Devon-based vet removed from Register for dishonest certification of cattle tests

The RCVS Disciplinary Committee has directed that a Devon vet be removed from the Register after he was found to have put public health at risk by dishonestly certifying cattle test results.

The hearing for Brian Cullen Bowles MRCVS took place from Monday 7 to Friday 11 October 2024 in respect of four charges against him. Mr Bowles did not communicate with the RCVS having been sent notification about the hearing, nor did he or a legal representative attend the hearing. With that being the case and following an application by the RCVS, the Committee decided that it was in the interest of justice to proceed with the hearing in his absence.

The first charge was that, on 12 May 2020, while attending a farm in Lincolnshire in his capacity as an Official Veterinarian, Mr Bowles carried out Intradermal Comparative Tuberculin (ICT) tests on a herd of cattle but failed to measure the skin thickness of all the cattle using callipers and failed to take and record measurements for the cattle. The Committee was provided with evidence that Mr Bowles had, in earlier correspondence with the RCVS, admitted the fact that he had failed to follow Animal and Plant Health Agency (APHA) standard operating procedures for ICT testing at the farm and so the charge was found proven.

The second charge was that on or around 15 May 2020 Mr Bowles certified the results of the ICT test when they had not been measured accurately when he visited the farm on 12 May 2020. The Committee found this charge proven on the basis that, without using callipers to measure skin thickness, he was not entitled to certify the test.

The third charge was that his conduct in relation to the first two charges was dishonest, misleading and risked undermining government testing procedures designed to promote public health and animal welfare. The Committee found all elements of the charges proven.

The fourth, and final, charge was that his conduct regarding the testing took place despite warnings, advice and re-training being given to Mr Bowles by the APHA. These included: a letter sent to Mr Bowles’s by APHA in December 2014 about the suspension of his OV status after he failed to comply with APHA rules; a letter sent by the APHA to Mr Bowles’s employer in October 2016 regarding issues of non-compliance it had found during a September 2016 audit; and, the suspension of Mr Bowles’s OV duties by his employer, pending further training, following issues of non-compliance. With the evidence before it of Mr Bowles’s history of non-compliance with APHA standard operating procedures and standards, the Committee found the charge proven.

“The Committee’s view is that the respondent’s conduct in refusing to follow the OV Instructions when testing cattle in May 2020 constituted conduct of an egregious kind. In addition, there are several aggravating elements which can be applied to his misconduct."

Having found all four charges against Mr Bowles proven, the Committee then went on to consider if they amounted to serious professional misconduct. The Committee found that charges 1 to 3 did amount to serious professional misconduct but that charge 4, while making the conduct in the other charges more serious, did not in and of itself constitute serious professional misconduct.

In determining the most appropriate sanction for Mr Bowles, the Committee found that he had paid ‘scant regard’ to the testing procedures set out by APHA and breached the RCVS certification requirements set out in the Code of Professional Conduct for Veterinary Surgeons in ‘numerous and serious’ ways.

Hilary Lloyd, chairing the Committee and speaking on its behalf, said: “The Committee’s view is that the respondent’s conduct in refusing to follow the OV Instructions when testing cattle in May 2020 constituted conduct of an egregious kind. In addition, there are several aggravating elements which can be applied to his misconduct, including a risk to animal or human health; his lack of probity and integrity in certifying test results which he knew were non-compliant and unreliable; recklessness in reaching a conscious decision to ignore the OV Instructions; his failure to comply with the requirements of the position of trust and responsibility which attached to his APHA authorisation; and against a backdrop of sustained pattern of behaviour that displayed blatant disregard of the system that regulated TB testing by OVs. It follows that the respondent manifested no insight into the seriousness of his misconduct when acting as an OV.”

“Given the amount of advice received and re-training which the respondent was required to undertake, he has already had ample opportunity to remediate his practice but has not done so. The Committee is therefore concerned that there is a very real risk of further repetition of this conduct in the future were he to be permitted to remain on the Register."

The Committee considered whether there were any mitigating factors regarding Mr Bowles’ conduct. In doing so it took into account that Mr Bowles had not secured any financial advantage, that there was no actual harm to animals, and that he had a long career as a veterinary surgeon, although with a history of non-compliance. It noted that there had been some late admissions of misconduct by Mr Bowles when he tendered an apology, but found this mitigation was undermined by the fact his explanations lacked consistency and that he had also initially asserted that he had used callipers during the testing.

Due to the seriousness of the non-compliance, the dishonesty and the potential risk to public health, the Committee considered that removing Mr Bowles from the Register was the only proportionate and appropriate response to the scale of misconduct.

Hilary Lloyd added: “Given the amount of advice received and re-training which the respondent was required to undertake, he has already had ample opportunity to remediate his practice but has not done so. The Committee is therefore concerned that there is a very real risk of further repetition of this conduct in the future were he to be permitted to remain on the Register.

“The Committee’s concern in this regard stems from the fact that the dishonesty of which the respondent has been found guilty, was not dishonesty committed on the spur of the moment. The respondent had ample opportunities for reflection before resolving to act as he did. This places his acts of dishonesty in the most serious category.

“The public is entitled to expect that it can have confidence in the certifications of a veterinary surgeon who is carrying out a public duty on behalf of that public body. Indeed, that is the whole purpose behind the requirement that OVs undertake additional and specialised training before being permitted to undertake OV duties.”

Mr Bowles has 28 days from being informed of the results of the disciplinary hearing to appeal the decision.

Please note: This news story is intended to act as a summary of the hearing to help in understanding the case and the Committee's decision. The full facts and findings from the case can be found on our disciplinary hearings webpage.