Reforms aim to offer a more compassionate way to resolve cases.
RCVS Council has approved the implementation of reforms to the College’s disciplinary system that aim to streamline the early stages of the concerns investigation process and offer a more compassionate way to resolve cases.
The reform of the disciplinary system follows a review of the legislative framework for the veterinary professions by the Legislation Working Party. Council members had previously voted to approve the reforms in June 2021, but on Thursday (11 November), they voted on their implementation in practice.
Under the new reforms, Stage 1 Preliminary Investigation Committees (PICs) will replace the current Case Examiner Group stage of investigations. There will also be a new ‘Charter Case Protocol’ providing an alternative way to resolve specific cases without a public hearing.
Currently, Stage 1 is conducted by a Case Examiner Group who decide if there is an ‘arguable case’ for serious professional misconduct before referring it to the PIC. The new reforms will see the Stage 1 PICs close cases where there is no realistic prospect of finding a case of serious professional misconduct.
“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,” explained RCVS Registrar, Eleanor Ferguson.
“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 or a full, public Disciplinary Committee hearing.”
The new ‘Charter Case Protocol’ will provide an alternative way to resolve specific cases that, while meeting the threshold for a full Disciplinary Committee, can still be served without a full public hearing.
Such cases may include those where factors such as insight or remediation have been shown. Charter Case Protocol cases will be issued to the ‘Charter Case Committee’, which will be able to issue written warning notices.
“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,” explained Eleanor.
“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.
“Of course, the most serious cases of professional misconduct, for example around dishonesty and criminality, will continue to be referred to Disciplinary Committee hearings,” she said.
The reforms do not require legislative change and so can be implemented by a majority vote of Council and under the powers of the current Veterinary Surgeons Act and Royal Charter.
The RCVS said that it is likely that the reforms will take some months to implement, and that it will be looking to recruit additional Preliminary Investigation Committee members in due course.
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