The GDC had denied a dental practitioner his right of review of an unpublished warning issued by the Investigating Committee under its new power under s.27(A)11 Dentists Act 1984 which came into force on 13th April 2016 on the basis that that section had no retrospective effect.
The new section simply stated that a decision to issue a warning could be reviewed provided an application was issued within two years of the date of the warning.
The dentist argued that this meant that any warning issued from April 14 2014 onwards (i.e. before the section came into force), was open to review under the new power provided the application was made within two years of the date of the warning. The Court agreed.
The GDC’s decision and the provision of the Guidance that precluded consideration of pre-April 2013 warnings were quashed by Mrs Justice May.