82% of dental professionals who were recently investigated by the GDC said the process had a detrimental impact on their mental health. 14% quit dentistry due to the investigation, a further 38% considered leaving, and 28% said they experienced suicidal thoughts. This was revealed as part of a Dental Protection survey of 125 dental professionals who have been investigated by the dental regulator in the last five years.
The GDC can and must introduce improvements. We recently welcomed a range of reforms including to make their communications more empathetic, the piloting of efforts to expedite simple cases, and changes to the level of detail put into the public domain for interim investigations. This progress is welcome and also shows that the lack of legislative reform cannot be used as an excuse for the lack of progress.
The absence of government-led reform is however a significant barrier to progress.
The Dentists Act, which provides the GDC with its powers, turned 40 years old in July 2024. The Act is an anachronism, drafted for an era that has passed. In some sections, it sets out in an unnecessary level of detail how the GDC should conduct its operations. With reform to the legislation, the regulator would be more able to streamline its processes, improve efficiency, reduce the number of investigations into less serious allegations to ensure that investigations conclude more quickly.
The GDC itself has been calling for legislative reform for some years, as the current framework continues to limit its ability to deliver functions with efficiency.
Successive governments have however failed to deliver on substantive reform to the legislation. For too long, proposals to reform professional regulation have focused on other larger regulators such as the GMC and NMC with much needed reform to the GDC relegated to an afterthought.
As recently as December 2023, the government confirmed its commitment to introducing reforms that would benefit the General Medical Council, Nursing and Midwifery Council and Health and Care Professions Council - with no commitment or even any reference to when GDC reform might progress.
It is time for GDC reform to be placed at the front of the queue. We urge the government to commit to delivering reforms to the professional regulators within this parliamentary term and offer and set out the timescale for how long it will take.
We urge the government to bring forward a strategy that sets out a package of legal reforms to tackle the rising cost of clinical negligence – and in particular to ensure that the impact of claims on dentistry is central to considerations.
We suggest that this should include proposals to increase the Fixed Recoverable Costs (FRC) scheme to cover cases up to £50,000 rather than the £25,000 recently proposed. It is worth noting that the low value fixed recoverable costs scheme only relates to pre-litigated claims and we would support extending the scheme to also cover lower value claims which settle post issue of proceedings. This would supplement the Ministry of Justice’ current fixed costs process applying to matters which are allocated to the intermediate track for civil claims. We would suggest that the government review the effectiveness of the existing FRC scheme 12 months’ post implementation with specific reference to whether the same is effective in tackling the overall cost of dental claims.