AC-2023-LON-002171 - [2024] EWHC 132 (Admin)

The PCC had a witness statement from the Appellant dated 16 October 2020. The GDC provided: a first statement from Mr Lee dated 12 November 2020 (“Lee 1”) and his further statement served on 31 May 2022 (“Lee 2”); a statement dated 13 November 2019 from Hayley Turner, a Dental Case Manager for Professional Standards at NHS England and NHS Improvement (“Turner 1”); a statement dated 19 November 2020 from Alison Jill Graham a Dental Commissioning Manager at NHS England and NHS Improvement (“Graham 1”); and statements from Patient A and Patient 13. I refer to the contents of Mr Lee’s statements from para 38 below.

In Turner 1, Ms Turner set out the UDA allocation for each of the relevant years in relation to the Peacehaven and the Hove dental practices and the extent to which these thresholds had been met. In relation to Peacehaven there was a shortfall each year, ranging between 76.54% of the UDA allocation being attained in 2015/2016, to achieving 95.03% of the allocation in 2016/2017 (the first year that Dr Imani could top up with the sub-contracted units from Hove). In relation to Hove, the assigned UDA level was met in most years, although 93.73% was reached in 2014/2015 and 97.53% in 2013/2014.

Graham 1 addressed whether a Dental Provider can claim in the first year, on the basis of incomplete treatment, for a course of treatment started in that financial year but completed in the subsequent year. Ms Graham said that if the treatment cannot be completed within the financial year (by 31 March), the Provider would be expected to continue providing that course of treatment and to submit the claim upon its completion. By contrast, an incomplete claim should be submitted when the course of treatment cannot be completed. Ms Graham also said that, given the lapse of time, she could not recall having a conversation with Dr Imani in around 2014 on how to submit claims, but she “would not have advised any NHS Dental Provider that a course of treatment started in one financial year could not be carried forward (completed) in the next financial year, or that they should submit incomplete treatment submissions on the basis of the financial year”.

The PCC was provided with dental records for the relevant patients and Treatment Reports from BSA. As I detail from para 38 below, the FP17 forms submitted by the Appellant were no longer available. In terms of expert evidence, the GDC relied upon three expert reports: Dr Scott’s report dated 11 November 2019 in relation to the probity allegations; Dr Vasiliki Karpeta’s report dated 14 November 2019 in relation to the availability of NHS treatments; and Dr Stuart Ellis’ reports dated 1 November 2018 and 12 November 2019 in respect of clinical care and record keeping. Dr Imani relied upon an expert report dated 16 October 2020 prepared by Dr Abhijit Pal, which responded to each of the GDC’s reports. The PCC also received joint expert reports: from Dr Scott and Dr Paul dated 25 and 26 November 2020; from Dr Pal and Dr Karpeta dated 28 November 2020; and from Dr Pal and Dr Ellis dated 28 November 2020.

The PCC heard oral evidence from the majority of these witnesses including from Mr Lee, Ms Graham, Dr Scott, Dr Pal and Dr Imani. I have been provided with transcripts of the evidence given by these witnesses, which I have read, in addition to considering their witness statements and their reports.