'Thoroughly depressing' - jockeys' boss Paul Struthers slams BHA after jockey suffering from ADHD is cleared over sample lapse

The Professional Jockeys Association chief executive Paul Struthers has called the BHA’s treatment of Curtis Wilson-Ruddock “thoroughly depressing” after the apprentice jockey was cleared of failing to provide a urine sample to drug testers on the grounds that his attention deficit hyperactivity disorder (ADHD) had caused him to forget. 

Wilson-Ruddock, 22, was told he would face no punishment at a hearing on Monday after he left Beverley in May last year without giving a sample, despite being selected to do so. He told the panel the break-up of a relationship had prevented him from accessing his medication from his ex-girlfriend's home and had offered to take a test at another track that night, before providing clear samples at York later that week.

Rory Mac Neice, representing Wilson-Ruddock, said in the hearing the BHA knew the jockey had ADHD and should have modified its procedures for that, but Tomas Nolan, for the BHA, argued those changes would be impractical.

However, Struthers, who began his second stint as the PJA's chief executive this year, believes the BHA did not adhere to its own code of conduct in not making modifications for Wilson-Ruddock's case because of his ADHD.

He said: "It really doesn't have to be rocket science. Interestingly one of the worked examples in the 2010 United Kingdom Equality Act's guidance specifically refers to ADHD and it is protected in relation to the non-excluded effect of the condition, such as an inability to concentrate. For example, he would be entitled to any reasonable adjustments that are required as a consequence of those effects.

"It would be little more than an email to clerks of the scales to say should any of these individuals with ADHD be selected for sampling, they should be reminded about it at numerous points during the day, or should be escorted to it. 

"The rules state you need to provide a sample 30 minutes after the last race, and Curtis wouldn't have been back within that time. But that would have been a reasonable adjustment to make to wait for him to provide that sample. It just isn't difficult, but we're confident it's a hurdle that can be easily overcome."

He added: "We have a code of conduct the BHA published, and whether or not the BHA is in breach of the conduct is irrelevant because Curtis won his appeal, but the BHA clearly was in breach because it did discriminate against him, as it didn't provide any reasonable adjustments to these rules, despite knowing he has ADHD. The BHA rightly holds everyone to a high standard of conduct, but not itself."

Aleezdancer: Curtis Wilson-Ruddock had been due to ride the gelding at the Dante meeting

Struthers also hit out at the BHA's handling of an interim suspension for Wilson-Ruddock following the Beverley incident. He had been due to ride Aleezdancer for his boss Kevin Ryan in a 6f handicap at York's Dante meeting a day later.

He said: "It was a massive moment in his career. I don't have any qualms about the application for an interim suspension as it goes hand-in-hand with failing to provide a sample or a positive test, but this one wasn't granted by Sarah Crowther KC [chair of the BHA’s independent judicial panel] because she felt the risk was incredibly low and didn't warrant it, but they suspended him anyway. 

"If you're going to ignore the vital checks and balances in place, then we're in a very dangerous situation. The BHA cannot have a process that requires an application to an independent panel, with the most senior member of the judicial panel on it, and when it doesn't like their decision, it chooses to act arbitrarily and prosecute Curtis quite aggressively. That is terrible regulation. It's a thoroughly depressing saga that cannot happen again."

Struthers also said he hopes that the case of Wilson-Ruddock, who has not ridden under rules since October, can be a learning curve if similar ones arise in the future.

"This has been a huge relief to Curtis and his family and justifiably so. Credit to Dale [Gibson] and the PJA board as it happened prior to me joining," he added. "The PJA is a strong supporter of a really effective anti-doping regime working with the BHA that tests jockeys frequently and has a significant deterrent effect with penalties, but this wasn't what the case was about.

"This was about a young jockey who we feel was unfairly treated by the BHA in a poor example of regulatory overreach, which we must ensure doesn't happen again."

A BHA spokesman said: “The BHA cannot comment on this case until we are in receipt of written reasons from the Disciplinary Panel and have had time to consider them. We will provide a full response in regards to this case when those reasons are published. However, the comments and allegations from Paul Struthers are questionable and irresponsible, especially in light of the fact that no written reasons have yet been published. We will address this directly with the PJA.”

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