RCVS makes private prosecution protocol permanent
During the trial period, the college received 65 reports of possible breaches of the VSA.
The Royal College of Veterinary Surgeons (RCVS) has decided to make permanent its protocol for launching private prosecutions against unqualified individuals breaking the Veterinary Surgeons Act (VSA).
The decision, which was made at the RCVS Council meeting on 6 June 2024, follows the completion of a 12-month trial of the protocol.
The protocol sets out how the RCVS can launch private prosecutions through the criminal courts against individuals when there is evidence they are breaching the VSA by practising veterinary surgery or using the title ‘veterinary surgeon’ when unqualified.
During the trial period, the college did not undertake any private prosecutions. However, introducing the paper at the council meeting, RCVS registrar Eleanor Ferguson said that it had helped the RCVS with gathering information about potential breaches of the VSA and liaise with other organisations.
The college received a total of 65 reports of possible breaches of the VSA during the trial period, the majority from members of the public. Just over half of the reports received related to the websites and social media accounts of canine fertility clinics and breeders.
In five cases, the college sent cease and desist letters. There was also one case of an unregistered person being referred to the police for claiming to be a veterinary surgeon, leading to a police caution.
There are 12 ongoing cases, including two which are active investigations involving the police and one involving trading standards.
Money has been ring-fenced in the college’s reserves to allow it to launch private prosecutions when there is enough evidence and it is judged in the public interest to do so.
Following the meeting, Ms Ferguson said: “Although we foresee that there will be relatively few private prosecutions taking place, it is necessary to have the protocol as a backstop because we recognise that UK police forces do not always have the time and resources necessary to pursue breaches of the VSA. We thank council members for approving this scheme on a permanent basis.”
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Companies marketing medicines for small pets exempt from authorisation must submit their annual return to the Veterinary Medicines Directorate (VMD) by 30 November 2026.
