Statement on GDC v Aga Judgment

The Court of Appeal has provided welcome clarity on the interpretation of how immediate orders and substantive sanctions interact under the Dentists Act 1984. 

The judgment confirmed that there is no basis for aggregating a substantive suspension direction and an immediate suspension order, and treating the aggregated period as if it had been passed as a single substantive suspension, describing them as “clearly different”.   

This judgment is in line with the longstanding existing interpretation of the legislation by the GDC, in common with other healthcare regulators with similar legislative provisions. 

Following the judgment in the High Court in this case, it was important to seek clarity on this point so that the regulatory framework, guidance and practice are unequivocally clear. The only way to achieve clarification was to appeal this case to the Court of Appeal.  

We have informed the Dental Professionals Hearings Service. The substantive sanction, immediate order and/or any directions are a matter for the independent Practice Committees to determine in each case as they consider appropriate. 

Read the judgment here.