Can any one help? or has this happened to you?

[Michen]

it may have helped if you had put the full story in your first post. It is irrelevant if I or anyone else think it is fair that someone has let their dog off it's lead or anything else. I am sure your cows are wonderful, I love cows so I would think that. Personally I would never go through a field of strange cattle with or without a dog but that is also irrelevant. However people do have a right to use a footpath, and whilst I am very much on the side of the farmer, the public walking through a field of cattle, however lovely they are, is an accident waiting to happen and clearly needs measures to reduce or eliminate the risk. It's not really a case of speaking to locals simply the public and cows are in the same field and the potential for an accident and there have been some.

I think this is something that is going to happen time and again as housing estates are built near farm land and the public and their pets walk in the countryside. Not fair on the farmer but then again the public do have rights if not common sense.
Sadly I cannot see that you can do anything other than pay.

If your electric fence gives the footpath it's required width then if dogs are not on a lead and get stung at least you know the fencer is working.

is this field valuable to your farming? as you are so close to a housing estate what about a dog walking field? that way you could make money out of putting up with them

On that my friend bought a field to do exactly that and makes a tidy 35k a year pure profit...

 

[Tessflower42]

it may have helped if you had put the full story in your first post. It is irrelevant if I or anyone else think it is fair that someone has let their dog off it's lead or anything else. I am sure your cows are wonderful, I love cows so I would think that. Personally I would never go through a field of strange cattle with or without a dog but that is also irrelevant. However people do have a right to use a footpath, and whilst I am very much on the side of the farmer, the public walking through a field of cattle, however lovely they are, is an accident waiting to happen and clearly needs measures to reduce or eliminate the risk. It's not really a case of speaking to locals simply the public and cows are in the same field and the potential for an accident and there have been some.

I think this is something that is going to happen time and again as housing estates are built near farm land and the public and their pets walk in the countryside. Not fair on the farmer but then again the public do have rights if not common sense.
Sadly I cannot see that you can do anything other than pay.

If your electric fence gives the footpath it's required width then if dogs are not on a lead and get stung at least you know the fencer is working.

is this field valuable to your farming? as you are so close to a housing estate what about a dog walking field? that way you could make money out of putting up with them

That's an idea. we have foot paths in all but 2 fields. we need to use them all, we even had cyclists lifting their bikes into a field, with no foot path to go into the woods. I think the break down in communication is where people think they have a right to roam and not stay on the foot paths.. like you said electric fence, then get a shock. We have alot of deer here too and a few times they have got caught up in it. and that's horrible to see.. because they have got in such a tangle..

 

[Tessflower42]

Working from a tractor bucket is a no-no. Although we used to do it, we bought a proper cherry picker thing to go on the loader.

I know someone who had a £9,000 fine for a technical breach of H & S law, even though they had been let down by another firm who had a contract to inspect all the vehicles, they hadn't done it within the time limit and the company owner was in court for not having an up to date inspection.

I think all you can do is to argue your case, but I doubt if you can do anything about it. Had you been a member of the NFU they might have been able to help more, but that isn't any comfort to you now.

We do not pay anyone to work here. If we fall out of the bucket then that's our own fault.. HSE gone mad..

 

[Pearlsasinger]

I did dispute it, they took nearly 3 months to get back to me..

So do you think it is fair, that a person, who you have told on more than 5 occasions to get their dog on a lead and they choose not too, to let them run around cows and you tell them not too, for me to get the blame..
If a dog chases a cow, what else could the irresponsible person think is going to happen? I have 3 dogs that are with them every day.. even been in the pen when they have given birth.. with me when they are out roaming the fields, never a problem once..

You need to instruct a solicitor. It's a pity you didn't do that at the beginning.

 

[Polos Mum]

You need to instruct a solicitor. It's a pity you didn't do that at the beginning.

For £4k fee - which is based on their hours incurred - I'm honestly not sure that I would. You could easily pay the same again in solicitors fees - to then have to agree that the hours incurred by HSE were OK. It's only three days of time at their hourly rate - if there were 2 of them it's only 1.5 days. Easy to see how that could be spent on a long held family farm close to a residential area.

 

[emilylou]

I did dispute it, they took nearly 3 months to get back to me..

