View all veterinary jobs
The change to the Practice Standards rules means that RVNs who have at least five years’ experience within the profession are eligible to apply to become PSS Assessors.
PSS Assessors are employees of the RCVS who are responsible for visiting practices that want to join the scheme, are undergoing their re-accreditation assessment or have applied for one or more of the PSS Awards, to ensure they meet the criteria.
The decision to allow RVNs to become PSS Assessors had already been approved by both the Practice Standards Group (the steering committee for the Scheme comprising representatives from all of the major veterinary and veterinary nursing organisations in the UK) and the RCVS Standards Committee.
Matthew Rendle is the Chair of VN Council and also sits as a member of RCVS Council. He said: “I am delighted to see that there is now a pathway to recruit veterinary nurses as PSS Assessors and hope that many of my VN colleagues will take up this opportunity to apply to join the excellent team responsible for ensuring that the Scheme’s stringent standards are met.
"We know that, on a practice-by-practice basis, veterinary nurses often play a big role in helping to coordinate and ensure that the requirements of the Practice Standards Scheme are met, for example, by preparing their team for the assessment, liaising with the RCVS and the Assessor and making sure all standards are complied with in advance. It is great to see that the crucial role they often play in meeting standards is reflected in opening up the ability to become PSS Assessors."
Mandisa Greene, RCVS President and Chair of the Practice Standards Group, added: “This is such an important development for the veterinary nursing profession whose role in the Practice Standards Scheme has long been recognised as invaluable. This decision also opens up new career advancement opportunities for the profession as well, which I’m sure is very welcome."
When the next recruitment round for PSS Assessors takes place, RVNs will be invited to apply to join the roster of Assessors.
In addition to approving the role of RVNs as PSS Assessors, Council also approved a new Equine Emergency Services Clinic accreditation to help incorporate the emerging business model of veterinary practices that provide ambulatory emergency services for equids.
The new accreditation would require these practices to meet the applicable PSS Core Standards, plus the requirements contained in an additional Equine Emergency Services module. The full details of the requirements will be published in due course.
For more information about the Practice Standards Scheme visit: www.rcvs.org.uk/pss
Mr Samuel had been removed from the Register in 2018 for causing unnecessary harm to numerous animals.
After being tried and convicted of several animal welfare offences alongside his former partner at Leeds Magistrates Court, Mr Samuel was sentenced to 12 weeks’ imprisonment, suspended for 12-months on the condition that he did 150 hours of unpaid work.
He was also ordered to pay a £100 fine and subjected to a disqualification order under the Animal Welfare Act for three years.
Mr Samuel’s application for restoration was based on the facts that he accepted the seriousness of his actions and that he did not challenge the DC’s 2018 decision.
The Committee also heard evidence that since his removal from the Register, Mr Samuel - who had run a first opinion veterinary practice for nine years prior to being struck off - has undertaken 340 hours of work experience with other veterinary surgeons and 20 hours of CPD.
Dr Samuel was represented by Counsel who outlined in his submissions to the Committee how Dr Samuel’s former partner had sole responsibility for the animals and that she was involved in rehoming dogs and cats and that their relationship was ‘stressful’, that this made Dr Samuel neglect his professional obligations, and that Dr Samuel was now in a different relationship and his life had been ‘transformed’ since his conviction.
The College opposed Dr Samuel being restored to the Register.
Ms Curtis, Counsel on behalf of the College, submitted to the Committee that Dr Samuel continued to represent a risk to the welfare of animals and that to allow him to be restored to the Register would undermine public confidence in the profession.
She explained that even though his sentence and Animal Welfare Act Disqualification Order had come to an end, and he was now legally able to own animals, this should not be equated with him now being fit to return to the Register.
Dr Austin Kirwan MRCVS, chairing the Committee, and speaking on its behalf, said: “Where a veterinary surgeon has shown himself to be capable of such indifference to the welfare of multiple animals, there remained, in the Committee’s view, a real risk of that indifference manifesting itself again.
"A registered veterinary surgeon is entrusted with the care of animals, often when they are at their most vulnerable, and sometimes for prolonged periods of time.
"Given the nature of the animal welfare offences committed by Dr Samuel, the Committee considered there would be a real and significant risk to animals if the high level of responsibility and trust that comes with registration were returned to him.
“For a veterinary surgeon, conduct involving neglect of animals is at the highest end of the spectrum of serious professional misconduct.
"For the reasons outlined above, the Committee considered Dr Samuel continued to represent a risk to animal welfare and thus allowing him to be restored to the Register would seriously undermine public confidence in the profession.
"For all these reasons the application to restore Dr Samuel to the Register is refused.”
The Committee’s full findings can be viewed at www.rcvs.org.uk/disciplinary
In writing the guide, Liz has drawn upon her own experience of the disciplinary process to offer practical advice to others who find themselves in the same situation.
Liz found herself on the receiving end of a complaint by a pet owner after an elderly dog she had operated on died that night at her practice. It took two years for the complaint to progress to a DC hearing. They were two years which she described as absolute hell. Not just because of the threat of losing her livelihood, but also because of the vilification on social media.
Her booklet explains the whole process, from the first notice from the College to moving on after the hearing, with practical advice as to how you can make the experience, well, if not a positive one, at least not quite as hellish as it might otherwise be.
You can download the booklet from Liz’s website, here: https://howtosurviveanrcvshearing.wordpress.com/
The courses are:
MMI Manager Lisa Quigley commented: “I am really proud of this new tranche of training.
"Whereas our previous training has focused on the individual experience, for example, mental health awareness and resilience, these new courses recognise that individual instances of poor mental health and wellbeing can often be caused by systemic issues – whether that’s a poor workplace culture where bullying and incivility thrive, or discrimination on account of someone’s protected characteristics.
The full range of courses, including the dates and times and details on how to register, can be found at www.vetmindmatters.org/training
Feedback about any of the courses can be sent to info@vetmindmatters.org
Dr Botes faced a total of nine charges against him, relating to performing (or recommending) inappropriate total hip replacements on five dogs without adequate investigation and without getting informed consent from the owners.
One of the charges also related to a failure to keep adequate, clear and detailed clinical records in relation to the five dogs.
Dr Botes denied the first two charges which were later dismissed because the owner did not attend the hearing and counsels agreed that it would not be in the public interest to pursue them.
Dr Botes admitted the other seven charges and that they amounted to serious professional misconduct, and they were therefore found proven by the Committee.
In considering whether the charges amounted to serious professional misconduct, the Committee considered an expert report from Professor John Innes, RCVS Specialist in Small Animal Surgery (Orthopaedics) and Mr Midgley, RCVS Advanced Practitioner (Small Animal Orthopaedics).
Ian Arundale, Chair of the Committee, said: “In coming to its decisions, the Committee took into account Professor Innes’ opinions that it was not reasonable for Dr Botes to have carried out the THR without sufficient investigation into Kilo’s pain; that the THR undertaken in respect of Sora was not in the animal’s best interests; and that it was ‘entirely unnecessary’ to recommend the THR in respect of Penny.
"In addition, the Committee has found that both THRs performed in respect of Daisy were not in her best interests.
"Thus, in the Committee’s view, Dr Botes’ actions and omissions did not ensure the animals’ health and welfare.”
