Following two postponed hearings and a stayed Judicial Review, the Disciplinary Committee of the Royal College of Veterinary Surgeons last week accepted a wide-ranging 18-month programme of undertakings from a veterinary surgeon found guilty of serious professional misconduct, to address his "serious deficiencies" and "practice failings".
In October 2006, Mr Joseph Holmes MRCVS, of the Waltham Veterinary Clinic near Grimsby, was found guilty of serious professional misconduct for performing inappropriate and out-of-date veterinary treatment. Judgment was postponed for a period of two years subject to conditions that were put in writing and agreed by Mr Holmes.
The hearing resumed early, in February 2008, as Mr Holmes had deliberately ceased to comply with these conditions in the hope of forcing an appeal against the Committee's original finding of serious professional misconduct.
At the resumed hearing, Mr Holmes was told there was no legal framework for such an appeal (only against a sanction of suspension or removal from the Register) and that he would be subject to an 18-month period of compliance with the conditions set out at the original hearing; he was also invited to propose a programme of continuing professional development (CPD) and other undertakings for that period.
As Mr Holmes then applied for a Judicial Review of the Committee's decisions, this programme was never proposed. However, at the Royal Courts of Justice in October 2008, Mr Holmes' application for Judicial Review was stayed, by mutual consent, allowing for the DC hearing to be resumed and for him to offer undertakings for the Committee's consideration.
At last week's hearing, the Committee reminded itself of the original four findings of serious professional misconduct against Mr Holmes, which, in each case, it had stated would "be viewed by reasonable and competent members of the veterinary profession to be deplorable...and far below the standards that members of the public were entitled to expect."
In relation to these findings, the Committee was particularly concerned about his deficiencies in the fields of orthopaedics, oncology, radiology and therapeutics and considered that his future CPD should specifically address these areas.
Consequently, Mr Holmes agreed to an extensive range of undertakings over an 18-month period, including: participation in the RCVS Practice Standards Scheme (including two inspections); keeping abreast of changes to the RCVS Guide to Professional Conduct; 105 hours of standard and additional CPD; proofs of purchase of up-to-date text books and journal subscriptions; and six-monthly progress reports to the Chairman of the Committee.
Brian Jennings, Chairman of the Committee, said: "The Committee considers that the undertakings in the form that you have offered to it, if fulfilled by you, will serve to ensure that there will be no repetition of the conduct which resulted in our original findings and serve to ensure that animals and the public will not be put at risk.
"We trust that you will enter into these courses with the right mind-set and find that at their conclusion, these tasks have been of advantage to your practice."
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