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74-year-old Ms Nicholls, who retired over two years ago, faced three charges against her regarding the surgical removal of a microchip from a cat in December 2021, the failure to disclose the procedure to her employer and associated accusations of dishonesty.
At the outset of the hearing Ms Nicholls made an application to adjourn the hearing while undertaking to voluntarily remove herself from the Register, to never seek to reapply to join the Register and to supply a witness statement in respect of a separate RCVS investigation into the conduct of a veterinary surgeon.
Her application was made on the basis of her age, the fact that she had a 40-year unblemished career in veterinary nursing, that she has retired, that she had referred herself to the College and engaged with the investigation process, that she had undertaken the procedure under the direction of a veterinary surgeon, that there was no financial gain and that the alleged misconduct related to a single animal.
The RCVS did not oppose the application.
Dr Kathryn Peaty MRCVS, chairing the Committee and speaking on its behalf, said: “The Committee noted that the respondent has a long and unblemished career, also that she had self-referred and cooperated with the College and was prepared to act as a witness in other proceedings.
"However, it regarded those matters as going to the proper conduct of a professional and not of particular weight in the application.
“Although the Committee noted that the evidence tended to show that the respondent had acted at the direction of a veterinary surgeon, it considered that this did not outweigh the respondent’s own professional obligations in the relevant events.
"Further, this factor did not touch on the dishonesty allegation.
“The Committee did, in the respondent’s favour, place weight on the fact that this had been a singular event of clinical failing during the course of a long career.
"Further, the associated dishonesty the Committee assessed at being at the lower end of the scale, on the face of the College’s evidence.
"It considered that the expectation that veterinary nurses act with honesty in working with others was important, and so the lack of financial benefit did not have a great deal of impact, given the circumstances.\
“However, the Committee noted that the respondent had eventually corrected the understanding of her employer and admitted what she had done.
"Importantly, it was clear that the respondent had admitted her failings to the College in her subsequent dealings with the College.”
She added: “Taking all matters into consideration and in particular the singular nature of the clinical event and dishonesty at the low end of the scale, the Committee placed weight on the fact that removal of the respondent’s registration together with an undertaking to never re-apply exceeded the potential sanction which could be imposed, following any hearing.
"The Committee also brought into the balance the respondent’s own interests, in not continuing to be subject to the proceedings.
"The Committee also noted that the College did not oppose the application.
“The Committee considered that an informed member of the public, if aware of the full facts of the case and the application, would not be alarmed or concerned if the application is granted and public confidence in the profession would not be undermined.
"The Committee decided to accede to the application and accept the respondent’s undertakings.”
www.rcvs.org.uk/disciplinary
Dr Radev faced three charges concerning his treatment of an American Bulldog in 2021.
The first charge, which contained a number of sub-charges, was that he failed to provide appropriate and adequate care to the animal.
The second was that he failed to keep adequate records.
The final charge was that his failure to keep records was misleading and dishonest.
At the outset of the hearing Dr Radev admitted that, having recognised free fluid in the dog’s abdomen, he failed to take adequate and appropriate action and failed to aspirate the dog’s abdomen with regards to the possibility of it having septic peritonitis.
He also admitted writing the clinical notes approximately two months after the event.
After considering and rejecting an application by the RCVS to amend and withdraw elements of the first charge, the Committee then considered each of the remaining sub-charges in turn.
Sub-charge 1(a) was that Dr Radev repeatedly administered meloxicam to the dog when it had recently undergone intestinal surgery and had a recent history of vomiting.
The Committee found that this was not proven.
Dr Radev said it had been administered just once and the Committee was not satisfied so as to be sure that it was repeatedly administered.
Sub-charge 1(b) (i) was that Dr Radev failed to recognise free fluid in the dog’s abdomen as shown on an ultrasound scan.
The Committee found this not proven.
Sub-charge 1(c) (i) was that Dr Radev failed to recognise the possibility of septic peritonitis in the dog.
Sub-charge 1(e) was that Dr Radev failed to provide a full medical history when referring the dog to a different practice.
The Committee found the charge not proven.
Regarding charge 2 (ii), that Dr Radev had failed to include in clinical records a reference to the colonotomy surgery, the Committee found this charge not proven as it had been provided with clinical records disproving this charge.
Finally, regarding both aspects of charge 3, namely that Dr Radev had acted misleadingly and dishonesty, the Committee found this not proven.
The Committee then considered whether the charges that Dr Radev had admitted amounted to gross misconduct in a professional respect.
In all cases it found that, while Dr Radev’s conduct had fallen below what was expected of veterinary professionals, it did not fall so far below as to constitute serious professional misconduct.
The group will also be supporting members in how to reflect on their CPD as a way of consolidating learning, and considering plans for how the benefits of CPD and the VetGDP can be communicated to the professions.
RCVS Council member Dr Olivia Cook MRCVS will be chairing the group.
She said: “The Engagement Group has been set up in recognition that, although the majority of the professions are engaged with meeting their CPD requirements and completing the VetGDP, there are still those who feel confused about the requirements or remain uncompliant for other reasons, and we would like very much to help them.
“Therefore, this is an exciting opportunity for anyone who wants to play an active part in advancing veterinary standards by ensuring that as many members of the professions as possible have the benefits of lifelong learning in their own practice and their ongoing work for animal health and welfare. In doing so they will help grow public confidence in the professions.
“From the VetGDP perspective, we’re particularly keen that there’s a strong peer-to-peer element, so that those who are doing the VetGDP, or have just recently completed it, are using their recent experience and understanding to evolve the policy and drive engagement.”
Applicants who are interested will have until Friday 30 August to apply to become members of the CPD and VetGDP Engagement Group and are invited to send a concise email to CPD@rcvs.org.uk explaining their experience and how they feel that can contribute to work of the committee.
All veterinary surgeons, nurses and students over the age of 18 were invited to participate by email, which elicited 2,781 complete responses and a further 631 partial responses, 1682 from vets, 328 from vet students, 1,369 from nurses and 553 from student vet nurses.
80% of respondents were female, 16.8% male, 1.4% non-binary, 0.8% genderfluid and 0.9% preferred not to say or to self describe.
93.3% were white, 2% were Asian or Asian British, 0.6% were black, black British, Caribbean or African.
The remainder identified as 'other ethnic group', mixed or multiple ethnic groups, or preferred not to say.
90.4% of participants worked within clinical veterinary practice, three-quarters in small animal practice.
Almost two-thirds worked part time.
Paradoxically, although around 50% of respondents described their physical or mental health as 'good' or 'very good', 75.6% considered themselves to have at least one disability or chronic condition (61% chronic, 48% physical, 39% mental health and 30% neurodivergent).
Female veterinary surgeons were significantly more likely to suffer from a mental health condition (48.3%) than males (19.2%).
Mental health conditions were far more common amongst the young (51% of those aged 18-29), than the old (28% of 50-59 year olds, declining to 9% of 70-79 year olds)
Veterinary nurses were more likely to say they have a mental health condition (47.3%), than veterinary surgeons (27.9%).