The Committee took into account that the THRs in question were a source of financial gain, that Dr Botes’ conduct was repeated over a considerable period of time and that he was in an increased position of trust and responsibility because of perceived expertise in small animal orthopaedics and its education.
However, the Committee took into account, as a mitigating factor, that Dr Botes has indicated some insight into some aspects of the charges in his written communications to the College, in his witness statement dated 29 December 2021, and in his admissions at the start of this inquiry.
The Committee then considered what would be an appropriate and proportionate sanction, hearing from several character witnesses including Dr Midgely, who was put forward as Dr Botes’ proposed supervisor if the committee agreed to a postponement with undertakings.
When making their decision, the Committee took into account the fact that Dr Botes had been suspended from the Register in 2008 for six months for serious professional misconduct over the care of a dog that had been involved in a road traffic accident.
The Committee considered a postponement of judgment with undertakings, which was submitted by Dr Botes’ counsel.
However, the Committee took the view that a postponement would not be appropriate because the failings were not in limited aspects of practice but were wide-ranging, covering the fundamental requirements of any veterinary surgeon.
In the Committee’s view, this would mean nothing less than direct supervision, where Dr Botes’ practice was directly monitored on a day-to-day basis would be sufficient to protect animals, clients, and to uphold the wider public interest.
It would be impracticable to formulate undertakings capable of effectively addressing these issues.
The Committee also noted that the disgraceful conduct was serious and there was a pattern of sustained and persistent misconduct.
The Committee therefore did not believe that no further action, a reprimand or a warning were appropriate or proportionate outcomes.
The Committee also considered whether suspension was appropriate but concluded that there was a real risk of repetition of the behaviours outlined in the charges, and so the Committee was unable to conclude that Dr Botes would be fit to return to practice after a period of suspension.
The Committee therefore decided to direct that Dr Botes should be removed from the Register indefinitely.
In coming to this decision, the Committee carefully applied the principle of proportionality and took into account the impact of such a sanction on Dr Botes both professionally and financially, and took into account his witness statement in this regard.
Ian Arundale added: “In light of the gravity of the conduct, and all of the factors taken into account, any lesser sanction would lack a deterrent effect and would undermine public confidence in the profession and the regulatory process.
"Removal was the only appropriate and proportionate sanction.”
Dr Botes has 28 days from being notified of his removal from the Register to lodge an appeal with the Privy Council.
The Disciplinary Committee, chaired by Dr Martin Whiting, considered two charges against Mr Shah.
The first charge alleged that in June 2018 Mr Shah allowed a kitten to be anaesthetised for a castration without having first undertaken a clinical examination.
Then, having failed to locate a second testicle during the surgery, it was alleged that Mr Shah failed to contact the owner to inform her of this failure and to discuss the treatment options arising as a result, before ending his attempts at the castration.
The charge then alleged that Mr Shah failed to devise an adequate plan for the completion of the castration, failed to take adequate steps to ensure that the owner was fully informed of the details of the surgery, and failed to make adequate clinical notes in relation to the kitten.
The second charge alleged that, in relation to the conduct in charge one, Mr Shah failed to have adequate regard to previous advice and warnings from the RCVS about his conduct in relation to neutering surgery and related clinical note-keeping and communication with clients.
In particular, this related to a reprimand issued in September 2016 by the Disciplinary Committee following its finding of disgraceful conduct with regards to his discharge of a dog following castration in 2014, and advice issued to Mr Shah by letter of 21 March 2018 by the College’s Preliminary Investigation Committee with regards to circumstances surrounding canine spay surgery performed by him in 2016.
At the outset of the hearing Mr Shah denied all of the charges.
Nevertheless, the Committee found the following charge one sub-charges proved: that Mr Shah allowed the kitten to be anaesthetised without having first undertaken a clinical examination of the kitten and/or ensuring that they had undergone a clinical examination by another veterinary surgeon; that Mr Shah failed to devise an adequate plan for the completion of the castration, that he failed to take adequate steps to ensure that the owner was fully informed post-operatively of the details of the said surgery; and that he failed to make adequate clinical notes in relation to the findings of his examination under anaesthesia, his surgical approach, post-operative communication with the owners and his plan for completion of the castration.
The Committee also found all of charge two proved.
The Committee then went on to consider whether or not, in relation to the proved charges, Mr Shah’s conduct amounted to serious professional misconduct.
In considering the aggravating factors, the Committee took into account the risk of injury to an animal, the contravention of previous advice given by the College, lack of insight, and the previous adverse findings of the Disciplinary Committee and the Preliminary Investigation Committee.
With regards to mitigating factors, the Committee accepted that the conduct was not premeditated, that there was no financial gain and that, notwithstanding the contents of charge two, the first charge was a single and isolated incident.
Considering both the aggravating and mitigating factors, the Committee was satisfied that Mr Shah’s conduct fell far below the standard expected of a registered veterinary surgeon and consequently that it amounted to serious professional misconduct.
The Committee then considered what sanction to impose on Mr Shah. The Committee first considered lesser sanctions, including postponement with undertakings and a reprimand and warning. Neither would be sufficient to protect animals and the wider public interest and uphold proper standards because Mr Shah had already been given a reprimand and warning in 2016, which appeared, to the Committee, to have had no effect.
Speaking on behalf of the Committee, Dr Whiting said: "It is clear to the Committee that in this case, the respondent has failed to demonstrate any insight into the seriousness of his misconduct.
"In this case, the Committee considers that there is evidence of a harmful deep-seated personal attitude problem so far as the respondent is concerned. His pervasive denial of wrongdoing and lack of insight, in spite of the findings of this Committee, is of grave concern.
"The respondent’s persistent abdication of personal responsibility and accountability for anything that went wrong, coupled with his sustained blaming of the nursing staff with whom he worked, displays an attitude which is fundamentally incompatible with being a member of the veterinary profession.
"The Committee cannot be confident that there is no significant risk of repeat behaviour in the event that suspension was found to be the appropriate sanction and that the respondent is fit to practise after any period of suspension.
"This is particularly due to the fact that Mr Shah has failed to have adequate regard to previous advice and warnings from the RCVS, coupled with multiple previous adverse findings of the Disciplinary Committee and the Preliminary Investigation Committee. The Committee has reached this conclusion having regard to the seriousness of its findings in this hearing, and the previous advice and warning given to the respondent, none of which appears to have been recognised or heeded."
The Committee therefore concluded that the only sanction which reflects the seriousness of this case, in the light of the previous findings and advice given to the Mr Shah by the College, is to remove him from the Register.
The Committee’s full facts and findings can be found at www.rcvs.org.uk/disciplinary.
Ms Benson faced six charges.
The first was that between January 2018 and November 2019 she took a number of bags of dog food and two horse wormer syringes from the practice without paying for them.
Charge 2 alleged that between November 2018 and November 2019 she took a number of items of animal food and one or more boxes of horse wormer and paid less than the correct amount for them.
Charge 3 was that between October 2018 and November 2019 she arranged for or allowed a friend to receive a discount on items from the practice, without consent from the practice.
Charge 4 alleged that in December 2019 she asked a veterinary surgeon colleague to input details of treatment and/or medicine for her cat into the clinical records of another of her animals that was also registered to the practice.
