A complaint against a Veterinary Surgeon may be made for a variety of reasons however the RCVS’ jurisdiction is limited. RCVS will only investigate a) matters which if proven could amount to ‘disgraceful conduct in a professional respect’ (otherwise referred to as ‘serious professional misconduct’); and b) criminal convictions which render veterinary surgeon unfit to practice. The RCVS will normally decline to investigate complaints regarding fees; complaints of professional negligence; and/or complaints made more than 2 years after the event.
Examples of matters which the RCVS will investigate include dishonest conduct, failure to obtain informed consent; unwarranted physical force towards an animal, premature discharge following surgery, record-keeping issues, clinical care below the expected standards, failure to adhere to previous advice issued by the RCVS and criminal convictions.
Investigation of complaints by RCVS:
There are a number of stages to an investigation by the RCVS. Firstly an initial assessment will be carried out in order to determine whether the complaint has potential to amount to serious professional misconduct. If this test is passed, the RCVS will then determine whether there is an ‘arguable case’ on the basis of the available evidence. If this is the case the matter will then be referred to the Preliminary Investigation Committee to determine whether there is a realistic prospect of the Disciplinary Committee finding the factual allegations proven and finding that the matters proven amount to serious professional misconduct. In the case of criminal convictions the Committee will consider whether those convictions render a veterinary surgeon unfit to practise. If all of the above tests are passed the case will be referred to a hearing before the Disciplinary Committee.
As part of its consideration of the case the Preliminary Investigation Committee will consider any response made by the Veterinary Surgeon. Any response made should be very carefully considered and should address the tests being considered by the Committee. As such you should seek specialist advice before making a formal response to any allegations made against you. It is also important to note that if you fail to consult your insurer before making a response, you may prejudice your cover moving forwards.
Hearings before the Disciplinary Committee:
A hearing before the Disciplinary Committee consists of 3 key stages. Firstly, the Committee will consider the facts charged and determine whether they are proven. Facts may be proven by admission or, where the factual allegations are in dispute, following an evidential hearing. In the event that factual allegations are found to proven, the Committee will then consider whether they amount to serious professional misconduct. The Panel must decide if the conduct in question falls far below what is expected of the profession. In the case of criminal convictions the Committee will consider whether the conviction renders a veterinary surgeon unfit to practise. If the Committee finds that this is the case, the question of sanction will be considered.
The Disciplinary Committee’s Powers:
The Committee can deal with a veterinary surgeon in one of the following ways: the Committee can decide to take no further action; the Committee can postpone their judgment for a period of up to 2 years, possibly after agreeing undertakings with the veterinary surgeon; the Committee can issue a reprimand or warning; the Committee can suspend a veterinary surgeon from practise; or the Committee can direct that a veterinary surgeon is removed from the register. Removal from the register will be considered where the Committee concludes that a veterinary surgeon has behaved in a manner which is fundamentally incompatible with registration. This may include causing serious harm to animals or members of the public; convictions for offences of a sexual and/or violent nature; convictions for offences involving loss of life; deep-seated attitudinal problems; and dishonest conduct.
Any veterinary surgeon who is removed from the register can apply for restoration after a period of 10 months has elapsed. An applicant will need to persuade the Disciplinary Committee that they are fit to be restored to the register. It is not uncommon for first applications to be refused, particularly where the Committee finds that the application is premature.
Given the implications of a referral to the RCVS it is recommended that a veterinary surgeon is represented by specialist lawyers in order to protect their interests and safeguard their practice.
NOTE: This brief guide is intended to provide basic information to veterinary surgeons and other veterinary professionals about the procedures followed by the RCVS, but should not be relied upon as legal advice.
By Carl Johnson
Associate solicitor in the Regulatory team
ENDS
Media information: Lianne Tracey and Chloe Kendall
Stephensons Solicitors LLP
Tel: 01616 966 229
Email: lct@stephensons.co.uk or cke@stephensons.co.uk