As with mental health, the proportion of respondents identifying as neurodivergent decreased with age (42.3% of respondents aged 18-29 vs 6.7% of those in the 70-79 age group).
Whilst overall, 29.8% identify as neurodivergent, the figure was notably higher (83.3%) amongst those who identify as non-binary or genderfluid.
The number of people with a physical condition varied less with age and gender, although of course, broadly speaking, age brings with it an increase in physical problems.
60% of participants said they are affected by their disability/chronic condition every day, and 68% agreed or strongly agreed that they had to make significant changes to their life to continue working.
The most frequently reported symptoms of disability/chronic condition were mental health (45.2%), pain (36.4%), learning, understanding or concentrating (33.8%), and stamina or energy limitations (32.3%).
When asked if they were treated different at work because of their disability or chronic condition, 49.5% said they had not and 34.7% said they had.
Of those who felt they had been treated differently, 45% thought that disclosing their condition had contributed to this.
18% of those in education and 36% of those in work said they had experienced discrimination, bullying or harassment because of their disability/chronic condition.
Discrimination, bullying or harassment was more likely to be reported by those with a mental health condition or who identify as neurodivergent (47% and 46%), than those with a physical or chronic condition (38% and 37%)
Perceived discrimination, bullying or harassment was most likely to have come from managers (76%) and colleagues (64%) compared to clients and 'other' (15%).
63% of respondents believed there was a strong or moderate understanding of the Equality Act at their workplace but 12% thought their employer had no knowledge or understanding.
45% thought their employer had strong or moderate understanding of the Access to Work scheme, while 27% reported no understanding at their workplace.
Examples of good practice were given by some respondents about their existing or previous workplaces. These included reasonable adjustments such as adjusted working hours, environment and task adaptations, alongside good communication, support (from colleagues, managers and external sources), and additional resources.
Gurpreet Gill, Leadership and Inclusion Manager at the RCVS, said: “While there are some sobering elements in this report, and some clear and unfortunate examples of poor practice and discrimination, the overwhelming feeling is that there is goodwill and a desire to help people out there in the professions, but sometimes a lack of understanding and knowledge on how best to do this.
"Of course, there are also some excellent examples of good practice in terms of putting in place adjustments and accommodations for employees and staff with disabilities, as well as for students on placements.
“Overall, this should be taken as a call for more members of the professions to familiarise themselves with the Equality Act 2010 (https://www.equalityhumanrights.com/equality/equality-act-2010) and its provisions.
Under this legislation, it is unlawful to discriminate against people with protected characteristics, including disability.
"The act sets out the legal requirement for workplaces and educational institutions, among others, to make reasonable adjustments to avoid disabled people being placed at a disadvantage.
“We will now be considering how we, as the regulator and Royal College, can best support members of the professions in understanding their rights and responsibilities under the Equality Act 2010, and what further training and education can be provided, looking at the RCVS Academy as a potential vehicle for doing so.”
Olivia Anderson-Nathan, a Director of BVCIS added: “Overall, the report demonstrates that although there are systemic issues that require a shift in workplace culture, there may be some relatively ‘easy wins’.
"For example, improving line manager knowledge of the Equality Act and providing reasonable adjustments that are typically inexpensive and simple to implement, such as providing seating and ergonomic equipment, and rota or shift changes.
"Many changes, like flexible working, will actually benefit everyone.
"Most importantly, employers and educators need to make sure that those with disabilities, neurodivergence, and chronic illnesses understand their rights and are given positive support to identify their needs.
"This means co-designing individualised adjustments and avoiding a one size fits all approach.
“BVCIS will continue our work to educate the profession, offering support and guidance for anyone not sure where to start.
"We also offer community support through our Veterinary Spoonholders Facebook page for disabled, chronically ill and/or neurodivergent people in the veterinary world so – please do come and join us if any of the experiences detailed in the report resonate with you.”
www.rcvs.org.uk/publications
Mr Shillabeer faced five charges which largely related to his alleged prescription of contra-indicated NSAIDs and corticosteroids.
He was also charged with prescribing frusemide to a pregnant dog when there was no evidence of a benefit of so doing.
He was also charged with performing inadequate spay surgery.
Mr Shillabeer did not admit to any of the charges, engaged with the College and responded to all requests for information, as well as being present in-person at the hearing.
He made an application to the Committee to dispose of the matter by way of adjournment, subject to the Committee accepting his written undertaking to remove his name from the Register and never to apply to be restored to the Register.
In support of his application, Mr Shillabeer’s legal counsel referred to his client’s witness statement, which set out that he had previously attempted to sell his practice but had been unsuccessful and that he had since closed it.
His legal counsel also asked the Committee to consider the fact that Mr Shillabeer is almost 85 years old and has had an unblemished 60-year career, has had no previous disciplinary findings against him, had put his practice up for sale and made efforts to guide his previous clients to ensure continuity of care elsewhere, and that he deeply regrets anything he has done, which has failed to protect the welfare of animals, or has caused concern or upset to his clients and fellow members of the profession.
Mr Shillabeer's counsel also asked the Committee to take into consideration that his undertakings would have the effect of protecting the welfare of animals and uphold the reputation of the profession as Mr Shillabeer is no longer in practice.
He stated it would be not proportionate, or in the public interest, for there to be a lengthy contested hearing resulting in substantial costs for both the RCVS and Mr Shillabeer.
The College’s legal representative stated that the RCVS did not oppose the application, and that it took a neutral stance.
She highlighted that Mr Shillabeer’s removal from the Register, together with his undertaking never to apply for restoration, would go far beyond anything the Committee could direct by way of sanction after a full enquiry, that Mr Shillabeer retired from practice on 23 July 2024 and does not intend to return, that a full enquiry would take a significant amount of time and expense, that the complainant supports the case being dealt with in the manner proposed by Mr Shillabeer, and that there are no previous findings against Mr Shillabeer.
Paul Morris, chairing the Committee and speaking on its behalf, said: “Taking into account the undertaking never to practice again, in conjunction with all of the circumstances and context set out, the Committee considered that by allowing the application, such an outcome would be sufficient to uphold the public interest, confidence in the profession and the RCVS as regulator, and protect the welfare of animals.
“As a result of all the factors set out, the Committee decided that this is not a case in which the public interest or the welfare of animals demands that there be a full hearing.
“Taking into account proportionality and weighing in the balance all the circumstances of the case, the interests of justice, the public interest, the need to uphold proper standards of conduct and performance, and the need to protect the welfare of animals, the Committee decided to grant the respondent’s application.”
Mr Shillabeer was removed from the Register with immediate effect.
https://www.rcvs.org.uk/concerns/disciplinary-hearings/
The webinar will discuss the importance of self-compassion and provide an overview of Katherine and Sarah’s research into the effectiveness of an online compassion focused therapy (CFT) intervention in improving the mental wellbeing of veterinary professionals.
Katherine and Sarah will also go into more detail about how to get the most out of a CFT course they have created, which will be made freely available for veterinary professionals on the Mind Matters website and on the RCVS YouTube channel .
