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InFocus

To disclose or not to disclose, that is the question

“It is critical to understand both the professional code and internal practice policies when deciding whether to disclose information in respect of animal welfare concerns as poor judgement may have criminal ramifications”

At their very core, all veterinary professionals – both veterinary surgeons and veterinary nurses – have a love of animals. Therefore, when animal welfare concerns arise, veterinary professionals both want to act and are obliged to act in accordance with the Royal College of Veterinary Surgeons (RCVS) Code of Professional Conduct for Veterinary Surgeons (“Surgeons Code”) and the RCVS Code of Professional Conduct for Veterinary Nurses (“Nurses Code”). While adherence to the Surgeons Code and/or Nurses Code (together “the Code”) is paramount, veterinary professionals must also be aware of, consider and follow, where applicable, the RCVS’s supporting guidance to protect their RCVS registration.

The Code states that veterinary professionals must make “animal health and welfare their first consideration when attending to animals”

The Code

The Code states that veterinary professionals must make “animal health and welfare their first consideration when attending to animals”. While a veterinary professional must not disclose “to any third party any information about a client or their animal”, there are naturally exceptions to the rule. These are: obtainment of client consent; disclosure being justified by animal welfare concerns or the wider public interest; and where disclosure is required by law.

Taking the second point above in isolation, and focusing solely on animal welfare concerns, the RCVS provides examples where veterinary professionals may exercise their professional judgement and make a report to the relevant authorities (eg RSPCA/SSPCA). These include where:   

  • An animal shows signs of abuse or neglect
  • A dangerous dog poses a risk to safety
  • A breeder without a licence to breed presents a litter or has breached the licence conditions

In circumstances such as these, and where a veterinary professional considers there to be reasonable grounds that an animal is showing signs of harm, abuse and neglect, or is at a real and immediate risk of harm which extends to other animals in the client’s care, the legitimate interest in disclosing the client’s personal data overrides the client’s rights to the protection of their personal data.

Practical implications

Looking to the Code and supporting guidance for assistance, veterinary professionals must be aware of the following practical implications before making a disclosure.

Record, contemporaneously or as soon as possible after the incident, the reason(s) why disclosure is warranted

  1. Where appropriate, attempt to discuss your concerns regarding the welfare of the animal(s) with the client before considering disclosure
  2. Try to obtain first-hand knowledge of the relevant facts as opposed to third-party information, also known as hearsay information, before determining whether to make a disclosure
  3. If in doubt, take the time to speak with a senior colleague or your defence organisation, professional association or the RCVS’s professional conduct department to obtain advice on whether a disclosure is warranted
    • Where the veterinary practice has an internal policy or guidelines regarding making a disclosure, ensure you follow the relevant internal policy. Failure to do so may result in the commencement of internal disciplinary proceedings
  4. Only disclose the information necessary to protect the animal(s) welfare or the public interest
  5. Record, contemporaneously or as soon as possible after the incident, the reason(s) why disclosure is warranted along with any conversations held with the client, colleagues or professionals and the justification for disclosure within the client’s notes. The RCVS specifically states that it may be “helpful to cite relevant paragraphs of the supporting guidance in their notes to support their decision-making and may consider adding a photo or video evidence to support their decision”
    • If a complaint is raised against you by the client later down the line, it is unlikely you will be able to remember everything with absolute clarity. Therefore, you will rely on the notes you made at the relevant time, and so your notes must be full and robust. You will also be able to submit your contemporaneous notes to the RCVS as part of your defence, as required

Conclusion

Regarding the above, it is important that veterinary professionals follow their practice’s internal policies in addition to the Code and supporting guidance before exercising their professional judgement and disclosing to the relevant authority(s). While it might be tempting for veterinary professionals to take matters into their own hands, this is not advisable. Not only is this contrary to the Code, but it can also have criminal ramifications. This was recently exemplified in an RCVS-published Disciplinary Committee outcome where a veterinary nurse received a criminal conviction for theft, followed by a reprimand and warning from the RCVS for their involvement in the theft of animals allegedly being raised for slaughter and/or where the group disagreed with the animal welfare standards implemented.

 

Nicola Wheater

Nicola Wheater is an associate in Harrison Clark Rickerbys’ healthcare regulatory team. She advises on a wide range of legal issues that impact registered professionals which includes RCVS Preliminary Investigation Committee and Disciplinary Committee matters.


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