What should you do if a complaint is made about you?

If you are notified by the VCI that a complaint has been made about you, it is advisable that you consult your insurers/indemnifiers, representative body or solicitor. The VCI cannot provide legal advice.

The VCI appreciates that having a complaint made against you can be difficult and stressful. It may be useful to consider having support and appropriate advice available to you during this time.

The Vet Life Programme is a confidential service that provides support to registered persons in Ireland who may be going through a difficult time with stress. It is fully independent and separate from the VCI. Vet Life can be contacted by telephone, 24 hours a day, 365 days a year on 1800 145 145 or visit www.ivbf.ie.

What happens if the complaint is referred to the Fitness to Practise Committee?

The Fitness to Practise Committee (“the FTPC”) deals with complaints about professional misconduct or any other ground of complaint under section 76 of the Act.

These inquiries (also called hearings) are generally conducted in public although some evidence may be heard in private where the committee considers it appropriate. If the inquiry is held in public, any member of the public may attend.

The registered person who is the subject of the complaint may apply in writing to the Fitness to Practise Committee for the inquiry or part of the inquiry to be held in private or for her/his identity to be anonymised. Any person called to attend as a witness may make a similar application to the FTPC.

Evidence presented

The hearing is like a court hearing where evidence is given under oath or affirmation. The FTPC sits in panels of five members comprising a legally qualified Chairperson, two persons who are registered persons and two persons who are not registered persons.

The legal representatives of the Registrar/Chief Executive Officer of the VCI will open the inquiry, present their evidence, and call witnesses to give evidence in support of the complaint.

The registered person or their representative may question these witnesses about their evidence. The committee may also ask witnesses questions about their evidence.

Once the legal representative for the Registrar has completed presenting their case, the registered person, or their legal representative may make submissions to the FTPC and/or call witnesses to give evidence. The FTPC may also ask these witnesses questions.

The FTPC Report

When all the evidence has been heard, the FTPC will draw up its report containing the following information:

• The nature of the application.
• The evidence laid before it.
• Any other matter in relation to the registered person to whom the inquiry relates as it considers appropriate; and
• Its opinion as to whether one or more of the grounds specified in section 76 (1) of the Act were found to be proven.

The FTPC may, if it has found an allegation proven, make a recommendation to the VCI’s Council as to the appropriate sanction(s).

If the FTPC has found any allegation proven against the registered person, the VCI shall decide to whether to impose one or more sanction on the registered person pursuant to Part 7 of the Act.

What sanctions can be imposed on a registrant?

The VCI’s Council can impose a range of sanctions, up to and including erasure from the relevant register, on a registered person.

A registrant can be sanctioned if:

(a) found guilty of professional misconduct

(b) unfit to practise by reason of physical or mental disability

(c) his or her registration is erroneous due to a false or fraudulent declaration or misrepresentation (d) he or she fails to comply with any provision of the Veterinary Practice Acts, or any regulations made under them.

The range of sanctions available to the VCI’s Council are:

1. Advice, Warn or Censure

These are the lowest sanctions which can be applied. Neither advice, warn or censure restrict the right of the registrant to practise.

2. Conditions on Registration

Conditions place restrictions on a registrant’s practice or ability to operate for a specified period of time. If conditions are attached, the registrant may continue to work or operate; however, the registrants must do so in a way which is consistent with the conditions imposed.

3. Suspension of Registration

Suspension prevents a registrant from practising for a specified period of time.

4. Removal of Registration

The registrant’s entry in the Register is removed and they will no longer be able to practise. They are no longer permitted to practise as a veterinary professional. It is used where there is no other way to protect animals and the public interest, for example, due to persistent lack of insight, or an inability or unwillingness to resolve matters. It may be appropriate even where the registrant does not present a risk to the public, but the nature and gravity of the allegations are such that any lesser sanction would lack the deterrent effect or undermine public confidence in the profession or in the regulatory process.