Katherine said: “Our recent randomised control trial has shown the course to significantly improve resilience and self-compassion and reduce rumination and self-criticism amongst veterinarians.
"Therefore, Sarah and I are delighted to now be disseminating the CFT course freely to the veterinary professions, so that as many people are able to benefit from the evidence-based resource as possible.
“Even though our research was conducted on veterinary surgeons, we hope that the course will be useful to all those working in the veterinary team as the content can be applied in a number of contexts.
“Our webinar will explain more about our research, as well as some of the science behind the effectiveness of the course in a veterinary context.
"So, if you are interested in learning more about how CFT may be able to help you and your team, both in a personal and professional capacity, please do come along.”
Katherine and Sarah’s compassion focused therapy course will be made available on the Mind Matters website in due course. In order to access the online compassion course, individuals are invited to complete a short questionnaire before and after watching one 10-15 minute video each day for 14 days, with the aim of the video intervention being to develop self-compassion skills and reduce self-criticism.
https://vetmindmatters.org/events/
Linda gave her address at the Royal Institute of British Architects, venue for the RCVS Annual General Meeting last Friday.
Linda, an equine vet and director of the Wiltshire-based George Veterinary Group, said: “A Royal College and a regulator – it’s a challenge but this combined role is also an opportunity for us.
“In the time I’ve served the RCVS, I’ve definitely learnt some of what it takes to fulfil these roles under the remit of both the Veterinary Surgeons Act and our Royal Charter; to think not just from personal perspective and experience, and also to try to look beyond the needs of the profession today and consider what tomorrow might bring.
“Vets are not just one thing.
"The roles we fill in our working lives are many and varied, and I would argue that the MRCVS is the best placed arbiter of animal health and welfare.
"As such, keeping the MRCVS at the heart of decision-making around how veterinary care and services are provided is essential both to safeguard animal health and welfare and also to retain public trust in our work.
“Cultivating trust is a big part of what many of us do, day in and day out – trust in us from within our teams, from our clients and perhaps even from our patients.
“The RCVS with its two hats does a tough job for both the professions and the public.
"In many cases, the interests of the professions and the public align and there is no conflict.
"Of course, as a regulator where the interests don’t align, the RCVS regulates in the wider public interest and this, too, is a positive for us as a profession.
“Working in a regulated environment is a strength for us.
"The landscape in which we work has changed and the regulatory environment needs to change too. Now we are the other side of the general election, work can continue on legislative reform seeking parliamentary time for a new Veterinary Surgeons Act.”
As the 13th female President of the RCVS, Linda will lead an Officer Team comprising the now Senior Vice-President Dr Sue Paterson FRCVS, Junior Vice-President Professor Tim Parkin FRCVS and Treasurer Dr Tshidi Gardiner MRCVS as well as VN Council Chair Belinda Andrews-Jones RVN, who attends Officer Team meetings as an observer.
The course explains what to expect if you’re a veterinary nurse who has had a concern raised about them.
Clare Stringfellow, Case Manager in the RCVS Professional Conduct Team, said: "We appreciate that concerns can be very worrying, and we hope that, through this course, we can give vets and nurses a better understanding of the process and how to obtain additional support.
“The course will allow participants to understand the different stages involved and the key activities that happen at each point, as well as detailing some of the common concerns we receive and how these are dealt with.”
The CPD course, which includes film and audio content, takes about 30 minutes to complete.
https://academy.rcvs.org.uk
Mr Rushton was convicted of sexual assault after pleading guilty at Wood Green Crown Court in December 2022.
He was sentenced to 18 months’ imprisonment, made subject to a restraining order and a 10-year sexual harm prevention order as well as being placed on the Sex Offenders Register for 10 years.
He was also ordered to pay £3,000 costs and a £140 victims’ surcharge.
Mr Rushton did not attend the RCVS hearing, where the facts of the charge were proven by the certificate of conviction and the judge’s sentencing remarks.
In considering whether the conviction rendered Mr Rushton unfit to practise veterinary medicine, the Committee considered that the case involved the sexual assault of a vulnerable woman who was also a professional colleague, and was a serious abuse of trust, reflected in the custodial sentence.
Dr Neil Slater MRCVS, chairing the Committee and speaking on its behalf, said: “It was evident from the judge’s sentencing remarks that [the victim] had been seriously affected by the knowledge of what had occurred on that evening.
"That knowledge was bound, in itself, to be very distressing and according to the victim’s impact statement had a long- lasting impact on the victim’s self-esteem, resilience and relationship with others.
"The victim’s level of distress can only have been increased by the knowledge that the respondent had filmed and/or photographed his activity while she was unconscious and that the images were included on a memory stick which contained a number of other voyeuristic images.”
"The Committee was satisfied that the respondent’s behaviour had caused [the victim] significant psychological injury and carried with it a risk of causing such injury.
“The Committee was also satisfied that [the victim] was especially vulnerable because of the significant quantity of alcohol that she had consumed.
"In the circumstances that evolved, she was in the respondent’s care.
"The respondent abused the position of trust and responsibility that he occupied.
"He was a senior colleague, at a professional conference.
"Instead of taking appropriate steps to secure the welfare of [the victim], he used the position in which he found himself to engage in predatory sexual misconduct.
"Furthermore, his behaviour was opportunistic and, as the judge said, “clearly driven by [his] sexual desires."
Taking into account these factors, the Committee found that Dr Rushton was unfit to practise and next considered the sanction.
The Committee found no mitigating factors regarding the conviction but did take into account the fact there had been no previous regulatory findings against him.
In deciding the sanction, the Committee also noted that there was little evidence before them that Dr Rushton had shown serious insight into the impact of his offending.
Neil added: “In this context the Committee also noted that the respondent maintained a plea of not guilty until three days before a rearranged trial was due to take place, and subsequently advanced an account of what he said was his relationship with [the victim] which the judge found to be false.
“Taking all of these factors into account, the Committee is satisfied that removal from the register is the only proportionate outcome to this case.
"This sanction is necessary to declare and uphold appropriate standards of conduct for members of the veterinary profession and to maintain public confidence in the profession.”
https://www.rcvs.org.uk/concerns/disciplinary-hearings
Mr Fioletti was found guilty of the murder of Stephanie Hodgkinson at Bournemouth Crown Court in January, and was sentenced to life imprisonment with a minimum 15 years.
The hearing for Dr Fioletti took place on Thursday 6 June, with the Committee deciding to proceed in his absence after Dr Fioletti said in correspondence that he did not want to attend the hearing nor be otherwise represented.
The Committee found the facts of the case proven by the certificate of conviction and went on to consider whether the conviction rendered Dr Fioletti unfit to practise as a veterinary surgeon.
Aggravating factors in terms of fitness to practise included the fact that it was an offence involving violence and loss of life and the injuries caused by Dr Fioletti to Ms Hodgkinson.
