NHS ScotlandDental Protection has won its Judicial Review against NHS Scotland over the recovery of alleged overpayments.

Practitioner Services of NHS National Services Scotland found that due to insufficient detail within a dentist’s records, the claims they made couldn’t be supported.

Despite the practitioner voluntarily offering to repay over £10,000 after admitting the detail in their records wasn’t sufficient, Practitioner Services continued to try and recover over £71,000 in payments.

‘In this case, Practitioner Services were found to have misapplied the regulations and acted unfairly and irrationally,’ Helen Kaney, head of dental services, Scotland at Dental Protection, said.

‘It is important that payment verification processes are now reviewed to ensure they are fair and that, in future, Practitioners Services acts in accordance with the law when attempting to recover overpayments.

‘Dental Protection would urge all dentists to ensure their records are sufficiently detailed in order to justify any claims made to Practitioner Services.’

‘Irrational and unfair’

In the end the Court decided to criticise the actions of Practitioner Services for disregarding the practitioners own review.

It also accused Practitioner Services of acting ‘patently irrational and unfair’ and the decision to act as it did was a ‘material error of law’.

The sum of £48,000 was recovered before the matter came to the attention of the Court.

‘Dental Protection strives to look after the interests of our members and this Judicial Review is an excellent example of that,’ Raj Rattan, dental director at Dental Protection, added.

‘We will defend our members as robustly as possible to ensure that our members are not subject to unfair practices by the agencies they are accountable to.

‘The outcome of this decision will benefit not just our members, but the wider dental profession.’