General Dental Council v Harper

An interim suspension order in professional disciplinary proceedings may be extended where the regulatory process has not yet concluded. The court should ensure that the extension is tied to the progress of the proceedings and should avoid unnecessary delay or repeated applications. Although the court has power to grant an extension of up to twelve months, the period granted should reflect the practical need to complete the outstanding disciplinary stages.

The General Dental Council applied to extend an interim suspension order concerning Simone Harper. The respondent had been served with the application and informed the court that she would not attend or be represented.

The disciplinary committee had determined the facts but had not yet determined whether they amounted to misconduct or imposed any sanction. A hearing was scheduled for 4 May. The Council sought a six-month extension to allow for possible unforeseen difficulties in completing the process.

1. Application granted. The court extended the interim suspension order for six months and signed the draft order.
2. The court was concerned that regulatory proceedings should not drag on and that applications for extensions should not repeatedly return to the High Court. Any extension should therefore be connected to arrangements for bringing the disciplinary proceedings to an end.
3. The court accepted that the disciplinary committee was convened to continue the matter on 4 May and that the same committee could complete the proceedings. The remaining stages were the determination of misconduct and, if necessary, sanction.
4. The respondent had proper notice of the hearing and had chosen not to attend. The extension was granted for the period sought, allowing for unforeseen problems such as the ill-health of a committee member.