Illegal Clinic Chain gets its just desserts

Martyn Collier, 34, flouted industry requirements by charging expensive amounts to provide training to people to perform whitening treatment. Collier wrongly advised two sisters who spent £1,495 on his whitening course in Monmouthshire that upon completion of his training, they would be fully qualified to perform teeth whitening.

Collier’s chain of clinics is now reported to have ceased trading.

This news comes just weeks after a ruling to fine, Mohinder Dhami who carried out illegal tooth whitening at a Leicester-based salon, Clinique de Beaute. By comparison, Collier got a three-year conditional discharge at Cwmbran Magistrates’ Court and was ordered to refund the women he had illegally trained.

Tooth whitening is now a £1billion-a-year business but botched work causes burnt gums, sensitivity and blistered lips, and patients do not realise the risks; forget steak and ice cream, you’d be ordering gruel and blancmange.

It is reported that a growing number of ‘dodgy Delboys’ are gorging themselves on the lucrative dental cosmetics industry despite their awareness of the legal position.

The legal position

By law, all dental professionals, both NHS and private, must be registered with the General Dental Council (GDC), which regulates all dental professionals.

These include clinical dental technicians, dental hygienists; dental nurses, dental technicians, dental therapists, dentists and orthodontic therapists.

In a statement recently the GDC said: “If a person is performing tooth whitening and cannot be found on one of the Council’s registers, they are not legally allowed to practice tooth whitening and it would be unlawful for them to whiten teeth. The confirmation (from the High Court) that tooth whitening is the practice of dentistry means it is a dental treatment and not a cosmetic treatment.”

The GDC has had 1,471 complaints in the past year. So far this year, the GDC has successfully prosecuted at least 17 illegal tooth whitening cases. In 2014, there were 21 successful prosecutions.

Due diligence

Whilst the GDC can prosecute for illegal teeth whitening, the powers afforded to them remain limited with a heavy reliance on investigations being borne out of allegations and complaints from whistleblowers or victims.

In fact, the prosecution of the “Smile Like the Stars” owner was borne out of an investigation brought by the Mirror newspaper.

As a result, it is vital that patients do their due diligence before embarking on any treatment, including teeth whitening. If you’re looking for someone to carry out treatment, check the internet for reviews but, most importantly, search for the practitioner on the GDC’s register. The register is on the GDC website and it is free to search for anyone practicing dentistry.

If you think you may have suffered as a result of illegal tooth whitening practices, contact the GDC to make a complaint and seek dental treatment. You can also contact a dental negligence specialist in our Dental Negligence Team to recover future treatment costs you may have to restore your dental health.