Scottish Government suing hundreds of dentists
For failing to carry out enough work on the NHS after receiving bursaries.
The Scottish government is suing hundreds of dentists for failing to carry out a sufficient level of work on the NHS after receiving bursaries.
More than 250 dentists are understood to be facing legal action as ministers look to reclaim funding.
At the heart of the dispute is a bursary scheme that offered dental students £4,000 per year during their studies. In return, recipients agreed to devote the majority of their professional work to NHS Scotland once qualified. Ministers now argue that a significant number failed to meet that obligation.
Earlier this month, a judge at the Court of Session ruled in the Government’s favour against two dentists, saying too much of their earnings were accrued in the private sector – above the 20% threshold permitted to avoid repayment.
Lord Sandison said they were “test cases” for a much larger cohort that the Government is suing. His ruling said: “The ministers maintain that many dentists who entered into the bursary contracts did not fulfil the conditions, and seek repayment from those dentists of some of the sums which they received as bursaries.”
The case was first reported (paywall) in The Scotsman newspaper.
John Swinney, the First Minister said the Government would “look at the implications” of the court ruling and the issues involved. He said: “It’s vital that we work to make sure we’ve got a well staffed and well resourced National Health Service, and that’s exactly what the Government will be doing.”
A Scottish Government spokesperson added: “We welcome that the court has upheld the Government’s position that individuals who received public funding through the dental bursary scheme are required to repay where they have not met their contractual obligations to work in NHS Scotland following completion of their studies. We are now considering the judgment in full and the next steps required.”
Law firm Levy and McRae said they are representing more than 250 dentists who are facing claims for repayment of bursaries. A spokesman for the firm told The Scotsman: “The judgment covers a substantial number of issues and we are currently considering the detail of it with our clients. This has been a complicated and lengthy case.
“The two dentists who defended the test cases have undoubtedly assisted many of their colleagues. We are confident that many dentists who have had claims advanced against them will not have to make any repayment, and others will have to repay only a small fraction of the sums that have been claimed.”