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The Case Examiners considered an allegation that the Registrant was convicted on 3 March 2023 at Birmingham & Solihull Magistrates Court of Driving a Motor Vehicle with Excess Alcohol on 09/08/2022, contrary to s.5 (1)(a) of the Road Traffic Act 1988 s.5 (1)(a). The Case Examiners were satisfied that there was a real prospect of this factual allegation being found proved and there was a real prospect of the statutory ground of conviction being established by a Practice Committee. They also determined that due to the nature of the conviction, and the low likelihood of repetition of the Registrant’s actions which caused the Registrar to raise the allegations, there was no real prospect of the Registrant’s current fitness to practise being found to be impaired. The Case Examiners reminded themselves, in respect of the conviction, that the Registrant has been dealt with by the criminal justice system, and that it is not the Case Examiners’ role, nor the purpose of the fitness to practise process, to punish the Registrant for a second time. However, to close the case without action would fail to take into account the need to declare and uphold proper standards of conduct and the need to maintain public confidence in the dental profession. The Case Examiners consider that by consuming so much alcohol to exceed the prescribed limit, the Registrant demonstrated a lack of judgement. The Case Examiners have taken into account the General Dental Council Indicative Outcomes Guidance (February 2018) and consider that a warning in this case is necessary to declare and uphold proper standards of behaviour and conduct, as well as to mark the serious impact which illegal behaviour might have on public confidence in the profession. Furthermore, the Case Examiners consider that publication of the warning for a period of 24 months is appropriate and proportionate in the circumstances and will ensure that a message is sent to the Registrant and to the wider profession regarding the importance of maintaining appropriate standards of behaviour. The Registrant is reminded that this warning will form part of his fitness to practise history and he may be required to disclose it even after the period for publication has expired. The Case Examiners formally warn the Registrant that: • the commission of a criminal offence is unacceptable conduct for a registrant and should not be repeated. Any further criminal convictions will be viewed seriously and will likely call into question her fitness to practise. • he should, as required by the General Dental Council’s ‘Standards for the Dental Team’ (September 2013) publication, maintain appropriate standards of behaviour in his personal life; as detailed in Standard 9.1 (You must ensure that your conduct, both at work and in your personal life, justifies patients’ trust in you and the public’s trust in the dental profession).

The circumstances of this case relate to the Registrant, on 15 December 2023, being convicted at Birmingham Magistrates Court for breaching a non-molestation order between 17 March 2023 and 13 April 2023 contrary to 42A(1) and (5) of the Family Law Act 1996. The Case Examiners considered evidence including information provided by the Registrant and confirmation of the conviction from the Court. It was determined by the Case Examiners that there is a real prospect of the factual allegation being found proved by a Practice Committee and a real prospect of the statutory ground of conviction being established. The Case Examiners also determined that based on the available evidence, including the Registrant’s level of insight with regard to the alleged conduct, remediation undertaken and that no patients were placed at risk, there is no real prospect of a Practice Committee finding the Registrant’s fitness to practise to be currently impaired. However, the Case Examiners considered that the Registrant’s actions, resulting in a criminal conviction, represent a significant departure from expected standards. To therefore close the case without formal action would fail to take into account the need to declare and uphold proper standards of behaviour and conduct, and the need to maintain public confidence in the dental profession. The Case Examiners have consequently given regard to their Indicative Outcomes Guidance and consider it is necessary and proportionate to issue a warning to the Registrant regarding his future conduct. This will ensure that the Registrant and wider profession are aware of the importance of maintaining appropriate standards of behaviour and conduct. The Registrant is reminded that this warning will form part his fitness to practise history, even after it is no longer published, and may need to be disclosed as required. The Case Examiners warn the Registrant that: - the commission of a criminal offence can have an adverse effect on the wider public interest, and this conduct should not be repeated. Any further criminal convictions will be viewed seriously and will likely call into question his fitness to practise. - he should, as required by General Dental Council guidance, maintain appropriate standards of behaviour in his professional and personal lives.