Memorandum by Dr Amolak Singh (DS 35)
NHS DENTAL SERVICES
The Dental NHS began life in 1948. The system
was based on a fee for each item of treatment. There were over
400 items of treatment. It was free at the point of delivery.
Dental disease was rampant after the war years and the system
served the population well. Very soon patient charges were introduced.
These charges commenced at £1, increasing over the years
to a little under £400 just before the current new contract
(2006). At the same time there followed successive fee cuts. This
resulted in a treadmill system. The system was no longer fit for
the 21st century. Morale was at an all-time low early this century.
A new system had to be found. Consultations began for "Options
for Change". No change was no longer an option.
2. ECONOMIC DURESS
The consultation process was on "Options
for Change". All sorts of options were discussed. None of
the discussed options formed the basis of the current contract
which is based on "Units of Dental Activity" (UDAs).
The UDA contract was imposed without any meaningful consultation
or pilots. Dentists were given just days, less than a week, in
many cases. We were told "take it or leave it". Livelihoods
were at stake. Dentists signed under duress and over two thousand
signed with the words "under dispute". In law, to be
valid, a contract must be entered into without force, pressure
3. ATYPICAL YEARS
The contract value for a practitioner was based
on the gross earnings of the practitioner for the period 1 October
2004 to 30 September 2005. This is called the reference year.
Provisions were made in the contract for those general dental
practitioners (GDPs) who had an atypical reference year to make
representations to their Primary Care Trust (PCT) to have their
contract value amended where justified. Most PCTs refused to make
any amendments regardless of the evidence submitted on the grounds
that they had no funds. The PCTs willfully negated the very provisions
in the contract for those with an atypical year. They could, at
their will, thwart the intentions of the legislators. Complaints
of ultra vires action by the PCTS went unheeded. The Department
of Health was not interested, nor was the Secretary of State.
4. THE NHS LITIGATION
PCTs simply referred dentists to the NHS Litigation
Authority (LA). This body is an arm of the Department of Health
and cannot be seen to be an independent authority. There is a
conflict of interest. Hence it is not surprising that almost 99%
of the appeals were rejected. In my case, when I asked for reasons,
I was given a sharp rebuff and told in no uncertain terms that
I must not communicate with the LA and if unhappy with their decision
I could go for a judicial review (JR). I simply decided not to
fight the system but to increase my private work. The LA forgot
that the whole process was one of "dispute resolution".
In law, not giving reasons for a decision is tantamount to not
having any reasons to giveas if the decision is arbitrary!
5. RING FENCED
For the past few years PCTs have been receiving
additional money from the Department for two specific purposes.
The first sum is for Access, Quality and Choice (QCA). For 05/06
such a fund had a label attached to it, to specify how the sum
should be used. For 06/07 and for 07/08 it was ring fenced. In
spite of this PCTs have used this money to reduce their overspend.
When a complaint was made to the Department and to the Secretary
of State, no one appeared interested. A copy of the complaint
was also sent to the then Prime Minister. I specifically asked
the Secretary of State if her intention for the QCA funds was
for PCTs to reduce their overspend. She did not answer this question.
Her reply was non committal, ambiguous, incongruous and unintelligent.
The PCTs action was ultra vires. It was abuse of power. There
was no respect for the rule of law. Even the Health Ombudsman
appeared uninterested as if this did not constitute maladministration.
The second fund was called "Capital Funding".
Most PCTs paid this fund to GDPs, though not all PCTs did so.
Those who did not pass on this sum to GDPs have again abused their
Goodwill is an asset. Practice owners paid for
their goodwill when purchasing their practices. The law of the
land (Human Rights Act 1998) and the Convention on Human Rights
of which we are signatories since 1951, makes it clear that no
one should be deprived of his/her property without due compensation.
