Policy makers must address the unforgiving dento-legal weather created by fitness to practise procedures if they want to resolve the crisis in NHS dental provision, says the DDU’s John Makin.
Winter storms often bring reports of affected communities who’ve just managed to get back on their feet after a deluge.
That feeling of constantly battling against the elements is one that plenty in the dental community can identify with right now. It’s not just the challenge of an unworkable contract (which is hopefully set for imminent reform), gaps in the workforce, the frustration of not being able to meet the level of patient need or negative coverage in the media.
Another issue is the adverse climate caused by the rising tide of dento-legal pressures: costly negligence claims, an inevitable increase in complaints from unhappy patients and an outdated regulatory system.
We are still waiting for the government to take the practical steps which would improve the dento-legal situation.
Regrettably, the legislative timetable seems to be slipping for action on disproportionate legal costs in lower value dental claims. Nor is there any sign of the Section 60 Order that will allow the GDC to reform the creaking fitness to practise system.
‘Lengthy and stressful’ fitness to practise investigations
We were disappointed to read that the GDC has been found to have failed once again to meet the standard for the timeliness of fitness to practise cases in the Professional Standards Authority (PSA) annual report. While there was a slight overall reduction in the total number of older cases, the GDC now has more cases older than 156 weeks than at any time in the last three review periods.
This lengthy and stressful investigation process itself amounts to a sanction, even when there is no adverse finding. And while only a minority of dental professionals are ever subject to an FtP investigation, the regulator must be careful not to make things more challenging.
For example, those cases that reach a panel hearing will from April be held remotely by default, meaning those wanting an in person hearing have the added stress of making a case for this at the outset.
I’ve never met a practitioner who disputes the need for professional accountability, but the current perception is of a system unfairly stacked against them. It’s no surprise that many dental professionals have chosen to prioritise their own wellbeing in recent years by taking steps to reduce their workload or even leaving the profession they once enjoyed.
I want 2025 to be the year that policy-makers recognise the damage that repeated storms have inflicted on morale and provide effective shelter.
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