DDU Appoints Regulatory Law Specialist as GDC Considers Improved Indemnity Guidance
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- Published: Wednesday, 19 April 2023 09:27
- Written by Peter Ingle
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The Dental Defence Union (DDU) has appointed a solicitor specialising in regulatory and criminal legal proceedings as its new head of legal services. Nick Tennant has been promoted to the role after 15 years working as a solicitor in the defence organisation’s in-house legal team. He will oversee the work of an expert team of 24 solicitors, three paralegals and support staff.
At the same time figures released by the DDU show the anything but level playing field registrants face if they are subject to a GDC investigation. Members will be pleased to see that compared to the overall figures for all of those investigated, that as a group they are more likely to experience a favourable outcome.
The DDU’s in-house legal department supports dentists and other healthcare professionals facing challenges such as negligence claims, GDC investigations, criminal investigations and inquests. The team has gone from strength to strength since it was first established thirty years ago, reflecting the changing risks that registrants face.
Nick Tennant takes over from Joanne Bateman, who has recently retired after more than seven years in the job. He commented: “We work closely with the DDU’s dentolegal advisers to secure the best outcomes for our members and understand that, at this time of heightened pressure in healthcare, our members are under incredible strain when they come to us for support.”
He added that the results obtained in supporting members with GDC investigations were evidence of the uncompromising defence DDU provided. In 2022, their in-house team resolved almost 80% of cases without referral to a Practice Committee, where they represented members at the case examiner stage. Of those that proceeded to a Practice Committee, there was no finding of impairment against members in 50% of cases.
It may that be those groups experiencing higher rates of referral to Practice Committees and receiving findings of impairment, reflect the varying representation that different indemnity arrangements provide. This is something that the GDC, even if somewhat belatedly, are now considering. They have opened a consultation on changes to their guidance on indemnity cover, a key part of which will be to encourage registrants to consider the varying options open to them. A checklist will be provided which should not only help registrants ensure that patients are protected, but also encourage them to consider the support that they can expect if difficulties arise.
The possible arrangements include the different types of personal cover, and employer based schemes and NHS or ‘Crown’ indemnity. It is intended that the improved guidance will encourage registrants to seek cover for any aspect of their practice that is currently not covered.
John Makin, head of the DDU said: “We know from our own research that more than eight in ten dental professionals say workplace pressures have increased over the last year. The latest NHS staff survey results also show high levels of burnout with staff feeling stressed and demoralised. If you then throw a dentolegal investigation into the mix, it can be truly devastating for dental professionals. That’s why the work of our in-house legal team is so crucial at supporting members and ensuring they get a fair hearing.
John Makin’s concluding observation was that, “I am confident that Nick and the team will continue to successfully guide, support and defend members with the myriad of dentolegal investigations encountered during their careers.”
Those members of the Health Select Committee pondering workforce issues, might ask themselves just how many smart young people will want to choose a career that promises a “myriad of dentolegal investigations.”
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