Preparing for the appeal
Who do I deal with at the GDC?
The Dental Professionals Hearings Service administers all hearings and appeals. Once you have submitted your notice of appeal, you will generally only deal with staff from the Hearings Service. Its role is neutral in that it does not represent you or the GDC, its job is to organise and oversee the appeal process. Staff from the Hearings Service cannot answer specific queries relating to CPD requirements but will act as a central contact for any queries you may have on how the appeals process works.
The Chief Executive of the GDC is also the Registrar. They make all decisions about whether to register someone or to erase a person from the register. They will therefore be known in the hearing process as the respondent to a GDC appeal. At an appeal hearing he will be represented by the GDC’s In- house Legal Advisory Service (see below).
The GDC’s Customer Service Operations Team processes some registration matters on behalf of the GDC’s Registrar. In your case they have assessed the CPD information you have submitted and have written to you on behalf of the Registrar informing you that you have failed to meet the CPD requirements set out in law.
What happens once my Notice of Appeal is received and accepted?
The Hearings Service will ask you whether you want your appeal to be heard at an oral hearing, where you and the Registrar’s representative are present, or whether you are happy for the panel to decide your appeal using the documentary evidence provided by you and the GDC. (This is known as “on the papers”.) Either party, you or the GDC, has the right to request an oral hearing, although the GDC will usually ask for a CPD appeal to be heard on the papers. The Registration Appeals Committee can also decide that the case should be heard at an oral hearing. If so, they will ask the Dental Professional Hearings Service to list the case accordingly.
What do I need to do if I want an oral hearing?
As stated above, the Hearings Service will write to you asking whether you want an oral hearing. If you do, there is a time limit of 28 days, which starts from the date that this letter is sent, in which you must write to the Hearings department to ask for an oral hearing. If you do not do so, a decision will be made about the hearing without your input.
If you do ask for a hearing within the time limit, the Hearings Service will consult you to find a hearing date that is convenient for all parties. When a suitable date is found, a letter called a ‘convening notice’ will be sent to you, confirming the date, time and place of your appeal.
What if I don’t want an oral hearing?
If you do not request an oral hearing, and the Registrar agrees it is not necessary to hold one, then your appeal can go ahead without a hearing. Your appeal will be decided by the Committee and neither you nor a representative of the GDC will attend. The Committee will make a decision on the basis of the documentary evidence (i.e. the papers submitted), taking into account any advice given by the legal adviser.
Registration appeal documents
When a date for your appeal has been fixed, the Hearings Service will send you a case summary, which outlines the relevant law. At the same time, you will be sent a ‘bundle’. This contains all the documents relevant to your appeal, including any documents that you have previously sent to the GDC in connection with your CPD cycle. A copy of the bundle is also sent to everyone else involved in your appeal, including the Committee members who will decide your appeal. You will receive this no later than two weeks before the hearing date.
Can I submit more papers?
After receiving the GDC’s bundle of documentation, you can submit any other documents that you think will help your case, but we ask that you do so no later than a week before the hearing. These should be sent to the Hearings Service.
Who will be present at my appeal?
As well as the members of the Committee, there will be an independent legal adviser to advise the Committee on the law and on the rules covering these appeals. These rules are set out in a document called “The General Dental Council (Registration Appeals) Rules Order of Council 2006” which was sent to you along with this guide. The Legal Adviser gives advice but otherwise plays no part in the decision-making process.
A Committee Secretary (a member of the Dental Professionals Hearings Service team) sits with the Committee to help the smooth running of the appeal hearing. The Committee Secretary is not part of the Registration Appeals Committee and their role is to facilitate the Committee’s decision making.
Can I be represented at an appeal?
Yes, you have the right to present your own case or to ask someone to present your case for you, or alongside you. This might be a lawyer or a professional colleague, any officer or member of an organisation of which you are a member, or a member of your family. If you have a representative, he/she would be expected to present your case on your behalf.