Yet clause 12 of the new contract says "the contractor shall
not give, sell or assign, or otherwise dispose . . .." Worse
still, GDPs who deleted this clause in the contract are told they
cannot do so. I ask, "are clauses deleted in the contract,
being forced on us?" Is this a contract of our free will?
The Secretary of State said that the new contract
would increase access, prevention and quality of treatment. The
reality is that the new contract is the biggest hindrance to access.
Those with very low contract values will not accept any patient,
new or existing, once they have achieved their contracted UDAs.
If they did, they will be passing on to their PCT the patient
charge revenue collected, and this will be deducted from their
contract value. In short such GDPs will have to fund patients
themselves. It is no different than the Government telling GDPs
that they should not take on more NHS work, even if they wished
to do so. This contract has stifled growth, obstructing access.
The system is seriously flawed and needs urgent review if access
is to be increased. Prevention cannot be achieved without UDAs
being allocated for prevention. Nor will quality improve as the
old treadmill has been substituted for a UDA treadmill.
8. BANDING OF
From over 400 items of treatment, each with
its own price and patient charge, Harry Cayton and his team have
so over simplified treatment bands and patient charges, that the
present system is unfair to both patients and dentists. Professor
Wade, the father of English Administrative Law, says that, "administrative
convenience and fairness can never be good friends". For
some patients the charges are now almost three times higher. This
itself is a deterrent to access.
PCTs are adding or amending contractual clauses.
Goalposts are changing. Greater regulation, greater burdens and
more monitoring has become the order of the day. Dentists have
always been asked do more and more for less and less. Some PCTs
are beginning to lower the UDA values of dentists, which means
that dentists have to again work on a conveyor belt system. Such
a state of affairs cannot continue. Such action is unacceptable,
unlawful and will never raise standards.
Dentists in the NHS feel frustrated. They feel
they are unable to provide standards of care that they were taught
and that which patients deserve. Some just cave under such pressure
and decide to go private, often for reasons that under a private
system they can provide higher standards and treat patients more
ethically, even if they earn less!
11. FAILED APPOINTMENTS
GDPs are self-employed. Before the new contract
they could charge patients for a failed appointment. The new rules
prohibit them from charging patients for failed appointments.
The Department goes on to broadcast this to patients in their
patient information booklets. The result is that patients now
can blatantly miss their appointments without fear of being charged.
This is irresponsible action from the Department. There are no
UDAs for failed appointments. I ask are GDPs self-employed or
are they employees of the Department or PCTs !
12. GDPS CANNOT
REFUSE NHS ACCEPTANCE
The contract forbids a dentist to refuse to
accept a patient on the NHS due to the status of the oral health
of the patient. This means that if a patient presents with loads
and loads of treatment needs, (several fillings, root fillings,
extractions, periodontal disease, crowns, and partial dentures)
the dentist is obliged to accept the patient. The dentist must
carry out all the treatment for a fixed maximum value (12UDAs),
even if it takes 10 visits, spans over a six-month period, or
his laboratory costs exceed what he is paid. I see this as onerous
since during the reference year a GDP could refuse to accept such
patients on the NHS.
PCTs can make clawbacks in cases where dentists
have not done the contracted amount of work. However, such clawbacks
have to be made by following certain set procedures. PCTs do not
follow such the procedures.
PCTs simply do not understand how discretion
must be exercised. They think discretion means they can do what
they like or as they deem fit. They do not take relevant facts
into account. They act in an arbitrary manner. Such behavior is
15. LONDON WEIGHTING
London is one of the most expensive cities to
work and live in. Almost everyone working in London receives a
London Weighting Allowance. The Review Body for Doctors and Dentists
Remuneration has expressed surprise that GDPs do not receive London
Weighting. The Department, in its response said that the contract
would be one based on local commissioning and such matters would
be addressed in the 2006 contract. Sadly, GDPs have once again
The new contract is riddled with unreasonable
and inequitable clauses. It is an obstacle to access quality and
prevention. It needs urgent changes.
Amolak Singh MBE
15 December 2007