The sentencing remarks, which were cited during the disciplinary hearing, also made clear the devastating impact that Dr Fioletti’s actions had on Ms Hodgkinson’s family, including her two young children.
Paul Morris, chairing the Committee and speaking on its behalf, said: “The Committee considers that, when consideration is given to the ferocity of the attack on Ms Hodgkinson and the number of stab wounds she suffered, when taken together with the finding by the sentencing judge, who presided over the trial, that the respondent “represent[ed] a significant danger to any female with whom you find yourself in a relationship”, members of the public would find it abhorrent for a veterinary surgeon to have acted in this way and would be concerned at the risk the respondent posed to some members of the public.
“This Committee considers that the offence of murder is so inherently deplorable and shocking that it must constitute conduct falling far short of that to be expected of a member of the profession; and is certainly liable to bring the profession into serious disrepute and undermine public confidence in the profession.”
The Committee then went on to consider the most appropriate and proportionate sanction for Dr Fioletti.
In terms of the aggravating factors in this case, Mr Morris said: “The misconduct in this case relates to a savage, sustained and ferocious attack with a weapon on a defenceless woman in her own home.
"His victim trusted him to be in her home.
"He knew that she was the mother of two young sons, of whom she had custody, and to whom he knew she was devoted.
"He would have known that the effect of his attack on her would have devastating consequences for her sons and her other close relatives – and it did.
"This conduct constitutes disgraceful conduct of the most egregious and reprehensible kind.
“The Committee also considers that the misconduct raises serious concerns about the reputation of the profession in the eyes of right-thinking members of the public.
"This was abusive and controlling conduct of the worst kind and conduct of which the respondent had been guilty of in past relationships, as the sentencing judge found.
"Such acts by their very nature run contrary to the very essence of the practice of the profession of veterinary surgery, which is intended to protect and enhance the welfare and well-being of animals and of work colleagues.”
In mitigation the Committee noted that Dr Fioletti had no previous criminal history and had a hitherto unblemished career as a veterinary surgeon.
The Committee found that only complete removal from the Register was appropriate in this case.
Paul added: “The Committee has reached the conclusion that the respondent’s behaviour is fundamentally incompatible with being a veterinary surgeon.
"The respondent’s behaviour was so serious that removal of professional status and the rights and privileges accorded to that status is considered to be the only means of protecting the wider public interest and of maintaining confidence in the profession.”
The Committee expressed its condolences to the family of Stephanie Hodgkinson for their incalculable loss.
The consultation is open to veterinary surgeons, nurses, students, and the public.
One of the main - and most controversial - proposals in the consultation, which was unveiled by RCVS President Sue Patterson at BVA Live last week, is that the elected councils would be replaced by an independent merit-and-skills appointment-based system.
Sue discussed the main benefits of an appointment-based system at BVA Live:
Other proposed changes include:
The good governance proposals are part of the College’s overall legislative reform agenda in which it is seeking to replace the 1966 Veterinary Surgeons Act with new and more modern, flexible and forward-looking legislation, which would expand the regulatory remit of the College to encompass veterinary practice premises and paraprofessionals, while empowering veterinary nurses and creating a new fitness to practise system.
Sue said: “The current governance structure of the RCVS is set by the VSA and updating our governance systems is a vital prerequisite to getting new primary legislation, as the outdated and out-of-step nature of our current arrangements will be clear to see.
“Governance may not be the most exciting topic, but it is the foundation on which all other aspects of the College’s work rests.
"As a professional regulator with animal health and welfare at our heart, the RCVS has a duty to ensure that our arrangements best serve the public on whose behalf we are entrusted to regulate and uphold veterinary standards, while still maintaining veterinary input in all our decision-making processes.
“We believe these good governance proposals help us meet this mission, ensuring that we are bringing our governance in line with regulatory norms, while still recognising our unique role as a dual regulator and royal college.
"The proposals would also help us get the best talent with the right skillsets and experience to serve on RCVS Council, VN Council and our committees, drawing on both laypeople and the broad sweep of the veterinary professions.
“We acknowledge that there has been some disquiet over the fact that, under these proposals, we would no longer be holding the annual elections to either RCVS Council or VN Council.
"However, we believe that an independent, fair and skills-based appointment process would be a superior way of selecting the membership of RCVS Council and VN Council than the elections which, unfortunately, the vast majority of the veterinary professions do not currently engage in, and which risk creating the impression that the RCVS is some sort of representative organisation.
“We look forward to hearing the considered views of the professions and public regarding our good governance proposals and will carefully review the feedback we receive.”
Belinda Andrews-Jones RVN, current Chair of VN Council, added: “In many ways VN Council is ahead of the curve in terms of governance reform with a smaller number of members and two independently-appointed veterinary nurse members – of which I am one – as well as appointed lay members.
“I can personally vouch for the robust nature of the application and independent appointment process for VN Council and how it took into account what I had to offer to the role in terms of my skills, my knowledge and my experience.
“I would like to thank my fellow members of VN Council, including my elected peers, for their positive engagement with the good governance proposals and their recognition that these reforms aren’t about reducing scrutiny of the College or the amount of challenge to its decisions, but about improving outcomes for the public, their animals and the professions at large.”
The good governance recommendations have been drawn up on the basis of the Law Commission’s 2014 Report ‘Regulation of Health and Social Care Professionals’, the recommendations from which were adopted by the UK government as being the ‘regulatory norm’.
The College says any future appointment processes for RCVS Council and VN Council would also be based on the Professional Standards Authority’s appointment principles of merit, fairness, transparency and openness and having a process that inspires confidence.
The deadline for completing the consultation is Monday 22 July 2024.
https://www.rcvs.org.uk/news-and-views/our-consultations/ensuring-good-governance/
The College will also be presenting the proposals at a Zoom webinar called being chaired by Sue between 7pm and 8pm tomorrow evening, Tuesday 11 June 2024: https://www.eventbrite.co.uk/e/ensuring-good-governance-tickets-920243973497
Ms Mulvey faced a total of nine charges against her:
Ms Mulvey did not respond to the charges, was not present at the hearing and was not represented.
She told the College that she couldn't attend for health reasons, but did not then provide any medical evidence and did not apply for a remote hearing, which was offered.
She had appeared before the Disciplinary Committee twice previously, facing a number of similar charges.
In 2016/2017, Ms Mulvey admitted all charges she was faced with and was found guilty of disgraceful conduct in a professional respect.
The Committee then decided to postpone the sanction for a period of one year.
In 2019, Ms Mulvey appeared before the Committee for the resumed sanction hearing and faced further new charges relating to failures to provide clinical history, failing to communicate with clients, failing to respond to requests for information from the College concerning complaints made against her, continuing professional development and indemnity insurance.
Ms Mulvey admitted the new charges and that she was guilty of disgraceful conduct in a professional respect, for which she was struck off for six months.
Taking into account the fact that this was not Ms Mulvey’s first time before the Committee, as well as new accompanying evidence, the Committee considered the facts of each subsection of each charge individually.
The Committee found all charges proved, apart from one subsection of charge 1.
