Anthony Haycroft successfully defends dentist before a Dental Professionals Hearing Committee in March 2025 in a two week Fitness to Practise hearing
26th March 2025
Anthony Haycroft successfully defended a dentist before a Dental Professionals Hearing Committee in March 2025 in a two week Fitness to Practise hearing. No preliminary legal argument was necessary as Counsel agreed all relevant redactions to the bundle in advance of the hearing. The dentist was accused of 33 charges with up to 5 sub-charges per charge covering dishonest NHS claims for payment, inadequate treatment planning, diagnostic assessments, radiographic practice, poor clinical treatment and inadequate record keeping. The defence case was that there were inadequate record keeping but there were a substantial number of records missing. This was proven and after a week of discussion between the parties and experts the GDC withdrew all charges save those relating to record keeping (12). The parties then also agreed what evidence should go before the Committee and what further redactions should be made.
The defence argued unsuccessfully that the failings, individually all only below standard, should not be aggregated together to make “serious misconduct” and the cases of Schodlok v GMC [2015] EWCA Civ 769 and Ahmedsowida v GMC [2021] EWHC 3466, were argued and both experts questioned on the issue.
In any event no current impairment was found as the Committee accepted that all issues were fully remediated and full insight shown as demonstrated by an extensive bundle and oral evidence.
Anthony Haycroft was instructed by Lee Biddle and Nicola Blower of Clyde & Co, themselves instructed by Thomas McCaffrey of Dental Protection. Rina Hill of 23 Essex Street presented the case for the GDC.
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