GDC’s consultation on controversial ARF increase deemed unlawful

The General Dental Council (GDC) has been found to have acted unlawfully in its recent consultation on its planned annual retention fee (ARF) increase.

Following a judicial review initiated by the British Dental Association (BDA), Mr Justice Cranston found procedural errors in the consultation process, specifically that the regulator needed to provide more information to explain its projections for fitness to practise hearings.

However, the judge declined to reverse the 15 million pound fee increase due to fears of causing "administrative chaos". The GDC has welcomed this, as well as the judge's acknowledgement of its efforts to be transparent.

Conversely, the BDA said the verdict is evidence of the GDC's systemic failings, while criticising the fact that the widely-opposed fee increase will go ahead as planned. It is now writing to the Department of Health to escalate its concerns further.

Mick Armstrong, chair of the BDA, said: "This case has revealed that a regulator, unaccountable to government, can be found to have acted unlawfully but still walk away with its ill-gotten gains. We are now looking to the government to act."