The Committee then went on to decide if Ms Mulvey was guilty of disgraceful conduct in a professional respect, noting that it was entitled to consider the facts on a cumulative basis.
In other words, whilst any one charge may not fall far below the relevant standard expected of a veterinary surgeon on a standalone basis, it may when considered in conjunction with other failings that have been found proved.
The Committee found a number of aggravating factors in the case, including actual injury to animals (including death and amputation), dishonesty, breach of trust, sustained behaviour, disregard of the role of the RCVS, lack of insight by the defendant and previous adverse findings.
There were no mitigating factors.
The Committee then went on to decide upon a sanction.
Paul Morris, chairing the Committee and speaking on its behalf, said: “The Committee found that Dr Mulvey has demonstrated a wilful disregard for the role of her regulator and the systems that regulate the profession which are designed to ensure animal welfare.
"She has failed to learn from, or respond to in any meaningful way, her previous appearances before her regulator and advice given.
"The instant charges found proved dated back to shortly after the earlier suspension had elapsed.
"The Committee further noted that, if a period of suspension were to be imposed, at the end of the suspension Dr Mulvey would be entitled to resume practice without any preconditions.
“This is a case involving serious malpractice.
"It was sustained over a period of time.
"It followed previous adverse findings for almost identical failures.
"From as long ago as 2013, Dr Mulvey was given ample opportunity and support to remedy the deficiencies in her practice, which she squandered.
"Dr Mulvey’s conduct had very serious consequences for animal welfare.
"She continued, and continues, to display a wilful disregard for her responsibilities as a veterinary surgeon under the Code of Professional Conduct.
"Dr Mulvey’s conduct was a gross departure from the conduct expected of a veterinary surgeon.
“Dr Mulvey’s disgraceful conduct is so serious that removal from the Register is the only means of protecting animals and the wider public interest which includes protection of the public, the maintenance of public confidence in the profession, and the upholding of standards.”
Dr Mulvey has 28 days from being notified of her removal from the Register to lodge an appeal with the Privy Council.
At the roundtable, Liz Barton MRCVS, Head of Communications at Vet.CT, spoke about the application of AI in clinical practice, including in preventative medicine, diagnostics, treatment and prognostics.
Liz highlighted how the use of AI tools in clinical practice for tasks such as pattern recognition had led to many unforeseen and unexpected benefits, for example by picking up things that humans may not.
Dr P-J Noble, Senior Lecturer in Small Animal Science at the University of Liverpool, explained how AI tools had proven useful in processing, assessing and annotating qualitative data gathered through the university's Small Animal Veterinary Surveillance Network (SAVSNET) once they were programmed to recognise certain patterns, saving lots of research time and costs.
Dr Chris Trace MRCVS, Head of Digital Learning at the University of Surrey, spoke about AI use in higher education and how it has already started to be used beneficially both as a teaching and learning aid, as well as for assessment and feedback.
In the afternoon session, groups of delegates were asked to discuss practical questions over AI use in the veterinary professions and how it might be regulated.
There were discussions on how to help vet and VN students make the most of AI in learning and assessment, responsible use of AI in clinical settings, the risks of not using AI, how veterinary professionals can work with animal owners and keepers to ensure the safe and productive use of AI, and whether AI-led devices should be regulated.
Lizzie said: “This was a really positive and exciting event that involved a heady mix of trepidation over the risks and implications of AI now and into the future, and optimism over the beneficial impact it could have for education, diagnosis, treatment and patient outcomes.
"The discussions have certainly given us at the College a lot of food for thought on how we can put in place guardrails and guidelines on the appropriate use of AI in the veterinary sector.
“This is an area of technology that is evolving so rapidly that it would not be effective for us to put in place specific guidance for the use of AI tools, but instead we will be looking at how we can regulate the use of AI in the round and ensure our principles are sufficiently future-proofed to keep up with the pace of change.
“Any regulation will start with first principles, such as transparency and honesty around the use of AI in veterinary practice, the minimisation of potential risks, and the continuing importance of professional accountability for decision-making, even where such decisions may have been heavily influenced by the use of AI tools and AI-generated data.”
The input gathered from the roundtable will now be considered by a range of RCVS committees over the coming months.
A full report of the event will be published this summer.
The roles were confirmed by Buckingham Palace this month as part of a recent review of royal patronages.
RCVS President Dr Sue Paterson FRCVS said: “We are delighted that His Majesty the King is our new Royal Patron, continuing his mother’s support for the veterinary professions.
“We know that His Majesty is a keen advocate for animal health and welfare, the environment and biodiversity, and so his interests align very much with ours in areas such as sustainability, tackling antimicrobial resistance, and in supporting veterinary surgeons and veterinary nurses to best meet their professional standards.
British Veterinary Association President Dr. Anna Judson said: “We’re honoured to welcome His Majesty King Charles as our Patron.
"This ongoing royal commitment recognises the vital contribution vets make to animal welfare and their critical role in society, from taking care of the nation’s pets through to ensuring animal welfare in food production, public health and international trade.
"On behalf of our members, we’d like to thank His Majesty for his commitment to BVA, our profession and the work we do.”
Nebojsa Petrovic faced eight charges, although charge four was withdrawn at the start of the hearing.
At the outset of the hearing, Dr Petrovic admitted a number of allegations, including:
Charge 1 - that in November 2021, he falsely represented to the Animal and Plant Health Agency (APHA) that blood samples he submitted in respect of four horses were from the same horses as the samples he submitted on 1 November 2021.
Charge 2 – that in November 2021, he told APHA’s Veterinary Head of Border Control that he had checked the microchips and/or passports of the four horses when he hadn’t done so;
Charge 3 – that in November 2021, he signed Export Health Certificates for the four horses, in which it was stated that blood samples taken from these horses on October 2021 had been submitted to the Veterinary Laboratories Agency laboratory, Weybridge, with a negative result for Leptospirosis when in fact those samples had tested positive;
Charge 5 – that he failed to send the APHA’s Centre for International Trade, within seven days of signing, certified copies of the export health certificates;
Charge 7 – that in January 2022, he told an APHA officer that he was satisfied that he had properly identified the horses for which you had submitted the two samples when he had not done so;
Charge 8c – that he risked undermining government procedures designed to promote animal health and international relations in relation to the charges he admitted; and
Charge 9 – that in February 2022, he failed to have in place any or any adequate Professional Indemnity Insurance (PII).
Dr Petrovic, who was at the time of all the allegations carrying his duties as an Official Veterinarian on behalf of the APHA, denied charge 6 – that in November 2021, he failed to take sufficient steps to prevent the four horses being exported to Serbia, when he had been informed that there were concerns and/or doubts about whether those horses had tested negative for Leptospirosis.
He also denied charge 8 – that in relation to the allegations relating to his submitting the blood samples to the Veterinary Laboratories Agency on 8 November 2021, certification of the Export Health Certificates on 16 November 2021 and his subsequent conversations with members of APHA staff regarding both sets of documentation he had acted in a misleading (Charge 8a) and/or dishonest (Charge 8b) way.
