The Scottish Government is pursuing legal action against more than 250 dentists for allegedly failing to meet NHS work commitments after receiving public bursaries for their training.
Ministers are seeking to reclaim funding from dentists who benefited from a scheme offering £4,000 a year during their dentistry courses but are accused of not fulfilling contractual obligations to work predominantly within NHS Scotland.
The dispute centres on a rule requiring recipients to limit private practice earnings to no more than 20% in order to avoid repaying the bursary.
Earlier this month, a judge at the Court of Session in Edinburgh ruled in favour of the government in two “test cases”, paving the way for wider claims against hundreds of dentists.
Lord Sandison described the pair as representative cases for a broader group facing similar legal action. In his written judgment, he stated: “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 ruling concluded that too much of the dentists’ income had been generated through private work, breaching the 20% threshold permitted under the scheme.
The case was first reported by The Scotsman.
Scotland’s First Minister, John Swinney, said ministers would examine the wider implications of the decision.
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, which is representing more than 250 dentists facing repayment claims, said the ruling addressed a wide range of complex legal issues.
A spokesperson 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.”
The case raises fresh questions about NHS dental provision in Scotland, where access to NHS appointments has faced mounting pressure in recent years.
The bursary scheme was designed to strengthen NHS Scotland’s dental workforce by incentivising graduates to prioritise public service. The outcome of the wider legal action could have significant implications for both practitioners and the future structure of NHS dental funding across the country.