Exclusive:SNP suing hundreds of dentists to reclaim bursary funds for failing to treat enough NHS patients
Ministers are trying to reclaim thousands of pounds from dentists they believe have not carried out enough work in the NHS
SNP ministers are suing hundreds of dentists for thousands of pounds for failing to carry out enough NHS work after receiving bursaries.
Court papers show that the Scottish government is pursuing action against two dentists in the Court of Session as “test cases” from a “much larger cohort of disputes” with dentists across Scotland.
A judge has ruled in favour of ministers over liability to repay parts of the bursary payments after too much of their earnings were accrued in the private sector - above the 20 per cent threshold permitted to avoid repayment.
The Scotsman understands that more than 250 dentists across Scotland are facing legal action from SNP ministers to claw back funding from bursaries.
The legal action comes amid fears over a lack of NHS dentists in Scotland. But dentists have warned that many have “faced significant financial and personal pressures despite their dedication to NHS care”, stressing that “the prospect of bursary recovery caused understandable uncertainty within the profession”.
SNP ministers have been told to do “everything in their power to attract people into the profession” as they attempt to recoup thousands of pounds from dentists.
The Scottish dental undergraduate bursary scheme was introduced in 2006 before being replaced by the dental student support grant in 2018, with the court action taken against dentists under the previous scheme, which offered up to £4,000 a year for four years.
As part of the terms, those who took the funding committed to work within the NHS after graduating - with 80 per cent of their earnings to come from the NHS for the years after entering the workplace. The contract states that dentists commit to undertake “ up to five years work in dentistry in the NHS in Scotland following graduation.”
Clara Reid, a dentist based in East Lothian and who co-ordinated the group facing the action, said: “This has been a deeply challenging experience for many young NHS dentists across Scotland, particularly those who chose to remain committed to public service throughout difficult years, including the Covid-19 pandemic.
“Many practitioners have faced significant financial and personal pressures despite their dedication to NHS care, and the prospect of bursary recovery caused understandable uncertainty within the profession.”
She added: “From speaking with colleagues involved in the case, it is clear that there is an ongoing misunderstanding about the realities of NHS dentistry and the pressures dentists face.
“While we recognise the Scottish government’s intention to support workforce retention, the outcome of this case will hopefully encourage a more constructive and collaborative relationship going forward.“
The test case brought against two dentists, which was transferred from sheriff courts to the Court of Session.
In a published court judgment, Lord Sandison, said the action was being used as “test cases from a much larger cohort of disputes in dependence before various sheriff courts” across Scotland.
Counsel acting for Scottish ministers moved the court to grant decree against one for the sum of £6,000 with interest, and against the other for £9,600 with interest.
Ministers argued that the bursary was intended to incentivise dentists to commit to providing NHS dentistry in the early years of their career.
But a row emerged over what would constitute “NHS earnings” with Lord Sandison stating that it “cannot simply mean earnings actually received from the NHS”.
Jonathan Brown, from Levy and McRae Solicitors, acting on behalf of the defenders, claimed the contract was vague in setting out how a dentist’s NHS earnings were measured.
Lord Sandison offered support to the Scottish ministers’ argument that “NHS earnings means the earnings generated by the dentist by the treatment of NHS patients in accordance with the statement of dental remuneration”.
Both cases have been put out by order for closing submissions to be made on their proper final disposal.
A spokesman for Levy and McRae said: “We represented a group of more than 250 dentists who faced claims for repayment of bursaries. Two cases were selected as test cases.
“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 have also been greatly supported by a number of dentists, and in particular Clara Reid co-ordinator of the group, with an interest in the case.
“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.”
Previous concerns have been raised about Scotland’s dentistry workforce.
READ MORE: Warning NHS could 'deteriorate sharply' as share of hospitals and ambulance funds to be cut by SNP
During the pandemic, NHS dental services were paused with some practices making a loss and sparking a trend of some dentists leaving the public sector. Statistics show that between 2019 and 2024 Scotland’s NHS dentists fell from 3,407 to 3,240.
Almost 1,000 dentists who have retired in Scotland since 2015 did so early - with 95 per cent of all retiring dentists taking early retirement.
Data from Public Health Scotland shows that in 2025, 71 per cent of children living in the most deprived parts of Scotland had no obvious decay experience, compared to 90 per cent in the least deprived areas.
Scottish Conservative health spokesperson, Dr Sandesh Gulhane, said: “After almost two decades of SNP incompetence, Scotland has lost 300 dentists since 2020 — and recruitment is at a record low.
“That’s leaving hard-pressed Scots unable to get the care they need. People are being forced to suffer in pain or raid their life savings to go private.
“SNP ministers should be doing everything in their power to attract people into the profession and retain the dentists we have left.”
A British Dental Association spokesperson said: “We understand that where it is established that a bursary recipient has been unable to fulfil their obligations then they may be liable to repay some or all of the bursaries that they previously received.
“Any repayment of bursaries will be dealt with by the Student Awards Agency Scotland.”
A Scottish government spokesperson said: “We welcome that the court has upheld the Scottish 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."
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