Decision of the Complaints Committee 03600-19 British
Dental Association v The Sunday Times
Summary of Complaint
1. The British
Dental Association complained to the Independent Press Standards Organisation
that The Sunday Times breached Clause 1 (Accuracy) of the Editors Code of
Practice in an article headlined “Brace yourself: Scotland’s top-paid dentist
gets “1.2m”, published on 21 April 2019.
2. The article
reported on data from NHS Scotland which showed that “…the NHS paid dentists a
record £288m for treating patients exempt from charges for dental work – up
from about £200m over the past decade”. The article referred to a number of
named dentists who had received sums from the NHS and provided details of their
practices and how many people they employed: Raja Mahesh was reported to have
“earned” almost £800,000 and Simon Miller was reported to have “recorded a
gross income” of almost £1.2m. The article also referred to Mr Miller as “Scotland's
highest-paid dentist” and reported that he had “grossed more than £1m last
year”, commenting that his "earnings eclipsed the £150,000 annual salary”
of the Prime Minister. The article included a quote from a third named dentist
who explained that dentists may run several practices and that they have to pay
rents and salaries. He also explained that many procedures cost the dentist
more than the payments received from the NHS. The article also included a quote
from the Chair of the British Dental Association, who called for more NHS
funding for dentists in Scotland given his view that the Scottish dental
service was “overstretched and underfunded”. Finally, the article said that Mr
Miller and Mr Mahesh, and two other dentists named in the article, could not be
reached for comment prior to publication.
3. The article
appeared online under the same headline and was substantially the same as the
print article.
4. The complainant,
which was representing Simon Miller and Raja Mahesh, said that the article gave
the misleading impression that the sums they had received from the NHS
represented their salaries, when in fact these sums were gross sums which were
subject to significant deductions. It said that it highlighted this point to
the publication when it was contacted prior to publication. It said that this
misleading impression was reinforced by the comparison made to the Prime
Minister’s salary – the sum received was not a salary and should not have been
compared as such; the use of the word “earnings”; and the article’s description
of the sums paid by the NHS as “public money pocketed by the richest dentists”
added to this misleading impression. It said that whilst Mr Miller had received
the most money from the NHS, there was no evidence to support the headline’s
claim that he was “Scotland’s top-paid dentist”. Finally, the complainant said
that the publication had not tried to contact Mr Mahesh, as reported in the
article.
5. The complainant
said that it was inaccurate for the article to report that in 2017/18, the NHS
paid dentists £288m to treat patients who were exempt from charges for dental
work when, in fact, the sum covered the NHS dental services for all patients,
net of dental charges received from patients who were required to pay for some
of their treatment. It also said that it was misleading to describe this as a
“record” sum, when the spend-per-head had stayed stable and the increase simply
reflected increasing demand. The complainant said that, in fact, there had been
a fall in per-head spending when inflation was factored in.
6. The publication
did not accept that there was any breach of the Code. It said that the article
made specific reference to the figures being gross, rather than net, and
included quotes which made clear that the sums were subject to deductions, such
as rents and salaries, and that the cost of procedures often exceeded the
allowance paid by the NHS. It said that the article, in effect, presented the
argument that the complainant had made, and it would be clear to readers that
the sums paid to the dentists did not represent their salaries. In this
context, it said that it was not misleading to compare the sums paid to the
Prime Minister’s salary. In addition, it provided telephone records and notes
from the reporter which showed that there was an attempt to contact Mr Mahesh,
but that his surgery was closed.
7. The publication
said that the reference to the £288m was brief and the length of the article
meant that there was not the opportunity to go into the full details of NHS
funding. It said that the article accurately reported the sum paid for NHS
dental work; that it had risen from £200m to £288m; and that it was not in
dispute that this was a record sum. However it accepted that the position could
have been made clearer and offered to clarify that the sum was “for treating
patients who receive free or subsidised dental work” rather than payments to
those patients who were exempt from NHS charges. It said that care was taken to make it clear
in the article that the sums paid were gross payments and not pure profit for
dentists.
8. As a gesture of
goodwill, the publication offered the complainant the opportunity to publish
their concerns as a Letter to the Editor, and to publish a clarification on the
point relating to the comparison to the Prime Minister’s salary. This was
declined.
Relevant Code Provisions
9. Clause 1
(Accuracy)
i) The Press must
take care not to publish inaccurate, misleading or distorted information or
images, including headlines not supported by the text.
ii) A significant
inaccuracy, misleading statement or distortion must be corrected, promptly and
with due prominence, and — where appropriate — an apology published. In cases
involving IPSO, due prominence should be as required by the regulator.
iii) A fair
opportunity to reply to significant inaccuracies should be given, when
reasonably called for.
iv) The Press, while
free to editorialise and campaign, must distinguish clearly between comment,
conjecture and fact.
Findings of the Committee
10. The article reported on the level of NHS
funding which was paid to dentists in Scotland in 2017/2018. The sums paid to
the dentists, as reported in the article, were not in dispute; the question for
the Committee was whether the publication had published inaccurate, misleading
or distorted information by the way in which the NHS data had been presented in
the article and, if so, whether this was significant so as to require
correction. The Committee acknowledged that the references in the article to
“earnings” and money being “pocketed” were potentially ambiguous; however, any
ambiguity was clarified by references to the income being “gross” and by the
article making clear that costs would need to be met from the sums received,
including rents and salaries. The reference to the Prime Minister’s salary was
made immediately following the reference to the “gross” income which Mr Miller
had received; readers would understand that a direct comparison was not being
made. There was no failure to take care over the presentation of the NHS data
and no significant inaccuracy which required correction. It was clear from the
telephone records and notes provided by the reporter that there was an attempt
to contact Mr Mahesh, and so there was no inaccuracy in reporting that “he
could not be reached”. There was no breach of Clause 1 on either of these
points.
11. The complainant
said that it was inaccurate to state that £288m was paid for treating patients
who were exempt from charges for dental work, when in fact it was the sum paid
to treat all Scottish dental patients who received treatment on the NHS, some
of whom were required to pay part of their treatment costs. The statement did
not provide a misleading impression in circumstances where it was not in
dispute that the sum paid to dentists in respect of NHS dental work amounted to
£288 million. Furthermore, it was not inaccurate to describe the sum paid as a
“record” in circumstances where it was accepted that the sum paid was the
highest to date; the omission of an explanation for the increase did not render
the article significantly misleading on this point. There was no breach of
Clause 1 on either of these points.
Conclusions
12. The complaint
was not upheld
Remedial Actions
13. N/A
Date complaint received: 26/04/2019
Date decision issued: 13/09/2019