Since 2014 the RCVS has trialled two different ADR services with the aim of helping resolve complaints between animal owners and veterinary practices that do not meet its threshold for serious professional misconduct.
Since October 2016, this has been in the form of the Veterinary Client Mediation Service (VCMS), administered by Nockolds Solicitors. The VCMS is free for both animal owners and veterinary professionals and cases will only be taken with the consent of both parties.
Eleanor Ferguson, RCVS Registrar, said: "We are very pleased that ADR in the form of mediation has received the unanimous support of RCVS Council members as part of the process for handling veterinary complaints.
"Throughout its trial period the VCMS has very much been complementary to our concerns investigation and disciplinary process. While we are bound by statute to investigate concerns, it has allowed our Professional Conduct Team to 'triage' cases, and to signpost complainants either to the College or the VCMS as appropriate. This has allowed greater time and resources to investigate concerns that could constitute serious professional misconduct.
"We also believe that the VCMS is good for both the public and the profession because it encourages both parties to communicate, find areas of agreement and come to constructive solutions, rather than being an adversarial process that assigns blame and adjudicates remedies."
Jennie Jones, a partner at Nockolds Solicitors which administers the VCMS, said: "The service is here to help veterinary clients and practices find a resolution for complaints that cannot be resolved within the practice. Complaints are referred to the VCMS by clients and practices where the relationship has become strained or communication may be difficult. Importantly the service does not look at who is right or wrong, but focuses on finding an outcome that both parties can live with and bringing an end to the complaint.
"In our experience this has ranged from reassuring clients and helping them to come to terms with what has happened, refunding fees, further explanations, apologies, small goodwill payments, securing procedural changes at the practice and agreement by the client to settle outstanding fees which have been withheld because of the complaint.
"We understand complaints are highly emotional and stressful for both parties, so the VCMS team will not ask parties to speak to one another directly. It is also not about assigning blame but is about moving forward to allow both parties to bring the complaint to a conclusion. When we hear from practices and clients alike that they can now sleep at night, or their relief that a complaint is resolved, I know ADR and the VCMS does help and make a difference."
The College says that during the trial period, 165 of the 870 enquiries received by the VCMS went to mediation. Of these, 129 were successfully mediated with the other 36 remaining unresolved. Of the other enquiries 297 resulted in the animal owner being referred back to the practice so that internal complaints processes could be exhausted first, 93 did not progress because the animal owner did not pursue the complaint, 73 were dealt with through advice, 66 did not progress as the practice declined to engage, 76 were outside the service’s remit and 100 are currently ongoing.
Taking into account the overall feedback received from both animal owners and veterinary professionals and the positive responses on the independence and fairness of the VCMS, Council agreed that Nockolds continue administering the scheme, with a review starting in 18 months’ time to take into account experience and learning as the scheme continues to evolve. During the Council meeting statements of support for the VCMS were also heard from a representative of the Veterinary Defence Society (VDS) and an independent consultant on consumer affairs.
A spokesperson for the VDS said: "The VDS assisted over 150 practices that agreed to participate in the ADR trial and developed a constructive working relationship with the VCMS staff. In the vast majority of cases mediation has resulted in a satisfactory outcome with little or no financial consequences.
"The Society considers this voluntary scheme particularly suited to the many client care complaints that are directed at the RCVS due to public misunderstanding of the College’s role, but the investigation of which creates disproportionate concern to the professionals involved. The independent nature of the VCMS has been a key feature of the trial, although access to experienced, non-judgemental, veterinary advice has provided the necessary professional expertise when necessary."
More information about the VCMS and its processes can be found on the service’s dedicated website: https://www.vetmediation.co.uk/
To contact the service directly call 0345 040 5834 or enquiries@vetmediation.co.uk
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