A family with three children had been patients of our member for many years. The parents were private patients and the children were NHS registered as it was our member's policy that children should have access to NHS treatment when one or both parents are private. When the parents chose to move to another practice, leaving the children registered with the dentist's practice, he telephoned his local health authority to verify the procedure for de-registering the three children. He subsequently returned three FP1 8s requesting three months notice for de-registration as set out in the NHS Terms of Service. There was no outstanding treatment on any of the children and the health authority informed him that they would notify the patients of the de-registration. Several months later, the dentist received a request for extractions for one of the children from his orthodontist, which he duly returned explaining that the patient was no longer registered at the practice. The child's mother subsequently telephoned the dentist to express her concern and he apologised on behalf of the health authority for their failure to inform the family.
The children's parents complained directly to the General Dental Council and our member received a letter from the GDC stating that the matter was to be considered by the Preliminary Proceedings Committee. Our member approached us for advice and we instructed a solicitor who responded to the Preliminary Proceedings Committee on his behalf, explaining the situation in detail. However, despite this, the case was referred to the Professional Conduct Committee of the GDC.
Misconduct alleged
The dentist faced a number of charges before the Professional Conduct Committee of the GDC relating to his failure to advise the parents personally of his decision to remove their children from his list of patients. It was alleged that, in failing to do so, he was in breach of a number of provisions of his Terms of Service.
Outcome
The DDU's dento-legal adviser arranged a meeting with representatives of the relevant health authority to discuss the various issues regarding the de-registration of these children. The health authority confirmed that it is the dentist's responsibility to notify patients of the termination of a capitation arrangement after a three month period and that our member had been misinformed. It was the policy of the health authority to notify patients only when immediate de-registration is requested. At the hearing, counsel for the prosecution, in his opening address, made no reference to the statutory provision requiring the dentist to inform a patient personally of removal from the practice list and an effort was made to enlarge the scope of the inquiry, to allege that our member had been abrupt and unhelpful in his contact with the family. Until that point, no such allegation had been made against our member and representations were made on his behalf to prevent the inquiry being enlarged and confirmation sought on the precise statutory provision which it was alleged he had breached. The prosecution then confirmed that they did not intend to seek to allege that our member had been guilty of abrupt and discourteous behaviour. The case progressed and the mother of the three children was called. She accepted that there had been a "mix-up".
A submission was made by our member's barrister that the facts alleged could not, as a matter of law, amount to serious professional misconduct on the grounds that it was accepted by the prosecution that he had sought advice from the health authority as to the correct course of action. Unfortunately, he had been given incorrect advice and the health authority clearly did not regard this breach as serious or significant as they had not begun proceedings against the dentist for breach of his Terms of Service. In any event, as had been accepted by the children's mother, the whole episode had been no more than an unfortunate mix-up.
The application was granted by the Committee and the case was dismissed.
This page was correct at publication on 01/04/2002. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.