Column
GDC dispatches Improving the system
with Ian Jackson
Director for Scotland at the GDC, Ian Jackson, explains some key changes in the Fitness to Practise process
D
ealing with allegations that a registrant is not fit to practise is paramount to our role in protecting patients and is also the most expensive area
of our work. Our Fitness to Practise (FtP) process ensures that those registrants who are not fit to practise are either restricted or prevented from working. The number of incoming cases handled
by our FtP teams has risen dramatically over the past few years and we are predicting that, by the end of this year, we will have handled over ıı0 per cent more cases than we did in 20ıı. To ensure that our FtP process is as
efficient and effective as possible, we have been running a rolling programme of improvement projects through the FtP Review Board since 20ıı. Phase three of that work came to an end in April 20ı4. One of the principal projects initiated during this phase was the Practice Committee Procedure and Case Manage- ment (PCPCM) project. In short, this is a project in three parts which seeks to introduce some of the most effective elements of both the court and other regulatory processes into the final stage of our FtP process.
“The first part of the PCPCM project went live on 1 July” By ‘final stage’ we mean the stage of
our FtP process where the Investigating Committee has decided to refer a registrant to a hearing before one of our Practice Committees (Conduct, Performance or Health). Although there is only a relatively small number of cases at this stage of our FtP process in comparison to the level of
complaints we receive into the organisation, it accounts for around 75 per cent of our total FtP budget. The average length of a hearing is
around four days, although some can last up to three weeks or even longer. The primary aim of the PCPCM project is to make substantial cost savings through, for example, reducing the average length of hearings and the number of lost or wasted sitting days at the Practice Committee stage. The first part of the PCPCM project
went live on ı July 20ı4 for a pilot period of ı2 months and sees the introduction of three principal changes into our Practice Committee process: • Improved case management procedures, including the introduction of Standard Directions which set out specific time- frames for disclosing documents and sending bundles to the panel and also specific directions for managing experts’ meetings in advance of the hearing;
• Advance disclosure of bundles to panellists – at the moment panellists are not provided with any details about the case before the hearing (with limited exceptions);
• Taking witness statements as evidence in chief – this means the panel will read the majority of witness statements in advance rather than taking the witness through a statement in full at the hearing. Of course, unless the evidence is not in dispute, witnesses will still be cross examined on the day.
Although we have made a number of
improvements to our FtP process, we are restricted by our current legislative framework. While we remain disappointed that the draft Law Commission Bill wasn’t included in the Queen’s Speech in June, we’re pleased that the Department of Health has recognised the need for urgent change to our FtP processes with the announcement of its intention to publish a Section 60 Order, which will be laid before the UK and Scottish Parliaments. By means of this, we’ll be able to amend
our current legislation to allow us to introduce a key change – case examiners – aimed at improving the speed of deci- sion making in the interests of patient protection and reducing costs. It is expected that the Order will be in place by May 20ı5.
Scottish Dental magazine 23
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