Davey v General Dental Council

Davey v General Dental Council

The PCC correctly applied the stepwise approach to sanctions, considered all relevant factors and alternatives, and imposed a proportionate sanction of 12 months suspension given the seriousness of the misconduct and the need to uphold public confidence; the appeal is dismissed.

Parties
Claimant: Jonathan Davey; Defendant: General Dental Council
Jurisdiction
England and Wales
Judgment Date
09 December 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Sanctions, Dishonesty, Fitness to Practise, Scope of Practice, Procedural Guidance
Professional Regulation Administrative Law Sanctions Dishonesty Fitness to Practise Scope of Practice Procedural Guidance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jonathan Davey

Claimant

General Dental Council

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the PCC erred in law by considering erasure as the default sanction for dishonesty
  2. 2 Whether the PCC failed to apply the stepwise approach to sanctions
  3. 3 Whether the PCC failed to consider alternatives to 12 months suspension

Ratio Decidendi

The PCC correctly applied the stepwise approach to sanctions, considered all relevant factors and alternatives, and imposed a proportionate sanction of 12 months suspension given the seriousness of the misconduct and the need to uphold public confidence; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The decision of the PCC to suspend the appellant from the dental care professionals register for twelve months is upheld.