Disciplinary Committee refuses application for restoration

The Disciplinary Committee of the Royal College of Veterinary Surgeons has this week refused an application for restoration to the Register from a former Hertfordshire veterinary surgeon who was struck off a year ago for being unfit to practise.

Miss Lesley Kay, of Cambridge Road, Sawbridgeworth, was removed from the Register in January 2007 following her multiple convictions for drink-driving offences, driving disqualification and four-month imprisonment.

The original hearing was held in December 2006, but adjourned until January 2007 to allow time for Miss Kay, who admitted suffering from alcoholism, to address her personal problems and to satisfy certain conditions that the Committee laid down.

However, at the resumed hearing, the Committee was not satisfied these conditions had been met and heard evidence that Miss Kay had resumed drinking alcohol, despite her assurances to the contrary. Her name was therefore removed from the Register on the grounds that it was unsafe for her to continue to practise.

At this week’s hearing [28-29 January 2008], the Committee felt that Miss Kay presented no substantive evidence that her alcoholism was under control. The two blood tests she had had were undertaken too recently for the results to be available and, in any event, were considered too few to be of value to the Committee in assessing her long-term condition.

The Committee was also concerned that Miss Kay had been without professional support or counselling for the past five months, after she cancelled her planned meeting with the Veterinary Surgeons Health Support Scheme and stopped attending Alcoholics Anonymous meetings. It felt that she did not recognise the severity of her condition and stated it “could not be satisfied that if she returned to the stresses and strains of practice she would not have sought comfort in drink”.

Mr Brian Jennings, chairing the Disciplinary Committee, said: “We have not been persuaded of [Miss Kay’s] fitness to practise and therefore cannot say that animal welfare will be protected and public confidence in the veterinary profession maintained. On that ground alone we would have decided to refuse her application.”

However, further evidence was provided by four witnesses to show that, since being struck off, Miss Kay had also continued to practise, to advertise her veterinary services and to prescribe and dispense prescription-only veterinary medicines. Whilst admitting to this evidence, Miss Kay claimed ignorance of the fact that her continuing to practise was a criminal offence.

Mr Jennings said: “We find that Miss Kay’s conduct brings the profession into disrepute and is opposite to that which we would expect of a veterinary surgeon. We were neither persuaded that Miss Kay understood her behaviour was reprehensible, nor that it would be safe for her to be restored to the Register. Miss Kay must abstain from any act which could be construed as being that of a qualified veterinary surgeon and her application is hereby refused.”

For more information, please contact

Ian Holloway, Senior Communications Officer, Royal College of Veterinary Surgeons

020 7202 0727 / [email protected]

NOTES FOR EDITORS

1. The RCVS is the regulatpry body for the veterinary profession 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. Further information, including the original Inquiry into Miss Kay, can be found via www.rcvs.org.uk/disciplinary.