Charge 5 was that in relation to charges 1, 2 and 3, her conduct was dishonest.
Charge 6 alleged that in relation to charge 4, her conduct was dishonest, potentially compromised the integrity of a professional colleague and was potentially detrimental to animal welfare.
At the outset of the hearing, Ms Benson admitted to charges 1,2,3,4 and 6 of the allegations and the Committee accepted these admissions. The Committee considered evidence from Ms Benson’s colleagues including witness statements, written testimonial and clinical records for her animals.
When asked about taking items from the practice, Ms Benson explained that she did not intend to take items without paying for them and that she had not realised how much she had taken. She also explained that she had paid back in full what she owed to the practice. The Committee considered that Ms Benson’s conduct had involved a degree of premeditation as she had repeatedly taken items over an extended period. They also considered that there had been a potential risk of injury to animals resulting from Ms Benson’s request to incorrectly write up her animal’s veterinary records.
The defence attested that no actual harm had come to any animal because of Ms Benson’s actions and that she previously had an unblemished career in veterinary nursing. She had also admitted most of the charges against her and paid for the items she had taken in full.
Cerys Jones, chairing the Committee and speaking on its behalf, said: “The Committee considered that in the case of Ms Benson, there had been a potential risk to animals had her pet’s records been incorrectly completed, although no harm resulted. The request to alter the records had been a short, single event, but the taking of items had been repeated over a period.
"The Committee also considered that Ms Benson had abused the trust placed in her as a senior nurse with managerial responsibility. We took into account that there was some evidence of Ms Benson being overloaded by work, but there was no evidence of any health condition during the time of the misconduct which might explain her actions.”
The Committee therefore found Ms Benson guilty of serious professional misconduct and decided that a nine-month suspension from the Register was the most appropriate sanction.
Cerys Jones said: “The Committee accepted that Ms Benson had developing insight in making her admissions and we give her credit for her long unblemished career. She admitted to a large part of the allegation, expressed remorse for her actions and has repaid the practice. We have also heard a number of positive testimonials which spoke positively of Ms Benson’s recent conduct.
“However, dishonesty is a serious matter in relation to professional practice and taking no action in response to the serious nature of Ms Benson’s disgraceful conduct would not be proportionate or serve to protect animals and maintain public confidence in the profession.
“Having carefully considered matters, the Committee decided that the appropriate and proportionate sanction, was to suspend Ms Benson’s registration for nine months.”
Ms Benson has 28 days from being informed of the outcome of the hearing to appeal the Committee’s decision.
Miss Miles and her co-defendants mistakenly believed that the animals, which included a lamb, hens, piglets, goats, a calf, dogs and a pig, were in poor condition.
They went to steal the animals from their owners' properties after dark, dressed in dark clothing; some in balaclavas.
Miss Miles was sentenced to a community order for a period of 18 months rehabilitation activity requirement and 100 hours unpaid work rehabilitation, to pay £250 compensation, an £85 victim surcharge, and £400 in costs.
The Committee found that the facts of the case were proved on admission by Miss Miles and on the basis that they accepted the copy of the Certificate of Conviction.
Deciding on Miss Miles’ fitness to practise, the Committee considered the evidence before it and the advice of the Legal Assessor.
It also considered the transcript of remarks of the sentencing judge, as well as the fact that the events which led to the convictions occurred while Miss Miles was a registered veterinary nurse with the RCVS.
In terms of mitigating factors, the Committee considered that there was no financial gain associated with Miss Miles’ actions.
In terms of aggravating factors, it noted the risk of injury to animals, that Miss Miles’ behaviour was pre-meditated, that individuals had been targeted in their own homes after dark, the stress and emotional harm to the owners, and that there had been repeated criminal offending.
The Committee also considered Miss Miles’ motivations in respect of animal welfare in coming to its decision.
However, it assessed the offences to be serious, taking into account their nature and circumstances.
Paul Morris, chairing the Committee and speaking on its behalf, said: “The Committee was aware that breaches of the Code do not in themselves mean that the respondent is unfit to practise by reason of the conviction.
"However, the Committee took into account the nature and circumstances of the conviction and also considered the wider public interest.
"The Committee was satisfied that the respondent’s behaviour which led to the conviction created a real risk of harm to the animals in question, as was clear from the basis upon which the respondent was sentenced.
“Further, the behaviour which led to the conviction for the repeated offences in the circumstances in question brings the veterinary nursing profession into disrepute.
"To find otherwise would undermine public confidence in the profession and fail to uphold proper standards of conduct and behaviour.
“Accordingly, the Committee found that the conviction, set out in the charge, renders the respondent unfit to practise.”
When determining an appropriate sanction, the Committee considered the same aggravating factors it had evaluated when assessing fitness to practice. However, further mitigating factors, in addition to the fact that Miss Miles had no financial gain, included:
The Committee considered the testimonials and character references which attested to Miss Miles’ exemplary practice, integrity, professionalism, compassionate approach to animals, commitment to animal welfare, work in educating others in animal welfare, and commitment to campaigning for animal welfare.
However, it was noted that Miss Miles gave the impression to the Committee that while she accepted that it was wrong to commit the criminal offences, she also believed that her intention to protect the animals’ welfare was a justification.
Speaking on the sanction, Paul Morris said: “The Committee was of the view that the conviction was particularly serious, in that it involved offences of dishonesty on a repeated basis.
"The Committee also took into account that the respondent has invoked her beliefs to undermine an aspect of the sentencing judge’s remarks and has used those beliefs to justify her actions at the time before this Committee.
“However, the risk of re-offending is low and, as already stated, the Committee accepts the respondent’s assertion that she does not intend to break the law again, and the Committee is assured in this regard by the lack of repetition in the last six years.
"There was insight shown by the respondent into the effect of her conviction on public trust and confidence in the profession.
"The Committee weighed the demands of the public interest, as well as the previously stated mitigating and aggravating factors.
"In all the circumstances of this particular case, the Committee concluded that both a reprimand and a warning as to future conduct is sufficient and proportionate to meet the need to maintain public confidence in the profession and uphold proper standards.”
The Committee went on to consider an order of suspension but decided that this would serve no useful purpose in light of the low risk of repetition of criminal offending, the nature of which was unconnected to her daily role as an RVN.
It could see no identifiable risk to animals now and in the future.
The Committee decided that to impose a suspension would be punitive and disproportionate.
The reprimand and warning sanction imposed on the respondent will remain on her RCVS record indefinitely and will be taken into consideration should there be any future misconduct.
https://www.rcvs.org.uk/concerns/disciplinary-hearings/
Although developed by the RCVS and VSC BAME Student Support Working Group ostensibly for use by Universities, EMS placement host practices and other educational establishments, it is recommended that all veterinary practices review the guidance.
The Guidance on Religious Clothing and Beliefs covers issues such as: balancing accommodations for religious dress with clinical considerations, and making accommodations for religious observance in academic timetabling and exams.
Gurpreet Gill, RCVS Leadership and Inclusion Manager said: “This document is about recognising that personal religious beliefs should be respected and accommodated as far as possible, while also not compromising professional responsibilities such as infection control, effective communication and the health and safety of individuals and their colleagues.
