GDC Update “Hotel California” Guidance
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- Published: Tuesday, 03 September 2024 08:12
- Written by Peter Ingle
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The GDC is having a spring clean of its fitness to practise (FTP) decision-making guidance. The latest aspect to be reviewed is that designed to assist their decisions on voluntary removal on the Registrar‘s behalf.
Registered dental professionals can ask to be removed from the register at any time and it is normally an administrative process. However where there is an FTP investigation under way, the GDC will often reject applications to leave the register.
The justification for this, and the considerable time, stress and expense for all involved, will be that there is a public interest in concluding an investigation.
The GDC say that their new guidance aims to ensure that patient safety, public confidence and professional standards are maintained. They also claim that it will: “improve transparency and consistency in the approach to applications for voluntary removal, and ensure proportionality in decision-making.”
“We recognise that our investigations can take a long time, and can have significant negative impacts on the health and wellbeing of participants. We want to reduce these where we can and have added emphasis to this key consideration in the updated guidance” said Stefan Czerniawski, Executive Director, Strategy, at the GDC.
Applications for voluntary removal are more 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.
One issue with allowing routine voluntary withdrawal before an FTP case is decided, is that dental professionals can apply for restoration to the register 12 months after an application for voluntary removal has been granted. To ensure that this is not used to subvert the FTP process, outstanding fitness to practise concerns will be assessed as part of any future restoration process.
Amongst the considerations when there is an application for voluntary removal, the Registrar will now consider the registrants health and any exceptional circumstances, as well as the likelihood that they might reapply, and maintaining public confidence in the profession
The new guidance makes clear that voluntary removal is not a legitimate way for a registrant to avoid a fitness to practise investigation. However, it may result in the conclusion of a case where it is appropriate and proportionate to do so, and where the applicant has no intention of returning to the register in future. Evidence suggesting that the registrant’s sole or primary motivation for applying for voluntary removal is to avoid a fitness to practise investigation, is likely to weigh heavily against the granting of voluntary removal.
Applications are less likely to be accepted at the early stages of FTP investigations because the nature, scope and gravity of any potential allegations may not yet be established. As a result: “it will rarely be appropriate for voluntary removal to be granted before the GDC has completed its initial investigation and where allegations have been considered by case examiners.”
The guidance lists 8 cases where voluntary removal should not be granted unless there are exceptional circumstances. These include those where there is an ongoing police investigation or conviction for a serious criminal offence, sexual assault, and misconduct or harassment on the grounds of any protected characteristic, as well as discriminatory behaviour on the grounds of any protected characteristic. Violence and dishonesty are also included.
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