Dental care professionals who qualified overseas
According to the GDC's Registration Statistical Report for 2024, there were 1,402 newly registered dental therapists, and 921 newly registered dental hygienists in 2024. The total number of registered dental therapists rose by 23.5%, while the number of registered dental hygienists increased by 9.6%.
The number of hygienists and therapists qualified outside the UK is not explicitly stated in the report, but it does mention that a significant number of dentists who qualified outside the UK have registered as dental care professionals according to the GDC.
The registration requirements for these DCPs is outlined by Section 36C of the Dentists Act 1984. The GDC formally ended the Section 36C route with effect March 2024, but there was a significant backlog of applications submitted before the deadline.
The DDU has seen a significant increase in the number of cases involving overseas dental graduates working as dental therapists or dental hygienists. There is a very limited formal training requirement and variable support available to either group when joining the UK dental workforce, and many of the issues our members from this group face appear to relate to a lack of understanding of UK regulatory standards, or misunderstandings within the practice team about scope of practice.
Scope of practice
The GDC expects dental professionals to only undertake decisions, tasks or treatments that fall within their scope of practice.
Our advice to all registrants is that irrespective of the qualification you may hold, you should make sure you are working within, and are fully familiar with, the scope of practice guidance for the registrant category with which you are GDC-registered.
When you are deciding if you can carry out a particular activity, it's important to be aware that there are certain tasks, or treatments that are reserved for specific registrant groups, and may therefore fall outside your scope of practice.
If you're uncertain, we can offer members advice on the GDC's scope of practice. In our experience, it can also be beneficial for the wider practice team to have a good knowledge of the limits of an individual's scope of practice.
This can help to ensure that every member of the team is fully supported in their role, and where necessary, there are pathways in place for patients to be referred to a colleague whose scope of practice encompasses the activity or treatment required.
Even if the harm is minimal and easily rectified, patients have a right to know. An apology is not an admission of guilt or negligence, but rather a reflection of a clinician's professionalism.
Risk mitigation and dento-legal advice
Duty of candour
Dental professionals have a clear ethical and professional duty to be open and honest with patients when things go wrong, and the GDC expects registrants to exercise the duty of candour even when harm is minor. When a patient suffers a simple soft tissue injury, such as a cut lip, or damage to an existing filling during treatment, it is important to acknowledge this promptly.
The clinician should explain what has happened in clear, non-technical language, apologise sincerely, and reassure the patient about any necessary remedial care. Even if the harm is minimal and easily rectified, patients have a right to know. An apology is not an admission of guilt or negligence, but rather a reflection of a clinician's professionalism.
A record of the discussion should be made in the clinical notes, including the explanation that was given, the patient's response, and any follow-up actions agreed. In some cases, the patient may require additional treatment to repair the damage at no further cost, which should also be documented.
By exercising the duty of candour appropriately, dental professionals can maintain trust, strengthen patient relationships, and demonstrate compliance with regulatory and ethical obligations. Being open and dealing with concerns early can also help reduce the likelihood of the patient escalating their dissatisfaction into a complaint or claim.
Overview of claims types, numbers and critical factors
- 40% of the claims notified to the DDU involving hygienists and therapists involved some form of iatrogenic injury, either to the soft tissues, an existing restoration, or another tooth.
- 8% involved wrong tooth extractions, often a misidentification of a permanent tooth as a deciduous tooth.
- 16% related to caries diagnosis or treatment, with themes around misdiagnosis of radiographic artefacts, or overprescribing treatment of early lesions.
- 27% related to periodontal management (see our previous article on learning lessons from a perio claims analysis).
The individual professional duty of candour complements the statutory duty of candour that applies to dental practices in each of the UK four nations. At the practice level, the statutory duty requires the organisation to ensure systems are in place for notifiable incidents.
Not all incidents meet the statutory threshold for notification, but fostering a culture of openness at all levels reinforces compliance and helps the team to act promptly and consistently should a more serious incident occur.
Effective complaint handling
If a patient does go on to make a complaint, effective handling can be the key to preventing further escalation. Complaints should be acknowledged promptly, investigated thoroughly, and responded to in line with the practice complaints policy.
Providing a clear explanation of what happened, an appropriate apology, and details of any remedial steps or lessons learned, can help reassure the patient their concerns are being taken seriously. Good communication and a willingness to resolve matters can often restore trust and avoid the need for the patient to pursue legal action or involve third parties such as the GDC.
Summary and key learning points
- Make sure you are working within your knowledge, competence and in line with the scope of practice for your GDC registrant group.
- Have a pathway in place to allow you to refer a patient on to colleagues for any aspects of their dental care that may fall outside of your own ability or scope of practice.
- If an incident occurs, make sure it is appropriately managed, and that you are acting in accordance with your professional duty of candour.
- In the event of an incident, a patient complaint or if a patient indicates they are seeking compensation, contact us for assistance as early as possible. The sooner we're involved, the sooner we can help.
Case study
A DDU hygienist member contacted our advice line after providing a patient with an ultrasonic scaling.
During the procedure, the member noticed that a small piece of composite material had become completely dislodged, and the fragment had subsequently been detected within the aspirator tube. The hygienist identified the lost filling had originated from a buccal cavity on one of the patient's upper central incisors.
The DDU adviser recommended the hygienist offer the patient an apology, and to ensure she had been entirely honest with the patient about the incident. She was also advised to fully document the incident and her discussion with the patient.
In accordance with the hygienist's professional duty of candour, the adviser discussed the possibility of making arrangements for the patient to receive an appropriate remedy. This could include asking one of the dentists at the practice to arrange to see the patient and to provide treatment to replace the lost filling .
The hygienist was also advised to make sure she had followed the practice's protocol for reporting an adverse incident, and taken steps to notify the relevant person at the practice.
This case study is fictional but based on real-life DDU members' cases.
Alison Large
Alison Large graduated from Newcastle Dental School in 1999. After qualification she worked in general practice for over 10 years, initially in the north east of England before relocating to Oxfordshire. She gained an MFGDP(UK) diploma in 2007, has been a vocational trainer and has also provided mentoring. She joined the DDU in 2008 and currently combines her dento-legal adviser role with looking after her young family.
See more by Alison Large
Simon Kidd
Dento-legal adviser
Simon Kidd
Dento-legal adviser
BDS Dip.MJDF MFDS MCGDent LLM DLM
Simon gained his BDS in 2007 at the University of Glasgow and worked as a general dental practitioner in Scotland for 17 years. He attained the MJDF in 2010 and went on to gain a Master's Degree (LLM) in Healthcare Law and Ethics in 2020. Simon was a vocational trainer for many years and represented dentists on advisory groups and committees including the LDC. He now works full-time for the DDU as a dento-legal adviser.
See more by Simon Kidd