GDC Appeals Against ICO Demand

GDC Appeals Against ICO Demand

The General Dental Council has decided to appeal against a demand from the Information Commissioner, to reveal the contents of an email relating to the regulator’s decision to make controversial top-up furlough payments to its staff.

The decision by the regulator to top-up the furlough payments of some the GDC’s staff was met with outrage by dental professionals who were struggling financially during the dental shutdown in 2020.

The Information Commissioner’s Office (ICO) had instructed the GDC to disclose a copy of an email sent by the GDC Chair Dr Bill Moyes to colleagues on 27th April 2020. 

A failure by the regulator to comply with the ICO office’s decision notice, would have enabled the Information Commissioner, Elizabeth Denham, to make written certification of the fact to the High Court, which could subsequently have been dealt with as contempt of court.

The decision by the ICO’s office followed hard work by Leeds dentist Dominic O’Hooley, who had been attempting to get straight answers out of the GDC since the late Spring of 2020 with Freedom of Information requests.

Dr O’Hooley complained to the ICO’s office in August 2020 about the regulator’s handling of his request for further information on the GDC’s controversial decision.

During the dental shutdown, there had been much support from dental professionals for either a reduction in the ARF or the introduction of an emergency Payment by Instalment (PBI) scheme.

The GDC failed to countenance either option at a time when many dental professionals were struggling financially. The GDC finally approved a PBI scheme in May of this year, despite there being no significant change in the GDC’s financial circumstances.

Dr Moyes had indicated in 2020 that the GDC’s legal regulatory obligations and uncertain financial situation prevented action on reducing the Annual Retention Fee or introducing a PBI scheme.

But GDPUK has been told by a GDC spokesperson that the regulator has decided to appeal the ICO’s decision notice.

The GDC representative told a GDPUK reporter “The ICO decision raises important issues. We have therefore appealed the decision and requested a hearing.”

The GDC will appeal against the ICO’s decision notice through the HM Courts and Tribunals Service.

The General Dental Council in its recent response to the consultation on regulatory reform expressed its backing for ‘transparency’ in the processes carried out by health regulators.

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Michael Goodchild
Transparency
So they are using more money- that we as a profession have paid- to conceal emails which how they have used our money.
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