"Most importantly, it is about creating a welcoming and inclusive environment and ensuring that all students are able to express their religious identity whilst participating in educational and workplace settings.
“Although the guidance is not exhaustive, we would highly recommend that, where relevant, educators, practices and other veterinary workplaces review, adopt and adapt this guidance for their own settings to ensure that all members of the professions are welcomed and included.”
The Guidance on Religious Clothing is available to download from: https://www.rcvs.org.uk/news-and-views/publications/guidance-on-religious-clothing-and-beliefs/
This year, eight veterinary nurses stood for two available places on VN Council.
1,740 veterinary nurses voted, a turnout of 8.4% which was significantly down on previous years (12.4% in 2021, 17.1% in 2020 and 14.5% in 2017).
Holly Witchell led the field with 533 votes and Jessica Beckett came a close second with 451 votes.
Eleanor Ferguson, RCVS Registrar and Returning Officer for both elections, said: “Many congratulations to all successful candidates, who we look forward to welcoming on to RCVS and VN Councils in July.
"Thank you once again this year to everyone who made the decision to stand in this year’s elections and to those who took the time to vote for their preferred candidates.
"We’re not exactly sure why both elections saw falling turnouts this year, but we do appreciate how extremely busy the professions are at the moment, and that everyone’s time is at a premium.
"As part of our ‘Council culture’ project we are looking at ways of improving all aspects of communicating the work around RCVS Council, VN Council and their committees, including around standing for and voting in elections.”
The full results for the RCVS Council election can be found on the 2022 election page.
At the start of the hearing the RCVS applied for it to take place in the absence of Mr Dobson, who had failed to respond when informed about the hearing. The application was granted by the DC on the basis that Mr Dobson, by refusing to respond to communications from the College – including by letter, telephone and email – had voluntarily waived his right to attend.
There were three sets of charges against Mr Dobson. The first charge was in June 2018, while he was not on the Register of Veterinary Surgeons, Mr Dobson had carried out an equine pre-purchase examination (PPE) and used the postnominals MRCVS to sign the associated PPE certificate and covering letter.
The Committee found this charge proven after it was presented with evidence of the certificate and covering letter alongside the fact that Mr Dobson had been removed from the Register on 1 June 2018 for non-payment of the annual renewal fee needed to remain on the RCVS Register. He was only restored to the Register upon paying his outstanding fee in late November 2018.
The second charge was that Mr Dobson did not have any professional indemnity insurance (or PII) or other equivalent arrangements in between June 2018 and August 2020. He also failed to provide adequate details of his PII when requested by the RCVS.
The Committee was presented with evidence that Mr Dobson had failed to confirm that he had PII arrangements or other equivalent arrangements in place prior to August 2020 and that he had failed to respond to numerous requests for evidence from the College. On this basis the Committee found the charges proven.
The third and final charge was that Mr Dobson had failed to respond to numerous requests from the RCVS, including: failing to provide written comments on concerns relating to the equine PPE; failing to provide written comments on the concern that he had carried out the PPE and used the postnominals MRCVS while not on the Register; failing to provide details of his continuing professional development (CPD) for the previous three years; and failing to provide copies of his Day Book and/or Controlled Drugs Register. All elements of this charge were found proven when the Committee was presented with evidence of numerous attempts to contact him that went unacknowledged and unanswered.
Regarding the first charge, the Committee recognised that Mr Dobson had not intentionally allowed his registration with the College to expire and that it was down to administrative error. However, it also considered that he had not responded to or taken action upon receiving numerous reminders to pay his fees. It considered that Mr Dobson had therefore acted recklessly in not only allowing his registration to expire but in continuing to practise veterinary surgery while not registered, a criminal act in contravention of the Veterinary Surgeons Act. The Committee therefore found that the first charge amounted to serious professional misconduct.
The Committee also found that the remaining charges constituted serious professional misconduct.
Cerys Jones, chairing the Committee and speaking on its behalf said: "The respondent demonstrated a pattern of behaviour in not responding, which was sustained and persistent. He asked for extensions of time but did not make good on his assurances that he would provide information. Due to the length of time during which the respondent failed to comply with the requests, as well as the proliferation of issues in respect of which he did not comply, the Committee was of the view that he demonstrated a wilful disregard of the role of the RCVS and the regulatory processes. This was particularly serious in light of the reliance which the RCVS places upon its members to cooperate with providing it with information relating to their professional practice which is relevant to the RCVS’s regulation of the profession.
"There was no harm caused to animals or the public, and the Committee acknowledged that practice circumstances have been made more difficult in general by the Covid-19 pandemic. However… the respondent’s failures to comply were serious and undermined the functions of the RCVS. The Committee was satisfied that the respondent’s failures fell so far below what was expected as to amount to serious professional misconduct."
Having found that all the charges amounted to serious professional misconduct the Committee then considered the most appropriate sanction for Mr Dobson. In terms of aggravating factors, the Committee considered Mr Dobson’s recklessness in failing to renew his registration and practising while it was lapsed, his pattern of not responding to the RCVS, the fact that financial gain was obtained as a result of misconduct, a wilful disregard to the RCVS and regulation, and limited evidence of insight. In mitigation the Committee considered Mr Dobson’s previous good character, a long and otherwise unblemished career, the fact that no animals were harmed and increased demands on time and processes due to Covid-19.
However, taking all of the information into account, the Committee decided that removal from the Register was the appropriate and proportionate sanction due to the sustained and prolonged nature of the misconduct.
Cerys Jones said: “The respondent demonstrated a wilful disregard of the role of the RCVS and the regulatory processes by way of his disgraceful conduct. In addition, his lack of engagement with the hearing process indicates to the Committee that he is not engaging with his regulator and, along with the limited insight and lack of remediation with respect to the disgraceful conduct, this demonstrates a lack of insight into the seriousness of his actions or their consequences.”
At the meeting, which took place last Thursday, Council members were asked to decide how to proceed with three specific proposals on reforming the disciplinary system:
Acknowledging some of the concerns that have been raised about changing the standard of proof, RCVS Registrar Eleanor Ferguson said: “The RCVS is now one of just a few regulators that still uses the criminal standard of proof in determining the facts of a case. We have sought these changes as part of our ongoing aim to develop a compassionate and forward-looking disciplinary system with the protection of the public absolutely at its heart, whilst also acknowledging the huge toll the process takes on the mental health of veterinary professionals.
"Research that we carried out into the impact of changing the standard of proof indicated that it would not lead to a major increase in cases being referred from the Preliminary Investigation Committee to the Disciplinary Committee. Importantly the number is likely to be very low because the standard of proof only applies to proving the facts of a case; the judgement as to whether proven facts amount to serious professional misconduct will follow the same process as at present.
"We estimated that during 2019, there could have been just two more cases brought to DC under a altered standard of proof, with an additional three cases that were borderline but probably wouldn’t have proceeded any further. Conversely, we also estimated that three cases that did go to DC during 2019 would probably not have done, had the ‘Charter Case Committee’ option been available.
"Ultimately, the aim of the RCVS in regulating the veterinary professions is to protect the public and animal welfare as well as upholding the reputation of the professions. We believe these changes will better achieve that aim."
The consultation on whether to change the standard of proof as well as to introduce the Charter Case Protocol and ‘mini-PICs’ is now planned for later this year.
