14 Mar 2023
Councillors are being asked to approve plans that would enable the college to prosecute alleged breaches of the Veterinary Services Act on a trial basis.
Allister Webb
Job Title
Proposals that would enable the RCVS to pursue private prosecutions for alleged breaches of the Veterinary Surgeons Act (VSA) have been published.
A draft protocol has been drawn up which, if approved by the college’s council this week, would enable cases to be brought on a trial basis for a 12-month period from 1 April.
A maximum budget of £50,000, excluding the cost of staff time, would also be provided for the purpose.
Officials were asked to draw up potential guidelines for such cases last September, amid the college’s stated ambition to be more active in dealing with breaches of the VSA.
The draft protocol would limit potential action to cases under sections 19 and 20 of the act, which cover restrictions on practice and the use of practitioners’ titles by unqualified people.
The document, which is due to be considered at a council meeting this Thursday (16 March), said reports of alleged illegal practice would be considered on “a case-by-case basis”.
Allegations would also have to pass both evidential – meaning a realistic prospect of conviction – and public interest tests to be allowed to proceed to a full hearing.
The paper continued: “Our approach is to focus on illegal practice, which presents a serious risk of harm to animal health and welfare, the reputation of the veterinary profession and the protection of public health.
“We will investigate allegations of illegal practice in accordance with the principles of good regulation to be proportionate, consistent and transparent.
“Resources will be focused to target the most serious breaches of the VSA, which will deter offenders and encourage compliance with the law.”
The proposed protocol includes a six-month time limit for information about alleged offences to be investigated, except in “exceptional circumstances”.
It also warns that anonymous allegations may not be investigated and would otherwise be recorded for “intelligence purposes”.
Although the college would bring prosecutions itself in England and Wales, the protocol says it would refer matters to the Crown Office and Procurator Fiscal Service for cases in Scotland or the Northern Ireland Public Prosecution Service as required.
The document also signalled an intention to seek recovery of full costs in successful prosecution cases, despite previous concerns about whether the costs imposed on defendants by the courts would come close to the amounts invested.
If the protocol is implemented, officials intend to report the trial’s progress through the college’s preliminary investigation and disciplinary liaison body until it is further evaluated by the council.