The Committee considered evidence presented by the College including hearing from APHA staff witnesses called by the College and also hearing from a witness and character evidence presented by Dr Petrovic. Dr Petrovic also gave evidence to the Committee.
It found most charges proven with the exception of Charge 6, and also found that Dr Petrovic had not acted dishonestly in submitting the blood samples or certifying the EHC’s as alleged in charges 1 and 3.
The Committee concluded that Dr Petrovic had acted in a dishonest and misleading way in his conversations with the APHA staff as detailed in charges 2 and 7.
The Committee then considered whether the individual proven charges amounted to serious professional misconduct, determining that, with the exception of charges 3 and 5, all proven charges amounted to disgraceful conduct.
Paul Morris, chairing the Committee and speaking on its behalf, said: “In the Committee’s judgement, the respondent’s position as an Official Veterinarian also meant that he had a responsibility to ensure that the trust which was delegated to him was not breached.
"In his role, the respondent was acting in a position of trust, as a representative of the government, and the Committee found that he had breached that trust…. It took these matters into account when determining that the respondent’s behaviour cumulatively amounted to disgraceful conduct in a professional respect.”
Regarding the sanction for Dr Petrovic, the Committee considered his request that it consider suspension, rather than removal, from the Register.
In terms of aggravating factors – the Committee found that Dr Petrovic had acted without integrity, recklessly and without regard for the APHA’s systems relating to the export of animals.
In mitigation, it took into account: the fact that no animal was harmed by his conduct, albeit there was risk of harm; his long and unblemished career in the UK since 1994; admissions he had made to the APHA and Disciplinary Committee at the first day of the hearing; had remediated his lack of professional indemnity insurance by putting in place a retrospective policy; the significant amount of time that had elapsed since the conduct; and six positive character references from experienced fellow veterinary surgeons who held him in high regard.
Paul Morris added: “The Committee took into account that the respondent had continued to work as a veterinary surgeon with no subsequent complaints and that he had a previous long and unblemished record and there was support by several positive character references.
"The Committee also took into consideration the pressures of Brexit and the pandemic which the respondent had faced at the time, but which were unlikely to occur again.
“The Committee had concluded that the respondent was unlikely to repeat similar behaviour or to pose a risk to animals, particularly because he was no longer involved in certifying animals for export.
"Furthermore his admissions to most of the matters it had found proved showed that he had some insight.
"The Committee was also satisfied that the respondent had a genuine concern for the welfare of animals and it noted that the Respondent did not require any further training to continue in practice as a veterinary surgeon.
“The Committee therefore concluded that a suspension from the Register was the proportionate sanction in this case taking into account the seriousness of the conduct it had found proved but also all of the mitigating factors.”
The Committee recommended that Dr Petrovic be suspended for six months to reflect the seriousness of the conduct and the damage it could do to public confidence in the profession, while meeting the public interest and sending a clear message of deterrence.
The aim of the Leadership Stories initiative is to present the perspectives of people from diverse and minority backgrounds so that they see themselves reflected in leadership roles within the profession.
RCVS Leadership and Inclusion Manager, Gurpreet Gill, said: "We decided to release this video as part of Veterinary Nursing Awareness Month to show people exactly what a career in veterinary nursing can lead to.
"Betsy has achieved a huge amount in a relatively short space of time and is a great example of what can happen when you blend personal values, professional knowledge and excellent people skills to deliver effective leadership.”
“The theme for Veterinary Nursing Awareness Month this year is ‘progression’, and we hope that this film will inspire members of the veterinary community, or those aspiring to become members, to find their own inner leaders.
"There are so many different opportunities working in the veterinary sector, but it’s often difficult to know what could be possible.
“We hope that by sharing the leadership stories of people like Betsy, we can help demystify the landscape slightly and help to show people that there are many opportunities out there that they may not have previously considered or even be aware of.”
Betsy said: “It was a brilliant opportunity to work with the team at the RCVS on such an important project.
"As I’ve mentioned, whether it’s specialising, leadership, teaching or research, RVNs have so many transferable skills that can be used across the sector in many different roles.
“Coming from an ethnic minority background myself, it has been very clear that the profession isn’t very diverse and that we need to do more to proactively promote veterinary nursing and veterinary medicine as viable career options in schools from a younger age.
“When it comes to leadership, I think initiatives such as the RCVS Leadership Stories are great in terms of showcasing diverse leaders and career opportunities.
"People need to be able to see themselves in these roles, to see that it is possible.
"We are making progress, but we still have a long way to go.”
https://www.youtube.com/watch?v=XSgg8xeHyp4&list=PLwm3GH0FNPl30FXR3k688HSNzeaKxMwD9&index=4
Kirsty and Susan scored 995 and 923 votes respectively.
The unsuccessful candidate, Stuart Miller, scored 669 votes.
In total, 1,710 RVNs cast their vote, narrowly beating the previous record low turnout of 7.5% in 2012.
By comparison, the largest turnout was 17.1% in 2020.
Kirsty and Susan will take up their post at the RCVS Annual General Meeting, which is open to all vet nurses to attend on Friday 5th July at the Royal Institute of British Architects.
www.rcvs.org.uk/vnvote24
Mr Makepeace faced five charges.
The first charge was that in 2022 Mr Makepeace was convicted at Scarborough Magistrates Court of assaulting by beating his ex-partner.
He was sentenced to a community order and a curfew order and was ordered to pay a £95 surcharge and £85 in costs.
It was alleged that the conviction rendered him unfit to practise as a veterinary surgeon.
The second was that in August 2022, Mr Makepeace submitted a character reference which purported to have been written by his ex-partner saying that they "still live happily together", when this was untrue. It was also alleged that the reference purported to have been signed by Mr Makepeace's ex-partner when he knew that was not the case.
The third charge alleged that Mr Makepeace had sent WhatsApp messages to his ex-partner which were offensive, insulting, abusive, threatening and/or intimidating.
The fourth charge was that was a repetition of the second.
The fifth and final charge was that in relation to charges 2 and 4, that Mr Makepeace’s conduct was misleading and/or dishonest; and that it is alleged that in relation to charges 2,3,4 and/or 5, whether individually or in any combination, that Mr Makepeace was guilty of disgraceful conduct in a professional respect.
The first charge was proven by virtue of a certified copy of the memorandum of an entry in the Magistrates’ Court register.
Mr Makepeace also admitted the facts of all the other charges, meaning they were found proven by admission.
In terms of the conviction, the Committee assessed the incident to be serious – the assault was prolonged, involved strangulation and biting which led to physical injuries, and involved a pursuit.
This was found by the Committee to bring the reputation of the profession into disrepute.
The Committee therefore found that the conviction rendered Mr Makepeace unfit to practise.
With regard to the remaining charges, the Committee found Mr Makepeace’s behaviour serious, saying that it showed a blatant and wilful disregard of the role of the RCVS and the systems that regulate the veterinary profession, and that his actions were intended to dishonestly subvert that process.