Further information about the proposals, including some of the arguments for and against changing the standard of proof, can be found in the papers for RCVS Council at: www.rcvs.org.uk/who-we-are/rcvs-council/council-meetings/4-june-2020/ (pages 70-97).
The reports summarise the results of two surveys that were conducted between July and August last year.
17% of the 19,925 veterinary nurses who were sent the survey fully completed and submitted the questionnaire.
Some of the main findings included:
Around 40% of veterinary surgeons and over 40% of veterinary nurses said they had experienced concerns for their personal safety aside from catching Covid.
These safety concerns mostly related to client interactions at the practice either during the day or out-of-hours.
Many respondents experienced conflict between their personal wellbeing and professional role, and found it difficult to juggle their work and caring responsibilities.
Many respondents also said their mental health was adversely affected by the experience of working during the pandemic.
A large majority of respondents said they had personally seen an increase in caseload due to new animal ownership.
Lizzie Lockett, RCVS CEO, said: “While many of the results of the survey may not be especially surprising and confirm what we have already been told anecdotally, it is very important that we have this hard data to hand on the overall impact of the pandemic on individual members of the professions.
“These two reports complement the six surveys that we have conducted with veterinary practices on the economic impact of the pandemic to give us as clear and holistic a picture as possible about the challenges that the professions and the veterinary sector as a whole have faced since March 2020.
"This not only provides a useful historical snapshot, but builds an evidence base to inform future temporary changes should the pandemic continue into more waves, or should future such crises arise.
“The results of the two individual surveys make it clear it has been a tough time for the professions.
"A good proportion of respondents also acknowledged that positive developments have come from the past two years, including the way the profession has demonstrated remarkable resilience, flexibility and adaptability, as well as forging a stronger team spirit under such difficult circumstances.
“However, a large number of both vets and vet nurses who responded said that the experiences since March 2020 have left them feeling more pessimistic about veterinary work and their place within it.
"I would like to reassure members of the veterinary team that the RCVS is aware and understands.
"We tried throughout the pandemic to support the professions with relevant temporary guidance changes, and we are now working with a range of stakeholders on critical issues such as the workforce crisis, which has been in part caused by Covid.
"We are also developing tools, training and resources to support the professions, via our programmes such as RCVS Leadership and Mind Matters.”
The full coronavirus impact survey reports can be found at www.rcvs.org.uk/publications.
The meeting follows growing concerns expressed both within the profession and in the national media about the shortage of veterinary surgeons in the UK.
Lizzie Lockett, RCVS CEO (pictured right), said: “Workforce shortages within the veterinary sector has been a concern for some time, however, in the past few months there has been a ‘perfect storm’ of circumstances, which have come together to exacerbate the problem. The issues include the ongoing impact of the pandemic, burnout and fatigue within the profession; the UK’s exit from the European Union, which has seen a significant reduction in the number of EU vets joining the Register as well as an associated increase in the need for veterinary certification; and an increase in pet ownership, and therefore demand for veterinary services, over the course of the pandemic."
In advance of the meeting, which is due to be help in November, the College will be conducting research to better gauge the extent of the problem both nationally and regionally.
The meeting will then consider how recruitment, retention and return to work might address the problem.
Lizzie added: “While there has already been a lot of focus and discussions around recruitment and retention, something less spoken about is return, and the summit will consider the reasons why members of the profession may move away from clinical practice, and if there’s more scope for different ways of working that could bring people back into clinical practice.
“Ahead of the summit we will be reviewing all the latest data that we and other organisations have shared to better understand the gap between capacity and demand, the push and pull factors on decisions to either join or leave clinical practice and build a more evidence-based picture of veterinary workforce trends.”
The summit itself, the date of which is yet to be confirmed, will involve key veterinary stakeholders including the veterinary schools, veterinary employers and representative bodies, coming together to ensure that there will be a joined-up approach in finding solutions to the issues confronting the profession.
Lizzie said: “It may not necessarily be easy to identify all the solutions in one day, and they won’t all come from the RCVS, but opening up the conversation and getting the professions focused on taking appropriate action is an important first step.”
Meanwhile, RCVS President Kate Richards this week wrote to all vets and nurses to reassure them them that the RCVS was aware of the problem and the additional pressures they are under as a result.
In the letter she wrote: “In the face of current shortages, I would like to stress that we support practice teams in prioritising cases strictly according to the health and welfare needs of their patients, and in informing their clients of the need to do so.
“We would also urge veterinary surgeons to share their caseload as much as possible, delegating permitted procedures to their veterinary nurse colleagues wherever appropriate to do so.
"And, we would like to remind veterinary surgeons that their current 24/7 emergency cover obligations, as set out in the RCVS Code of Professional Conduct, are limited only to taking steps to provide 24-hour emergency first-aid and pain relief to animals according to their skills and the specific situation."
She also added that, while members of the profession may be anxious about a potential increase in the number of concerns being raised by clients because they are not able to offer the level of service they would ideally like to, the RCVS would always take into account the entire circumstances surrounding a complaint as part of its investigation process.
She also said that the College would also continue to raise awareness amongst animal owners of the acute challenges currently facing veterinary teams around the country, and to request their ongoing patience and understanding.
To assist the profession, a series of FAQs have been produced to help with different situations that vets may encounter at the moment, particularly around the provision of 24/7 emergency cover, and to provide further guidance on delegating procedures to veterinary nurses. These can be found at: www.rcvs.org.uk/news-and-views/news/
Neurodiversity Celebration Week is a worldwide initiative that challenges stereotypes and misconceptions about neurological differences, and the neurodiversity resource hub (www.vetmindmatters.org/resources/) aims to help members of the veterinary professions better understand how, for over one million people in the UK, neurological differences mean they learn and think in a way that is different to what is considered ‘neurotypical’.
Among the resources contained in the hub is information about neurological conditions closely associated with neurodivergence such as attention deficit hyperactivity disorder (ADHD), autism, dyspraxia and dyslexia, as well as information for employers about neurodiversity, including inclusive working tools and sources of government support.
A new ‘kite’ with six new modules are also being added to the MMI Kite App – a specialist microlearning platform for topics related to veterinary wellbeing – that deal specifically with issues related to neurodiversity. The six modules cover: what is neurodiversity; the importance of talking about neurodiversity; different types of neurodiversity; bespoke considerations for neurodivergent individuals; how neurodivergence can lead to innovation through thinking differently; and, exploring further how different brains work and how we can make our brains work best for us.
The College is also publishing a blog on the resource website by Dr Kirstie Pickles, Clinical Assistant Professor in Equine Medicine at the University of Nottingham, about her current MMI-funded research investigating the various workplace stressors that affect autistic veterinary professionals and what adjustments can be introduced to mitigate these stressors.
Lastly, at BSAVA Congress on Saturday 26 March between 3pm and 4pm, the RCVS has organised a discussion session on neurodiversity.
The discussion will be led by Roxanne Hobbs, a consultant in workplace inclusion particularly around neurodiversity, and will look at how to nurture and cultivate neurodiversity in the veterinary professions.
Lisa Quigley, Mind Matters Manager, said: “As a project focused on the mental health and wellbeing of veterinary professionals, the Mind Matters project has a commitment to recognising and providing a space for all forms of diversity, and so we are very glad to be supporting Neurodiversity Celebration Week again this year.
