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Struck-off dentist wins High Court appeal, given “reprimand”

22 June 2015

Struck-off dentist wins High Court appeal, given “reprimand”

Omar Narayan was struck off following a hearing with the GDC’s Professional Conduct Committee (PCC) in April 2014. Mr Narayan was neither present nor represented at the hearing.

In their determination, the Committee stated: “The Committee is satisfied that Mr Narayan’s dishonest conduct is so serious that it is fundamentally incompatible with him remaining on the Dentists Register. For these reasons, the Committee has determined that the only appropriate and proportionate sanction to protect patients and maintain public confidence in the dental profession, is to erase the name of Omar Narayan from the Dentists Register.”

Mr Narayan, however, appealed this decision and, on 10 February 2015, the High Court quashed the GDC’s decision and remitted the case back to the PCC for reconsideration of sanction. In their latest determination, from a hearing on 15 June 2015, the GDC has decided to allow Mr Narayan to practise dentistry again, with a reprimand concerning his future conduct. Crucially, his successful appeal was based on the decision to erase him being taken in his absence.

Despite behaviour which they described as “misleading and dishonest”, the GDC acknowledged the decision of the court to reconsider sanction. They said: “The Committee has seen the Joint Note of argument for the parties regarding your appeal in which it was accepted that fairness required the reconsideration of the decision on sanction in a manner which allowed you present your arguments in mitigation.”

In presenting his case, Mr Narayan provided a body of evidence that showed that he had remedied the “failings” that the GDC had found “proven” in the 2014 hearing. Highlighting that his altering of records was “an isolated incident”, that it “was not deliberate”, done under “duress” and that Mr Narayan had shown “genuinely expressed remorse”, the GDC chose not to impose a suspension or erasure.

They concluded: “In the circumstances, the Committee considers that a reprimand is a proportionate sanction and is sufficient to satisfy the public interest… Any repetition of such conduct would have serious consequences.”

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