The Committee considered that his actions fell sufficiently below the standards expected in terms of honesty and integrity, as well as in terms of the behaviour expected of a registered professional.
All this constituted disgraceful conduct in a professional respect.
When making a decision on the appropriate sanction, the Committee took into account evidence from Mr Makepeace, two character witnesses, and a document bundle including evidence of training, continuing professional development (CPD) and other testimonials.
Aggravating factors taken into account were:
Mitigating factors taken into account were that Mr Makepeace made full admissions at the start of the hearing; he expressed remorse; was shown to be of previous good character; that there had been a significant lapse of time since his conviction; he had made subsequent efforts to avoid repetition of the behaviour which led to the conviction; the financial impact upon Mr Makepeace if he was prevented from being able to practise; and the testimonials.
Neil Slater, Chair of the Disciplinary Committee and speaking on its behalf, said: “The Committee’s view was that the demands of the public interest in this case were high, and in light of all of the circumstances, removal from the register was the only means of upholding the wider public interest, which includes the need to uphold proper standards of conduct and performance, and to maintain confidence in the profession and its regulation.
“The Committee therefore decided to direct that the respondent should be removed from the Register.
"In coming to this decision, the Committee carefully applied the principle of proportionality and took into account the impact of such a sanction on the respondent’s ability to practise his profession, as well as the financial impact upon him, taking into account his evidence in this regard.
“However, the Committee determined that the need to uphold the wider public interest outweighed the respondent’s interests in this respect.
"In light of the gravity of the conduct, and all of the factors taken into account, any lesser sanction would lack deterrent effect and would undermine public confidence in the profession and the regulatory process.
"Removal was the only appropriate and proportionate sanction.”
Mr Murray was charged that he had been convicted of affray at Birmingham Crown Court in 2021 - to which he had pleaded guilty - and given nine months in prison.
Mr Murray applied for anonymity at the start of the disciplinary hearing, which was refused when the Committee decided there were no special circumstances which would justify anonymity.
The Committee considered whether or not the charge rendered him unfit to practise as a veterinary nurse.
Counsel for the RCVS submitted that the conviction was for a serious public order offence in relation to an incident in which another person was left seriously injured.
Although Mr Murray was not directly responsible for the injury, RCVS Counsel submitted that he had brought the profession into disrepute and that his conduct therefore left him unfit to practise.
The Committee took into account that Mr Murray’s involvement in the public order incident was not premeditated, that it took place before his registration as a veterinary nurse, that no injury was caused directly by him nor was he carrying an offensive weapon and that the offence was not gang-related.
However, it did consider that his role in the incident was serious enough to warrant a custodial sentence and that serious physical injuries were sustained by an individual during the incident.
Hilary Lloyd, chairing the Committee and speaking on its behalf, said: “The Committee assessed the incident to be serious, taking into account its nature and circumstances as set out above.
"It led to serious physical injuries inflicted by a sword in a public place.
"Children were present at the scene at one point, as remarked upon by the Judge.
“The Committee considered the wider public interest.
"Taking into account the view of the reasonable member of the public who is well-informed of all the facts and evidence in the case, the Committee was satisfied that the Respondent’s behaviour and conviction 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.”
Having found serious professional misconduct, the Committee then considered the most appropriate sanction for Mr Murray.
In terms of aggravating factors, it found that Mr Murray’s conviction involved recklessness and the risk of injury to a human being.
In mitigation, it considered that: there was no risk or actual harm to an animal; that no concerns had been raised about his competence or the quality of his practice; his relative youth at the time of the incident; the fact he had both pleaded guilty to the charge and had disclosed the conviction to the RCVS at the first opportunity; his cooperation with the regulatory process and the fact that he had shown insight and made efforts to remediate the past offending and avoid repetition of the offending behaviour.
The Committee also considered a positive testimonial from the practice where he was employed which attested to his integrity, as well as from a mental health prison chaplain who had supported him during his time in custody and with whom he continued to work to support other young offenders on their release from custody.
Taking all the facts and circumstances into consideration, the Committee decided that it would be most appropriate to take no further action against Mr Murray.
Hilary added: “This was not a case involving any risk to animals.
"The risk of repetition of the offence is minimal.
"The Committee therefore considered the demands of the public interest, namely the need to uphold proper standards of conduct and behaviour and to maintain confidence in the profession and in the regulatory process.
"The Committee considered that in light of the significant insight and remediation shown, and the minimal risk of repeating the behaviour which led to the conviction, the Committee was not satisfied that the public interest required a sanction to protect it.
"The Committee decided that the demands of the public interest were adequately marked and served by the finding already made that the conviction rendered the respondent unfit to practise.”
Ms Alcock was convicted on 23 December 2022 at the Lincoln Crown Court, following a guilty plea of being the owner/person in charge of a dog dangerously out of control causing injury resulting in death.
The court heard that in March 2022, Ms Alcock and her partner had taken their dogs to Ostler Plantation at around 11pm to pull a racing sledge.
Kyra was in her pram outside the van when one of the dogs named Blizzard escaped and mauled her.
Kyra was pronounced dead at the scene.
Ms Alcock was sentenced to eight months imprisonment, suspended for two years, and ordered to undertake 80 hours of unpaid work.
During the sentencing of Ms Alcock, the Crown Court judge observed that on 7 December 2021, Ms Alcock gave birth to a very much wanted and loved baby.
The judge noted that both Ms Alcock and her partner were experienced dog handlers and was satisfied that there was a tragic set of circumstances.
The judge went on to note that Ms Alcock and her partner were both used to dogs and that the dog in question, Blizzard, was not a dog who had previously caused any concern.
There was nothing to trigger her attack on the baby; but on this occasion she was dangerously out of control as demonstrated by the attack.
Having taken all evidence into account, as well as advice from the Legal Assessor who provides guidance on the law to all parties involved during a hearing, the Veterinary Nurse Disciplinary Committee did not consider the conviction rendered Ms Alcock unfit to practise.
She was not caring for Blizzard in a professional capacity and the incident occurred outside of her practise as a veterinary nurse.
The individual, referred to as Mrs D throughout the hearing and who was granted anonymity by the Committee on grounds relating to her health, faced three charges against her.
The first charge was that she posted the tweets from her Twitter/X account.
The second charge was that in a number of tweets (Schedule 1 below), she falsely stated or implied that she was a veterinary surgeon, and that, in some tweets, while falsely holding herself out to be a veterinary surgeon, she used language that was offensive and/or unprofessional.
The third charge was that in a number of tweets (Schedule 2 below) she made statements that were offensive, discriminatory and brought the veterinary professions into disrepute.
At the outset of the hearing Mrs D admitted all the facts of the charges against her, and also admitted that her conduct amounted to disgraceful conduct in a professional capacity.
The Committee considered that there were a number of aggravating factors in Mrs D’s behaviour, including a lack of probity and integrity, as well as dishonesty, in holding herself out as a veterinary surgeon.
