Lucy Williams provided three patients with a crown on the NHS and a ceramic crown for an additional private top-up fee of between £35 and £65. The professional conduct committee held the dentist acted in breach of regulations, was dishonest in so doing, and struck her off the register.
In General Dental Council v Williams [2023] EWCA Civ 481, however, the Court of Appeal held the NHS Contracts Regulations do not prevent dentists from charging a top-up fee to provide a better looking crown. Moreover, the court held the finding of dishonesty should never have been made.
Tania Francis, partner at Hempsons, which acted for Williams, said: ‘Of importance to the profession, the Court of Appeal found that these top-up fees are allowed by the regulations and indeed are much closer to the spirit of NHS dentistry than the [General Dental Council]’s interpretation.’
