Bamgbelu v General Dental Council (2013) QBD (Admin) (Judge Allan Gore QC)
The Professional Conduct Committee of the General Dental Council had previously found that B had provided inadequate clinical treatment, that there were unsafe and unhygienic practice conditions at
The Professional Conduct Committee of the General Dental Council had previously found that B had provided inadequate clinical treatment, that there were unsafe and unhygienic practice conditions at his surgery, and that he was guilty of dishonest, misleading and unprofessional conduct. His fitness to practise was found to be impaired and it was determined that his registration should be subject to conditions for a period of 12 months. The requirements included that he be supervised and that he participate in an appropriate support group.
At a review hearing, the committee found that B had practised for some time without a supervisor. As a result, they only had limited evidence of his practice. B had also only begun attending support group meetings shortly before the review hearing. It was decided it was proportionate and sufficient to extend the supervision condition for a further 9 months. B appealed against the extension.
The High Court dismissed B's appeal, holding that the court must be slow to interfere with the specialist decision-making body's decision as to the proper sanction and should only do so where the decision is clearly inappropriate.
In addition, the Court held (applying Abrahaem v General Medical Council EWHC 183 (Admin)) that the burden was on B to demonstrate that he had sufficiently addressed the concerns that the Committee had when finding that his fitness to practise was impaired. As a result of the limited supervision, the evidence before the Committee of B's practice was limited. He could not discharge the burden and demonstrate that he had addressed the Committee's concerns.
At a review hearing, the committee found that B had practised for some time without a supervisor. As a result, they only had limited evidence of his practice. B had also only begun attending support group meetings shortly before the review hearing. It was decided it was proportionate and sufficient to extend the supervision condition for a further 9 months. B appealed against the extension.
The High Court dismissed B's appeal, holding that the court must be slow to interfere with the specialist decision-making body's decision as to the proper sanction and should only do so where the decision is clearly inappropriate.
In addition, the Court held (applying Abrahaem v General Medical Council EWHC 183 (Admin)) that the burden was on B to demonstrate that he had sufficiently addressed the concerns that the Committee had when finding that his fitness to practise was impaired. As a result of the limited supervision, the evidence before the Committee of B's practice was limited. He could not discharge the burden and demonstrate that he had addressed the Committee's concerns.