Her conduct was also premeditated and took place over a lengthy period of time, involved abuse of her position, and demonstrated discriminatory behaviour, as a large number of her tweets were highly offensive towards various minority groups.
In mitigation, the Committee heard from the respondent that she had a number of difficulties in her personal life which led to inappropriate use of social media, though she did not suggest these factors excused her behaviour.
The Committee also considered that Mrs D had a long and previously unblemished career of 15 or so years, had made early admissions (albeit she had initially denied being responsible for the tweets) and shown considerable remorse.
However, in terms of the sanction, the Committee considered that removal from the Register was the most proportionate sanction it could impose.
Paul Morris, who chaired the Committee and spoke on its behalf, said: “For a registered veterinary nurse to pretend to be a veterinary surgeon on a public platform is itself an extremely serious matter.
"When that presentation is associated with the highly offensive language of the tweets in this case, extending over a period of years, the conduct is in the view of the Committee fundamentally incompatible with continued registration.
“The Committee has concluded that removal from the register is the only sanction which is sufficient to satisfy the public interest in maintaining proper standards of behaviour for registered veterinary practitioners and public confidence in the profession and its regulation.”
The Tweets
Schedule 1
Schedule 2
The course was developed with RCVS Leadership and Inclusion Manager, Gurpreet Gill (pictured), and aims to increase self-awareness of unconscious bias, explore strategies to reduce it, and promote equity, diversity, and inclusion in the workplace.
Gurpreet said: “Unconscious bias is an area that some within the professions may not be familiar with and so this course provides an overview of unconscious bias and its impact in the workplace.
“We also explore strategies that we can all apply to help reduce unconscious bias.
"This is important in helping to achieve fairer and more equitable working environments, and I’d encourage any veterinary professional, whatever your role, to undertake the course.”
The course is accessible free via the RCVS Academy, and takes about an hour and three quarters to complete,
Dr Russell, 64, who waived his right to attend the hearing, was convicted in 2023 of three offences: making indecent photographs of a child, possessing 2,280 prohibited images of a child and possessing 109 extreme pornographic images that included moving images that were grossly offensive.
After pleading guilty to making indecent photographs/pseudo-photographs of a child, possessing a prohibited image of a child, and possessing extreme pornographic image/images portraying sexual acts with an animal, Dr Russell was sentenced at Winchester Crown Court to a two-year community order, a 30-day Rehabilitation Activity Requirement, 150 hours of community service and a forfeiture and destruction order of Seagate Drive, Toshiba hard drive and Lenovo tablet.
In addition, he was required to register with the police for 5 years and made subject to a Sexual Harm Prevention Order for five years.
He was also required to pay prosecution costs of £425 and £60 victim surcharge.
Counsel for the College submitted to the Disciplinary Committee that the nature and circumstances of the offences rendered Dr Russell unfit to practise as a veterinary surgeon.
The Committee considered there to be several aggravating factors including, actual (albeit indirect) injury to an animal or child; the risk of harm to an animal or child; sexual misconduct; premeditated conduct; and, that the offences involved vulnerable children and animals.
Neil Slater, chairing the Committee and speaking on its behalf, said: “The Committee has reached the conclusion that Dr Russell’s behaviour is fundamentally incompatible with being a veterinary surgeon, namely grave offences of a sexual nature.
"Dr Russell’s behaviour was so serious that removal of professional status and the rights and privileges accorded to that status is considered to be the only means of protecting the wider public interest and of maintaining confidence in the profession.
“The Committee has not taken this decision lightly, and, lest it be misinterpreted, it has not taken it in order to satisfy any notional public demand for blame and punishment.
"It has taken the decision because, in its judgment, the reputation of the profession has to be at the forefront of its thinking and ultimately this is more important than the interests of Dr Russell.
"The decision is not simply based on the fact that these offences were of a sexual nature but because they were repeated over a significant period of time and at a time when Dr Russell must have known, on his own plea of guilty, that what he was doing was wrong.
"Further, the Committee can discern no evidence that Dr Russell has insight into the gravity of the offence he has committed.
"The Committee has therefore directed the Registrar to remove his name from the Register forthwith.”
Dr Russell has 28 days from being notified of his removal from the Register to lodge an appeal with Privy Council.
All RVNs were set an email with a voting link and a unique voter code.
The College says it will be writing to the few veterinary nurses for whom it has no unique email address with further instructions.
There are 3 candidates standing this year and you can now cast your votes for up to two of them by 5pm on Friday 26 April 2024.
The candidates are:
The individual candidate profiles are available to view at www.rcvs.org.uk/vnvote24 where you can also read the candidates’ answers to two questions of their choice submitted by the profession.
The two candidates with the most votes will join VN Council for their three-year terms at the College’s AGM in July.
Any vet nurses who have not received their voting email should contact CES directly on support@cesvotes.com.
Ms Francis faced two charges, the first of which had three elements:
The first was that in January 2021 she took one box of buprenorphine from the practice where she worked.
The second was that in early June 2022 she took another 15 boxes of buprenorphine together with an unspecified number of vials of the drug.
The third was that later that month, she took another box of the drug.
The second charge was that her behaviour was dishonest, was not acting in accordance with instructions from a veterinary surgeon or a valid prescription and she failed to record the amount of the drug taken from the practice.
At the outset of the hearing Ms Francis admitted taking the one box of buprenorphine at the end of June 2022, but denied the other elements of the charge.
After interviewing witnesses, the Committee decided that on the basis of the evidence presented, the allegations that Ms Francis had taken a box of buprenorphine in January 2021, or that she had taken vials of buprenorphine in June 2022, were unproven.
With regard to the allegation that she had taken 15 boxes of buprenorphine in June 2022, the Committee determined that Ms Francis had no case to answer, due to insufficient evidence.
This meant that the second charge, of dishonest behaviour, was only considered in respect of the element of the first charge that Ms Francis had admitted to (the one box of buprenorphine she admitted taking in late June 2022).
Here, the Committee found that Ms Francis’ conduct was not dishonest, but found it proved that she did not act in accordance with instructions from a vet or a valid prescription, and found it proved that she failed to record the amount of the drug taken from the cupboard on the internal stock sheet.
Paul Morris, chairing the Committee and speaking on its behalf, said: “The respondent had removed a box of buprenorphine from the drugs cupboard before she had received a prescription for that medication.
"She intended to seek such a prescription from the vet, who was in the practice at the time and from whom she had just received prescriptions for other pain-relieving medications.
"As it happened the vet issued the prescription for the buprenorphine which the respondent sought.
“The respondent has acknowledged her fault in removing the box of buprenorphine before the vet had issued a prescription.
This appears to have been the result of a momentary decision on her part that Vetergesic would be of benefit to her dog.
"She also omitted to sign the relevant log.
"The evidence which the Committee heard suggested that this omission was commonplace at the practice.
“In acting in this way, as the respondent acknowledges, she fell below appropriate standards.
"The Committee has concluded, however, that in all the circumstances her conduct did not fall far below those standards and could not realistically be described as disgraceful conduct in a professional respect.”