Topping up NHS charges with private fees

DDU statement on Appeal Court decision

Responding to the recent Court of Appeal judgement about the use of top up fees in NHS dental practice, John Makin, head of the DDU, said:

"This is a very complex case that has raised a number of issues. It has created uncertainty and we are now considering the implications of the judgment on behalf of our members.

"If dental regulation is to be fair, it needs to be consistent and dental professionals need and deserve clarity on the regulatory position. Following this judgment, we do not have that clarity. It necessary for the Department of Health and Social Care to provide urgent clarification on what the precise regulatory position is concerning top up fees.

"We have written to the government urging it, in collaboration with NHS England, to resolve this matter swiftly. Dental professionals deserve nothing less.

"We understand that dental professionals are currently in an uncertain position over the issue of top up fees. However, until further guidance is available, the DDU would suggest that practice owners and contract holders proceed cautiously before introducing any changes. Members are welcome to contact our expert dento-legal advisers for clarification on their individual circumstances."

This page was correct at publication on 12/05/2023. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.