“We hope that our neurodiversity resource hub and our other initiatives during Neurodiversity Celebration Week will be useful source of information for everyone and will aid people in understanding neurodivergence, how it can manifest and how it can be supported in the workplace and educational settings.”
Andreea Maria Bacaintan was convicted by the Bucharest Court of Law in October 2017 of bribing a professor during her final year at university in order to pass an examination, a charge to which she had pleaded guilty.
Miss Bacaintan was fined and sentenced to a period of one year and four months' imprisonment, suspended for two years, with requirements for supervision and unpaid community service work. The case against Miss Bacaintan was that this conviction renders her unfit to practise veterinary surgery.
However, the Committee also heard and accepted that Miss Bacaintan had been the victim of a dishonest scheme perpetrated by members of staff at the University to extort money from students before they would let them pass the exam.
At the outset of the hearing the respondent admitted the facts as contained in the charge and that her conviction rendered her unfit to practise veterinary surgery. However, notwithstanding Miss Bacaintan’s acceptance that she was unfit, the issue of whether or not she was fit to practice remained one for the Committee’s judgement.
The Committee considered whether or not Miss Bacaintan’s conduct amounted to serious professional misconduct. In coming to its decision, the Committee took into account the submissions it had heard from Nicole Curtis, acting for the College, and from Miss Bacaintan, who represented herself.
Ms Curtis submitted that the nature and circumstances of the offence, which involved an element of dishonesty and which led to the conviction, were such as to render Miss Bacaintan unfit to practise as a veterinary surgeon in the UK. Miss Bacaintan’s conduct was also liable to have a seriously detrimental effect on the reputation of the profession, as it undermined the examination system.
The Committee also considered the mitigating factors associated with the conviction, namely that this was a single, isolated incident and that Miss Bacaintan was clearly the victim of a dishonest scheme perpetrated by staff at the University.
Considering both the aggravating and mitigating factors, the Committee was satisfied that Miss Bacaintan’s conduct fell far below the standard expected of a Registered Veterinary Surgeon.
The Committee then considered what sanction to impose on Miss Bacaintan. In doing so it took into account some of the written testimonials submitted on her behalf. The Committee was satisfied that Miss Bacaintan understood the magnitude of what she had done and was highly unlikely to repeat her dishonest behaviour.
Speaking on behalf of the Committee, Ian Green said: "This was a truly exceptional case where, whilst she had been dishonest, which the Committee in no way condoned, she had felt compelled to act in this way. The Committee was persuaded that Miss Bacaintan had herself been the victim of a corrupt system and had acted out of desperation in the final stages of her degree and with the genuine fear that if she did not “play the game” she would not graduate, thereby throwing away six years of hard work.
"It was notable that she did not succumb to the corrupt scheme until the third time of trying to pass this exam. It was clear from the evidence that she was not alone in paying up to try and pass this exam and that at least 30 and possibly many more students had done the same thing."
In such circumstances and with the significant mitigation, the Committee decided that the appropriate and proportionate sanction was to reprimand Miss Bacaintan and to warn her about her future conduct.
Based on the reported facts, what I'd like to know is why the DC even reprimanded a veterinary surgeon who was clearly being extorted herself, and what action was taken against the University staff?
The Committee’s full facts and findings can be found at www.rcvs.org.uk/disciplinary
The Disciplinary Committee had found Dr Schulze Allen guilty of four charges, namely that he had been convicted of the criminal offence of petty theft in the US which rendered him unfit to practise, and that on three subsequent occasions, twice to the RCVS and once to a notary in California, dishonestly represented that he had no criminal convictions.
Following the DC hearing, Dr Schulze Allen submitted an appeal to the Privy Council. The basis of his appeal revolved around whether, under Californian law, his conviction for petty theft was a conviction for a criminal offence or an infraction, and whether an infraction under US law was a criminal offence.
The RCVS had argued that while the theft is not a criminal felony in California, it would be considered so under English law.
However, the Board of the Privy Council which heard the appeal – comprising Lords Wilson, Carnwath and Lloyd-Jones, found the College had not proven beyond all reasonable doubt that Dr Schulze Allen was convicted of a criminal offence under Californian law. It therefore upheld his appeal against the DC’s finding that he had committed a criminal offence.
The Privy Council then considered Dr Schulze Allen’s appeal against the third and fourth of the charges against him - that he was dishonest in his representations to the College that he did not have a ‘criminal’ conviction and did not have a ‘criminal record’. The Privy Council found that, since the conviction for petty theft was an infraction, and was not a criminal offence and did not leave Dr Schulze Allen with a criminal record, then, strictly speaking, his representations to the RCVS were not false and so upheld his appeal against these two charges.
The Privy Council then considered Dr Schulze Allen’s appeal against the College’s second charge against him. This charge was that he had, in a written application for restoration to the Register, represented that he did not have any cautions, criminal convictions or "adverse findings". The College argued that he still had a responsibility to make a full and frank disclosure about his infraction, even if it did not meet the threshold of ‘criminal’ under Californian law.
The Board of the Privy Council said it had, on Dr Schulze Allen’s behalf, done its best to identify some argument that his conviction for a petty theft infraction did not amount to an "adverse finding", but failed. Rather, it found that "the conviction obviously amounted to an adverse finding."
The Board added that "there is no material by reference to which the Board [of the Privy Council] can depart from the [Disciplinary] Committee’s conclusion that, in answering “no” to that question, he knew that his answer was untrue. In other words, his denial was dishonest."
The Board therefore allowed the appeal against the DC’s conclusion on the first, third and fourth charges. But it dismissed the appeal against its conclusion on the second charge, namely that in that regard Dr Schulze Allen had been guilty of disgraceful conduct in a professional respect."
The Board then set aside the original sanction, that Dr Schulze Allen be removed from the Register, and tasked the Committee with identifying the appropriate sanction in relation to the second charge.
The Disciplinary Committee will now hold a further hearing to decide the sanction, at some time in the future. In the meantime Dr Schulze Allen remains on the Register of Veterinary Surgeons.
Part of the VN Futures project, the lunchtime webinars will be delivered between February and June 2020 via the Webinar Vet, and the College is encouraging all nurses, veterinary surgeons, practice managers and owners to attend, as it says the webinars will benefit the whole practice team.
All three webinars take place at 12.30pm and last one hour. They are as follows:
Tuesday 4 February 2020 – ‘Maximising the potential of the veterinary nurse’ presented by Louise Northway RVN, BVNA Council member and recipient of the RCVS Inspiration Award. The webinar will give an overview of the role of veterinary nurses under Schedule 3 of the Veterinary Surgeons Act, how VNs can develop their role in practice and take on extra responsibilities and how VNs can approach these conversations in practice through the creation of learning and development plans. This webinar will illustrate how fully utilising the nursing team not only hugely boosts the morale of the work force, but also enhances patient care and increases the efficiency of the business.
Tuesday 10 March 2020 – ‘Veterinary nurses’ time is valuable: How and why to charge for it’ presented by Stephanie Writer-Davies MRCVS, Career Progression Working Group member, and Jane Davidson RVN, VN Council member and regular blogger on veterinary nursing issues. This webinar will provide examples and case studies of how veterinary nurses contribute to practice finances, how practice pricing structures can be developed so that the financial value of veterinary nurses’ time and effort can be better highlighted, and how veterinary nurses can demonstrate their value to clients.
