If an oral hearing is to be held
How will the hearing be held?
Most appeal hearings are held by remote video conference. You and your representative (if appointed) will be sent a meeting invitation by email a few days before the appeal hearing takes place.
What if I have an accessibility requirement?
If you have particular accessibility requirements, please let a member of the Hearings Service know prior to the hearing so that we can accommodate your requirements (where possible). During the hearing, you can take regular breaks if this makes it easier.
Who is allowed to watch the hearing?
All hearings are usually open to the public (including the Press). There are limited circumstances where a Registration Appeals Committee may agree to a request that a hearing be held in private. If you want the hearing to be held in private, please raise this with the Hearings Service before the hearing. Anyone who wants to attend a hearing held by remote video conference must fill in an online form.
What happens on the day of the hearing?
On the day, please be ready at least 15 minutes before the hearing is due to start. This is so that you can speak to the Registrar’s representative and/or the GDC’s legal adviser if necessary and deal with any last minute matters. The GDC’s representative will always be present at these discussions.
What if I am late or I can’t make it at the last minute?
If you are running late and are unable to log onto the hearing or if you are unable to attend the hearing, please email HearingsCoordinators@gdc-uk.org or call 0207 167 6080 (the hearings team) as soon as you can. If you don’t get in touch, the hearing may go ahead without you and a decision could be made in your absence including a decision to dismiss your appeal.
What happens in the hearing?
At the beginning of the hearing, the Chair of the Committee will introduce themselves, the members of the Committee, the Legal Adviser and the Committee Secretary.
The Chair will explain the process to you as the hearing proceeds. If you do not understand, please feel free to ask questions.
After all parties have been introduced, the Chair of the Committee will first ask both parties if there are any preliminary points anyone wishes to make before the case starts. These could relate, for example, to any additional documents to be considered such as asking for additional documents to be considered, additional time before the hearing, legal issues; or a request that the hearing, or a part of it, be heard in private. The Committee will hear the request and then may ask everyone to leave the meeting whilst it makes a decision.
The Registrar’s legal representative will outline the GDC’s case summary and the bundle of documents.
At the end of the GDC’s case, you or your representative present your case. This is your chance to tell the Committee the facts of your case and explain why you think that you should remain registered. You can refer to any particular papers that you think are relevant. You can call other people as witnesses to speak on your behalf and give evidence. They can be questioned by the Registrar’s representative, and by the Committee and the advisers.
Under the Appeals Rules, you have the right to speak last to the Committee.
Will I be asked to take an oath?
While you have the right not to say anything at your appeal if someone else is presenting it for you, if you decide to address the Committee yourself, you may be asked if you will take an oath on your Holy Book (Old Testament, New Testament, Adi Granth, the Bhagavad Gita or the Koran) or make a non-religious affirmation, as the Committee will give greater weight to evidence given in this way. However, if you wish, you may make a statement to the Committee without taking an oath.
What if I need a break during the hearing?
You can ask the Chair at any time during the hearing if you want a break. There will be regular breaks throughout the day, including an hour for lunch.
How does the Committee arrive at and communicate a decision?
After you and the Registrar’s representative have finished, the Chair will ask the legal adviser for their advice. Both you and the Registrar’s representative will have an opportunity to comment on this advice if you want to.
The Chair will then ask everyone other than the committee members, the legal adviser and the Committee Secretary to leave the meeting so that the Committee can consider the case in private, and make a decision. Usually, the Chair will indicate the time when you will need to come back. If this is not the case, the Hearings Service will keep you informed.
The Committee will discuss the evidence and representations and decide whether to allow your appeal. A document setting out the Committee’s decision and explaining the reasons for the decision will then be written. This is called the ‘determination’.
All parties will be called back into the meeting and the Chair will read the determination. You can request a copy be sent to you immediately. A copy will be sent by a hearings coordinator within a few working days following the hearing.
If I was not present at the hearing, how will I find out what happened?
If neither you nor the Registrar has asked for an oral hearing to be held, the Hearings department will write and tell you the date on which the Committee will meet to decide your appeal. On that date, the Committee will consider all the relevant documents in the appeal bundle, the case summary and any additional documents that have been submitted. Neither you nor the registrar nor any representatives will appear in person before the Committee.
Once the Committee has made a decision on your appeal, a document setting out the Committee’s decision and explaining the reasons for the decision will be produced and sent to you. This is called the ‘determination’.
Will the decision will be published?
Once a decision has been made on your appeal, the rules state that the Director of the Hearings department must publish the following information on the GDC website:
(a) your full name;
(b) the nature of the appeal;
(c) the outcome of the appeal; and
(d) such reasons for the Committee’s decision as the Committee direct should be published.
What can I do if my appeal is dismissed?
The only recourse available to you if you wish to appeal against the decision of the Registration Appeals Committee is to appeal1 either to the County Court in England and Wales or, if you live in Scotland, to the Sheriff’s Court in whose Sheriffdom you live.
Restoring to the Register
If your appeal was dismissed and you do not appeal to the County Court or Court of Session, you will be removed from the Register. At this point in time (after the 28 day appeal period) you may make an application to restore to the Register. You can find details on how to restore your name to the register on our website. As part of your application, you will need to submit five years of verifiable CPD evidence, which will include verifiable CPD certificates, your CPD activity log and your PDP.
1 The Dentists Act 1984 (as amended) Schedule 4A (for DCPs) or Schedule 2A (for Dentists)