GDC v Desmond D'mello: Caroline Surgey

This​ page will be updated regularly with details of the hearing

​Day one:

The Preliminary Stage was completed
  1. The Notice of hearing was put on record
  2. The registrants’ hearings were formally joined

Stage 1 (factual inquiry) began and is in progress
  1.  ​The GDC’s lawyer is presenting their case

Day two: 

Stage 1 (factual inquiry) is in progress

The GDC’s lawyer continues to present their case

Day three:

Stage 1 (factual inquiry) is completed 
The committee have adjourned to deliberate. 

Day fo
ur:

Stage 1 (factual inquiry)
The committee have given their determination

Stage 2 (impairment and sanction)
This is now in progress. The GDC's lawyer and Ms Surgey's lawyer are making their submissions.

Notes below explain each stage of the hearing
The Preliminary Stage 
In this stage: 
  • The notice of hearing which contains the charges which were sent to the registrants is either read out or agreed to go into the transcript of the hearing without being read out aloud
  • The registrants’ cases are joined together formally;
  • If either party does not attend, the Committee have to decide whether it is fair to go ahead with the case without the Registrant being present;
  • Any party can make applications to the Committee on the general law, in regards to the charges against them, make admissions to those charges or applications about matters of evidence. The Committee must then make decisions on those applications.
Stage 1 (factual inquiry) 

In this stage:
  • The GDC’s lawyer will present their evidence to the Committee – they usually go through all the evidence orally – the GDC’s witnesses will also give evidence, this includes expert witnesses (the registrants will have seen the evidence in advance);
  • The registrants are allowed to ask questions (cross examine) any witnesses who are called;
  • The registrants can then open their case – this can be with a submission of no case to answer (they are suggesting that the GDC does not have the evidence to prove the charges) or to present their evidence to the Committee. The registrant is allowed, but does not have to, give evidence. The GDC can ask questions of the registrant or their witnesses;
  • The registrant can only give evidence about the facts within the charges at this stage, any mitigation comes at a later stage;
  • The Committee ask everyone except the legal adviser and Committee secretary to leave (adjourn) so they can make their decision in private;
  • The Committee give their decision on the facts in public in the hearing.
Stage 2 (impairment and sanction) 
In this stage:
  • The GDC will tell the Committee about the registrants’ history, give reasons why they think there is impairment in this case and suggest what action should be taken;
  • The GDC will refer to the GDC’s guidance;
  • The registrants may make submissions on their history, impairment, any action that should be taken and reasons for mitigation may be given here.
Determination 
  • The Committee will deliberate in private and then read out their determination in public in the hearing giving reasons for their decision.
  • If the Committee find impairment and impose conditions, suspension or erasure, then a decision on whether to impose an order which takes effect immediately will be taken.

3 August 2016

T
he General Dental Council’s Professional Conduct Committee’s (PCC) hearing concerning the Fitness to Practise of Nottinghamshire dentist Desmond D’Mello and dental nurse Caroline Surgey is due to start on 8 August 2016.

The charges in full against Mr D’Mello allege that in June 2014, he failed to maintain adequate infection control by not wearing gloves, failing to change gloves between patients and other related hygiene issues.

It is also alleged that Mr D’Mello managed patients in an inadequate manner, including the way in which he issued prescriptions.

Ms Surgey is also facing charges relating to infection control. You can see the full list of her charges on our website.

The hearing will take place at EtC venues, Bishopsgate Court, 4-12 Norton Folgate, London E1 6DQ. The hearing will begin at 10am each day unless otherwise stated. The case is expected to conclude by 2 September 2016.

As the result of an Order made by the PCC on 26 July 2016, the identities of two of the witnesses in these proceedings will not be revealed during the course of the hearing of this case. The order which the PCC made is as follows:

1. The identities of Witness 1 and Witness 2 shall not be revealed: either by the public provision of names or other details, or in any other way; and,
2. The oral evidence of Witness 1 and Witness 2 may be given remotely, via video or Skype.

During the hearing, the GDC will provide journalists with information about which stage the hearing is at; including regular updates to a designated webpage​, but is unable to comment on the proceedings until they are concluded.

The media can attend the public hearing. Part of the hearing may be conducted in private to protect patient confidentiality or the identity of witnesses. As a courtesy, please contact the press office on 020 7167 6330 or [email protected] on the days you are planning to attend.

Ends

For media enquiries, please contact the press office on 020 7167 6330 or [email protected]

Notes to editors

The order applies to members of the media, those involved in the hearing and anyone else attending 
Mr D’Mello was suspended from the GDC’s list of registered dental professionals on 21 August 2014. This suspension was imposed by the Interim Orders Committee (IOC) who monitor risk and do not make factual determinations. The suspension was originally imposed for the maximum term of 18 months. 
The GDC applied to the High Court for an extension of the order on 26 February 2016 to maintain patient safety and public protection whilst Mr D’Mello’s case is ongoing. The Interim Order was extended for a further eight months until 26 October 2016.
The suspension must be reviewed regularly by the IOC while Mr D’Mello awaits his hearing.
Ms Surgey is also subject to an interim suspension order which has also been extended by the High Court pending the hearing.
The Professional Conduct Committee considers allegations of misconduct and whether the allegations affect that individual’s fitness to practise dentistry. If they find that an individual’s fitness to practise is impaired, the Professional Conduct Committee has a range of sanctions that it may impose, ranging from issuing a reprimand to removal of the individual from the GDC’s register of dental professionals.

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