Tuesday 23 June 2020 – ‘Lead or Head RVN: What’s in a name?’ presented by Gillian Page RVN, President of the Veterinary Management Group. This webinar will look at the role of the traditional Head RVN and how development of ‘Lead RVNs’ in different areas of practice can help to allow for growth of other talented team members and provide increased and shared responsibility and progression. This webinar will explore how this enhances practice efficiency alongside development of team members, thus increasing job satisfaction and, ultimately, retention.
Racheal Marshall, Chair of RCVS Veterinary Nurses Council and the VN Futures Board, said: "We hope that veterinary nurses will engage with these webinars in order to gain some inspiration about how they can truly show their value to their team, their clients and the wider public.
"The VN Futures research clearly demonstrated that there was a desire from the veterinary nursing profession to find ways in which VNs could gain greater recognition for the work they do and progress in their careers. These webinars, and our talented presenters, will provide many practical examples and case studies on how this can be done, help build confidence and highlight opportunities for further learning and development."
To sign up to the free webinars visit https://www.thewebinarvet.com/sponsors/VN%20Futures.
The charity reports that 2020 was its busiest year ever, with 3,921 calls to its Helpline - a 25% increase over 2019.
Similarly, Vetlife's Health Support service saw a record number of referrals in 2020. There were 190 referrals made over the year, compared to 149 in 2019.
At the same time, the charity says it has seen a decrease in income, putting a strain on its resources. The pledge from the RCVS comes in addition to the annual donation of £100,000 made by the Mind Matters Initiative towards the Health Support service. On top of this, the Mind Matters Initiative also helps to fund other essential running costs for the charity, including the Helpline call directing service and by its contribution to the annual Helpline training for volunteers.
Graham Dick, Vetlife President (pictured right) said: “The last 12 months have brought significant challenges for Vetlife as restrictions in fundraising have combined with a significant uplift in demand for our Vetlife Helpline and Health Support services. Against this background the substantial ongoing financial support provided by the RCVS through MMI, both for the costs of professional mental health support and for the necessary call-handling facilities which underpin our Helpline, continues to be an invaluable contribution to the wellbeing of the veterinary community we serve."
The first change has been made to paragraph 1.6 which now advises general practitioners to check whether the vet they are referring a case to is on the RCVS Specialist or Advanced Practitioner list, explaining the difference to the client and what sets them apart from other vets who might be prepared to accept a referral.
Also, practitioners who accept a referral should provide information to the referrer about the experience and status of those likely to be responsible for the case.
The guidance about conflicts of interest in paragraph 1.7 has also been amended such that referring surgeons should tell clients if they are referring their case to a practice owned by the same group.
There is new guidance about how vets and nurses talk about referral practitioners, with the new advice being to focus on accepted terms such as 'RCVS Specialist' and 'RCVS Advanced Practitioner', and avoid more general terms like 'referral surgeon' or 'consultant' to avoid confusion or implying that individuals hold more qualifications than they do.
Lastly, there is new guidance that vets may only use the name 'Specialist' in the name of their practice where there is genuine and meaningful involvement, and oversight, in case management by at least one RCVS specialist in all disciplines where any clinical services are offered under this business name.
https://www.rcvs.org.uk/setting-standards/advice-and-guidance/code-of-professional-conduct-for-veterinary-surgeons/supporting-guidance/referrals-and-second-opinions/
The new changes are being introduced in the following phases:
The new Environmental Sustainability Award allows practices to demonstrate that they have embedded environmentally sustainable behaviours and are excelling with their sustainability goals.
The Award includes points for reducing waste, consolidating medicines orders and minimising drug wastage, and calculating the practice’s carbon footprint and setting reduction targets.
The changes and additions to the standards at Core Standards and General Practice level cover the sustainability of a wide range of practice areas, including requiring a sustainability policy, communicating sustainability achievements, and minimising anaesthetic gas usage.
As well as improving environmental sustainability, the new and amended standards also include requirements to help make practices more socially sustainable, through measures including increasing diversity and inclusion.
The PSS has produced a list of resources to support veterinary practices with meeting the new environmental sustainability standards and implementing sustainable practices in general.
Mandisa Greene, Chair of the Practice Standards Group, said: “We want to assure PSS-accredited practices that the new standards won’t mean an overhaul of ways of working or result in expensive investment in resources.
"Instead, the standards explain ways that practices can increase their sustainability by putting in place new measures gradually over the next 12 months, in time for them becoming mandatory.
"As with all standards updates, the PSS team are always available to answer any questions that practices have and anyone who is unsure about how to apply them is encouraged to get in touch with the PSS team.”
During the last Standards Committee meeting, there were also several approved clarifications to the standards in the form of guidance notes and minor changes across a range of accreditation levels.
These include updates to the guidance notes for requirements on sterilisation of dental instruments, environmental swabbing of clinical areas, and anaesthetic monitoring.
The new version of the standards that includes all the latest changes, and a separate document listing all the updates, are available to download here: https://www.rcvs.org.uk/setting-standards/practice-standards-scheme/additional-resources
Any questions from practices about the updates can be sent to the PSS team at pss@rcvs.org.uk
Fourteen veterinary surgeons stood for election this year and 8,542 voted, a turnout of 24.5% of eligible voters. That compares with a turnout of 26.2% in 2020, 25.5% in 2019 and 22.7% in 2018.
Danny scored a total of 4,759 votes, leaving the other successful candidates Tshidi Gardiner, Colin Whiting and Louise Allum nevertheless trailing in his wake, with 3,228 votes, 2,957 votes and 2,368 votes respectively.
The VN Council election also had 14 candidates standing for one elected place, the other having been taken by Susan Howarth RVN who was automatically re-elected as the only candidate standing at the time of the original deadline in January.
Donna Lewis was elected with 404 votes from those cast by 2,341 veterinary nurses, which amounted to a turnout of 12.4% of eligible voters. That compares with a turnout of 17.1% in 2020, 14.5% in 2017 and 10.9% in 2016.
All of those elected to either RCVS or VN Councils will formally take up their seats at the RCVS Annual General Meeting on Friday 9 July 2021.
Eleanor Ferguson, RCVS Registrar and Returning Officer for both elections, said: “Thank you to all those who stood as candidates and all those who voted in this year’s elections, especially in view of all the extra demands on everyone’s time at the moment. Many congratulations to our five successful candidates with whom we look forward to working over the coming months and years.
“Even though the elections were held during the ongoing pandemic, the RCVS Council election still produced the third highest turnout on record, and turnout in both elections was above the average for those held over the last ten years.
“As always, we made concerted efforts to let people know about this year’s election, which included additional reminder emails sent on behalf of the RCVS by our election provider Civica Election Services, as well as regular email reminders and social media posts from the RCVS. We do, of course, always endeavour to improve turnout, and will continue to review this going forward.”
Photo: Left to right, Danny Chambers, Tshidi Gardiner, Colin Whiting and Louise Allum.
The College says the reforms will make for a clearer and more streamlined process, and offer an alternative, more compassionate way of resolving cases that might otherwise go to a full Disciplinary Committee hearing.
