEA state, or a Swiss residence permit proving residence in that relevant EEA state for at least three consecutive months; or
- Evidence of at least three consecutive months of employment, self-employment, study, self-sufficient residence in another relevant European state.
For documentation confirming your residential status in another EEA member state, it is your responsibility to obtain information from the appropriate bodies in that member state.
I am a UK citizen married to a UK citizen – why am I not an exempt person?
The definition of an ‘exempt person’ in the Dentists Act 1984 specifically excludes UK citizens except where they are seeking access to or pursuing the profession of dentistry by virtue of an enforceable community right. You cannot derive the right to be treated as an exempt person in the UK from your relationship to a UK national because:
- Article 3 of directive 2004/38/EC states that the directive shall only apply to those European Union citizens who move to or reside in a member state other than that which they are a national, and to their family members who accompany or join them.
- When a UK national remains in the UK he/she is not moving within the EU in order to exercise his/her right of free movement and residence.
What are the consequences in the UK for the treatment of family members’ professional qualifications?
The family member of an EEA national or UK national with enforceable community rights who is a third country national i.e. a non-EEA national, accompanying another member state national who is living in the UK:
- who has qualifications from the UK, will have a right to equal treatment under Article 24 of Directive 2004/38. However, irrespective of this directive, all individuals with a recognised dental qualification from the UK are eligible for registration in the UK irrespective of nationality.
- who has qualifications from a member state other than the UK, by virtue of Article 24 of 2004/38 is entitled to be treated equivalently to a national of the UK with another member state’s qualifications.
- who has qualifications from a third country i.e. a non-EEA country, has the right to have those qualifications to be treated equivalently to a national of the UK with a third country qualifications.
A family member who is another Member State national, but has qualifications from a third country, will fall within the EU recognition directives listed in annexe A.
A family member who is a third country national i.e. a non-EEA national, accompanying an exempt person or UK national with enforceable community rights does not acquire rights via Directive 2004/38 unless the UK national can provide evidence of at least three consecutive months of employment, self-employment, study, or self-sufficient residence in another relevant European state.
We at Hylton-Potts can advise on what evidence is required to prove that the applicant for registration with the GDC is the family member of an EEA national.
If you are unable to provide the above documents, the alternative documents you have to provide will depend on your relationship with the EEA national from whom you are deriving your rights. These are detailed in the following document:
How do I find out about working in the UK?
Please note that if you are the family member of an EEA national who has been granted registration by the GDC, you may still require clearance to work in the UK. The GDC is unable to provide advice on this. For advice please contact the Immigration and Nationality Department at the Home Office. You can find out about work permits on the work permits website.
If you are a dentist who wants to apply for registration with the GDC in England/Wales consult the experts.
We offer a fast and efficient service, and always strive to give good value for money. All phone calls, emails and letters are dealt with the same day. Your affairs will, of course, be treated as confidential.
We do a lot of medico/ legal, GDC and Hospital Trust work and have an excellent track of success.
We give excellent value for money.
We offer a highly competitive rate, which covers reading everything reading everything, detailed legal advice and the necessary legal application.
For more information or a free legal opinion telephone 020-7381-8111 or email [email protected].
If you have a problem over an examination or qualification we can help – Consult the experts – Call us on 020 7381 8111 or email [email protected] and see how we can help you defend your case concerning the General Medical Council laws.
Challenging Exam Results
A disappointing result/grade or failure is not the end of the road. Expert advice and the law can help you.
Examining bodies have duties. We operate highly competitive fixed fees.
Contact us by phone or email for a free expert opinion.
We can help with the Objective Structured Clinical Examination (OSCE ) a clinical skill performance and competence in skills such as communication, clinical examination, medical procedures / prescription, exercise prescription, joint mobilisation / manipulation techniques, radiographic positioning, radiographic image evaluation and interpretation of results. If you feel that you have been wrongly marked, we can advise and draft presentations for £950
We can help with a legal complaint following failure to pass the overseas registration examination (ORE) set by the GDC for a fixed fee of £950 including VAT or make representations following failure to pass or be properly graded at the Objective Structured Clinical Examination (OSCE), for a fixed fee of £950
If your school, academy, college or workplace needs an independent investigation to assist you in getting at the facts, quickly inexpensively and in a no nonsense clear fashion look no further.
Consult the experts -for more information telephone 020- 7381- 8111 or email [email protected]
We can help you in any part of the United Kingdom. England, Scotland, Wales or Northern Ireland