Oxon vet unsuccessful in Privy Council appeal

An appeal against an RCVS Disciplinary Committee decision to strike off an Oxfordshire-based veterinary surgeon for false export certification has been dismissed by the Privy Council.

In November 2007, the Disciplinary Committee decided that Mr John Williams, of the Avonvale Veterinary Practice in Ratley, near Banbury, should be removed from the RCVS Register, having found him guilty of disgraceful professional conduct.

Mr Williams had admitted signing export health certificates for three horses in October 2006 to state that they had received negative test results for the contagious equine metritis organism, before these results were actually available.

At the time, Mr Williams was working in his capacity as an Official Veterinarian (OV) for DEFRA and he had previously been suspended from his official duties on three separate occasions, on the basis of export certification irregularities. It was accepted that Mr Williams had not been dishonest, but his approach to certification was described by the Disciplinary Committee as “either irresponsible or cavalier or both”.

Mr Williams chose to lodge an appeal with the Privy Council with the grounds for that appeal relying to a large extent on the 2007 Privy Council decision in the case of Dr Walker. Those arguments were dismissed by the Privy Council, which accepted the Disciplinary Committee’s decision that Mr Williams’ name should be removed from the Register of Veterinary Surgeons.

In making their decision, the Privy Council pointed to the financial gain that Mr Williams had made by working in the way that he had, which had allowed him to see and retain more clients. They also said that deference should be given to the views of the profession’s Disciplinary Committee, and indicated that its reasoning had been clear and the sanction proportionate.

The written decision is expected to be available on the Privy Council website shortly, and will include details of costs.

Mr Williams’ name will be removed from the RCVS Register after the Order in Council has been issued.

ENDS

For more information please contact:

Lizzie Lockett, 020 7202 0725 / l.lockett@rcvs.org.uk

NOTES FOR EDITORS

1. The RCVS is the regulatory body for veterinary surgeons in the UK and deals with issues of professional misconduct, maintaining the register of veterinary surgeons eligible to practise in the UK and assuring standards of veterinary education.

2. RCVS disciplinary powers are exercised through the Preliminary Investigation and Disciplinary Committees, established in accordance with Schedule 2 to the Veterinary Surgeons Act 1966 (the 1966 Act). The RCVS has authority to deal with three types of case:

a) Fraudulent registration
b) Criminal convictions
c) Allegations of disgraceful professional conduct

3. The Disciplinary Committee is a constituted judicial tribunal under the 1966 Act and follows rules of evidence similar to those used in a court of law.

4. The burden of proving an allegation falls upon the RCVS, and the RCVS must prove to the standard that the Committee is sure.

5. A respondent veterinary surgeon may appeal a Disciplinary Committee decision to the Privy Council within 28 days of the date of the decision. If no appeal is received, the Committee’s judgment takes effect after this period.

6. Further information, including the charge against Mr Williams, and the Committee’s findings and judgment, can be found via www.rcvs.org.uk/disciplinary.