Key Facts
- •Dr. Manan was erased from the General Dental Council (GDC) register after a Professional Conduct Committee found him guilty of misconduct and impairment.
- •The misconduct stemmed from clinical failings in treating Patient A, including an unfilled root canal, a fractured instrument left in the canal, and inadequate record-keeping.
- •Dr. Manan also faced accusations of unprofessional conduct, including failing to inform Patient A about the fractured instrument, attempting to influence her complaint, and providing incomplete records to the GDC.
- •Crucially, while the interim suspension order was in place, Dr. Manan was convicted of eight criminal offenses for continuing to practice dentistry.
- •Dr. Manan appealed the erasure sanction, arguing the convictions were improperly considered and that the sanction was disproportionate.
Legal Principles
The overarching objective of the GDC is the protection of the public.
Dentists Act 1984, section 1(1ZA)
Appeals against GDC decisions are by way of rehearing and the court must decide whether the decision was wrong or unjust due to serious procedural irregularity.
Section 29 of the Dentists Act 1984 and CPR 52.21(3)
The court considers whether the sanction imposed by the GDC was appropriate and necessary in the public interest, or excessive and disproportionate.
Sastry v General Medical Council [2021] EWCA Civ 623
A certified record of conviction is conclusive proof of the conviction and the facts upon which it is based are admissible.
General Dental Council (Fitness to Practise) Rules 2006, rule 57
Outcomes
Appeal dismissed.
The court upheld the GDC's decision to erase Dr. Manan from the register, emphasizing the seriousness of his multiple breaches of an interim suspension order while facing GDC proceedings. The court found the convictions demonstrated a fundamental lack of trust in Dr. Manan's ability to comply with any restrictions on his practice, making erasure the only appropriate sanction to protect the public and maintain confidence in the profession.