The College will now establish ‘Stage 1 Preliminary Investigation Committees (PICs)’ to replace the current Case Examiner Group stage of the concerns investigation process.
Eleanor Ferguson, RCVS Registrar, said: “Setting up Stage 1 PICs will streamline and clarify the early stages of the concerns investigation process and could also potentially, once sufficiently bedded in, reduce the amount of time taken for a number of cases.
“Currently, Stage 1 of a concerns investigation is carried out by a Case Examiner Group who determine if there is an ‘arguable case’ for serious professional misconduct before referring it on to the Preliminary Investigation Committee.
"However, under these reforms, the Stage 1 PICs will close cases where there is no realistic prospect of finding a case of serious professional misconduct.
"Where cases require formal statements and/or expert opinion they will be referred on to Stage 2 PIC to determine if, based on the additional evidence gathered, a case is serious enough to warrant referral to either the Charter Case Committee [see below], or a full, public Disciplinary Committee hearing.
“In essence this change means that there will be one consistent threshold of seriousness in all our investigations, meaning it is likely that fewer cases will be unnecessarily referred to Stage 2 of the process.”
The second reform involves the implementation of the new ‘Charter Case Protocol’ to provide an alternative way to resolve suitable cases meeting certain criteria which, though they meet the threshold to go to the Disciplinary Committee, it is considered that the public interest can still be served without a full hearing.
The ‘Charter Case Committee’ to which these cases will be referred will be able to issue written warning notices.
Eleanor added: “The establishment of the Charter Case Protocol and Committee is important for the RCVS in being able to get the balance right between upholding professional conduct standards and protecting animal health and welfare and public confidence in the professions, while also being a compassionate regulator.
“The type of cases we envisage being dealt with by the Committee are those where the conduct of the veterinary surgeon or veterinary nurse has fallen far short of what is expected of them under the Code, but where there is no ongoing risk to animal welfare or public confidence, and where the level of insight and contrition about their conduct is such that it can be resolved without the need for an onerous, stressful and expensive Disciplinary Committee hearing.
"We estimate that the Charter Case Committee will deal with around 20 such cases per year.
“Of course, the most serious cases of professional misconduct, for example around dishonesty and criminality, will continue to be referred to Disciplinary Committee hearings.
“It is worth noting that Charter Case Protocol and Committee are working titles, describing the fact that we are implementing this process under the remit of our Royal Charter.
"RCVS Council has agreed that the name should be changed in due course to something that better reflects its function and remit."
Unlike the Disciplinary Committee, the Charter Case Committee will not issue to the press the full details of cases as a news article.
Instead, it will publish a warning notice on the RCVS website summarising the area of concern, the relevant sections of the Code that were breached and supporting guidance it referred to, and the reasons for issuing the warning.
These warning notices will remain on the RCVS website for a maximum of two years and will not change the registration status of the individual.
The College says that the reforms are likely to take some months to implement and it will be looking to recruit additional Preliminary Investigation Committee members in due course.
The proposal seems to have its roots in the First Rate Regulator initiative announced by Nick Stace in November 2012. As part of the initiative, the College commissioned Sally Williams and Associates to conduct research amongst stakeholders and report back with recommendations for being a first rate regulator.
One of those recommendations was to move to the civil standard of proof (page 33/34 here). There is no stated rationale for this recommendation, other than: "The majority of other professional regulators have moved to the civil standard of proof".
Nevertheless, the recommendation then found its way into the RCVS 2017-2019 Strategic Plan.
The proposal was then mentioned in the published summary of the Legislation Working Party's meeting in December 2017:
"In considering reform to the disciplinary process, the Registrar noted that the RCVS is one of the only regulators (and the only healthcare-based regulator) still using the criminal standard of proof (‘beyond all reasonable doubt’) when determining the facts of a case. Most other regulators used the civil standard of proof (‘on the balance of probabilities’) when making their determinations. Consideration of moving to the civil standard has also been carried over from the College’s previous Strategic Plan and the Registrar agreed to review the last six months’ cases to assess what the likely outcome of those cases would have been under the civil standard, and the cost of change. The Working Party also decided to contact other regulators about their disciplinary processes, in order to gather information about their experiences of what does and does not work, both for long-standing issues and new reforms."
The proposal then resurfaced last week in the Veterinary Record, which reported that the College is in 'advanced discussions' about adopting the lower standard (Standard of Proof for disciplinaries could change).
The College has now issued a statement to VetNurse.co.uk as follows:
"The Royal College of Veterinary Surgeons (RCVS) is currently very much in the minority of regulators still using the criminal standard of proof ('beyond all reasonable doubt') in its disciplinary proceedings, rather than the civil standard of proof ('on the balance of probabilities').
"By comparison, all nine of the healthcare regulators in the human field (as overseen by the Professional Standards Authority) have moved to the civil standard, as have other regulators such as the Bar Standards Board and the Solicitors Regulation Authority.
"In our last two strategic plans we have committed to considering whether or not the RCVS should change the standard of proof in line with other regulators and these discussions have been taking place as part of the ongoing deliberations around legislative reform.
"A change to the standard of proof would require an amendment of our 2004 Procedure and Evidence Rules via the Privy Council rather than new primary legislation, but we would consult with the profession before any such changes were made and, at present, this matter has not been put before RCVS Council for a decision."
So, as it stands now, no evidence has yet been presented to the profession which supports the need for - or benefits of - a change to the standard of proof required in disciplinaries. The idea that it should be done simply because 'that's what the other regulators are doing' does not hold water. The veterinary profession is unique. According to the College's own research, it enjoys a remarkably high level of trust amongst the public. But at the same time, it also suffers one of the highest suicide rates.
Clearly Council will need to reflect extremely carefully on whether the members of such a widely trusted profession should face an even greater threat of losing their career, particularly when they seem to be at such a risk of vexatious complaints, fear of a disciplinary is already so high, and the consequences of this change on mental health in the profession could be so profound.
It may even be true to say that lives could depend on this decision.
The dispensation was brought in during the spring 2020 lockdown to safeguard animal health and welfare, the health & safety of the veterinary team, and public health, by allowing prescriptions to be made by veterinary surgeons without having first physically examined the animal.
Since it was brought in, the temporary dispensation has been under constant review and, in September, was extended to midnight on Sunday 31st October 2021.
Last week, the Standards Committee met and decided to end the dispensation, although it has put back the end date for the guidance to midnight on Sunday 21 November to allow sufficient time for veterinary practices to change their protocols and policies accordingly.
Melissa Donald, RCVS Junior Vice-President and Chair of the Standards Committee, said: “Due to a number of factors, including evidence that there has been a decline in the amount of remote prescriptions taking place, the Committee took the decision to end the dispensation, albeit with a three-week extension period to allow those practices that are still prescribing remotely to change their policies, inform their clients and so on.
“While the dispensation is ending, it is worth noting that it will still be kept under review in light of any changes in the circumstances around the pandemic, including government advice and regulations.”
The full details about the temporary dispensation can be found at: www.rcvs.org.uk/coronavirus.
Those with any questions about the guidance should contact the RCVS Standards & Advice Team on advice@rcvs.org.uk or 020 7202 0789.