GDC investigations and Case Examiner representations

A GDC investigation is often the first significant stage in a fitness to practise case. Receiving correspondence from the General Dental Council can be daunting, particularly where allegations concern your clinical practice, professional conduct, health, honesty or competence.

The investigation stage is also an important opportunity to influence the direction of the case. The evidence and representations provided to the GDC may determine whether the matter is closed, referred for further investigation or sent to the Case Examiners for a decision.

Defending you during the GDC investigation

We represent dentists and dental care professionals throughout GDC investigations, providing advice on both the substance of the allegations and the appropriate regulatory response.

We begin by establishing precisely what the GDC is investigating and identifying the issues that need to be addressed. We then review the available evidence and advise you on the strengths and weaknesses of your position.

We can assist with:

• reviewing the GDC’s allegations;
• analysing clinical and documentary evidence;
• reviewing patient records and correspondence;
• advising on GDC standards and guidance;
• identifying factual or evidential inconsistencies;
• preparing written responses;
  responding to requests for information;
• advising on witness evidence;
  considering whether expert evidence is required;
• making representations about the scope of an investigation;
• addressing procedural issues; and
  preparing submissions to the Case Examiners.

Case Examiner representations

Where a matter is referred to the Case Examiners, the representations made on your behalf can be particularly important.

The Case Examiners consider the available evidence and determine whether there is a realistic prospect that a Practice Committee could find that your fitness to practise is impaired. Depending on the circumstances, they may decide that no further action is necessary or may refer the case onwards.

We prepare detailed and focused representations addressing the evidence and the applicable regulatory tests.

The objective is not simply to repeat your account of events. We analyse the evidence critically and identify the reasons why the allegations should not progress, where that is properly arguable.

Challenging the evidence

GDC investigations can involve substantial documentary material. This may include clinical records, complaints, correspondence, witness statements, expert reports and information obtained from employers or other organisations.

It is important that the evidence is examined carefully rather than accepted at face value.

We identify factual inaccuracies, inconsistencies and evidential gaps and consider whether the material actually establishes the allegations being made.

Where appropriate, we also consider whether evidence has been obtained or relied upon in a procedurally appropriate manner.