So do you think it is fair, that a person, who you have told on more than 5 occasions to get their dog on a lead and they choose not too, to let them run around cows and you tell them not too, for me to get the blame..
If a dog chases a cow, what else could the irresponsible person think is going to happen? I have 3 dogs that are with them every day.. even been in the pen when they have given birth.. with me when they are out roaming the fields, never a problem once..

I hate how nannying our country has become. It’s not your fault some idiot feels he can do as he wants and has his dog hurt as a result. The fact you are now faced with this bill is so wrong. Footpaths should be maintained to be passable and accessible to use AT YOUR OWN RISK.
After this I would sit out with a gun and shoot any dog that chases sheep/cows when walked through the fields off the footpath.
Why this is even an issue for you is beyond me.
I’d want proof of law that states it is a requirement to fence off the footpaths as they have requested before I’d be paying them anything at all.

 

[EventingMum]

Deleted, I didn't spot that OP hasn't got NFU membership.

 

[Ossy2]

For £4k fee - which is based on their hours incurred - I'm honestly not sure that I would. You could easily pay the same again in solicitors fees - to then have to agree that the hours incurred by HSE were OK. It's only three days of time at their hourly rate - if there were 2 of them it's only 1.5 days. Easy to see how that could be spent on a long held family farm close to a residential area.

absolutely I don’t think there is any disputing the time spent here, That number of hours could easily be justified for the work done, especially if they use a timesheet based system to track him spent.
To be perfectly honest I’d be thankful they haven’t taken the person in a tractor bucket incident further, whether you employ anyone or not you are still classed as self employed and HSE legislation still applies to you, it’s there to help protect people. Don’t get me wrong I hate the world of “where’s there’s a blame there’s a claim” try managing a construction site when even if thieves break in Illegally and then injure themselves you can still be liable.

You don’t just need to pay up you need take on they’re recommendations also

 

[TPO]

No personal experience outside of work but HSE was a big part of current construction course.

I'm in Scotland so lots of things are different but I've never heard of footpaths/RoW having to be fenced at farmers expense.

I dont think it'll take long for them to rack up a 4k bill. Although they were only a few hours with you itll be their time typing the report and carrying out their work.

It would be worthwhile going to HSE website and familiarising yourself with their requirements. I get the whole using a bucket instead of a cherry picker etc but they are really hot on things like this and the storage of chemicals along with risk.

It might be worth speaking to your local council regarding the fencing of "their" footpaths. It might also be worthwhile seeking legal advice as to what should be put in place and working of signage etc

Obviously I dont know your circumstances but of theres a housing estate nearby is selling your land for development an option? I know a couple of farmers who've made a small (millions!) fortune and that's allowed them to buy just as sizeable farms elsewhere with lots left over

 

[paddy555]

I’d want proof of law that states it is a requirement to fence off the footpaths as they have requested before I’d be paying them anything at all.

the point is not is it a requirement to fence off footpaths but the question of risk assessing the situation to reduce or eliminate the risk,
If you have a field of cows and walkers with dogs then there is a potential risk.

The only ways around this problem are either for the state/walkers organisations to contribute towards fencing paths or alternatively to move some of them to safer positions where they either avoid stock or can be fenced more easily. That would be a more sensible solution. However hell is likely to freeze over before permission is given to move some of these footpaths.

 

[Goldenstar]

Thank you. They have said they want us to put up electric fence, but when we did that, people came knocking on my door that their dogs had had a shock. Even though we had given them 2 meters and signs every other section and signs on the posts coming into the field. Even had someone complain when we turned on the light at 2am when we were calving!
its also not a straight forward field, imagine a rectangle with 3 entrance/ exits. We are not allowed to redirect the foot path..

have you applied to redirect the foot path ?

 

[PeterNatt]

It is unfortunate that this incident was reported to the Health and Safety Executive and they decided to carry out an investigation.
Much legislation has been introduced in recent years which means that anyone running a business (including farming) has so much more to comply with and ensure that they have all the documentation in place.
Unfortunately there have in the past few years been a number of incidents involving cattle and dogs which sadly in some cases have involved someone loosing their life.
You have a duty of care for anyone on your land whether legally or illegally.
Dog walkers however must have their dogs under control at all times in a public place which includes public rights of way and they must stick to the public footpaths.
I would also take advice from the Country Land and Business Association, The NFU and also a Health and Safety Consultancy that specialises in Agricultural matters. If you need a solicitor then I would ask the Country Land and Business Associations and the NFU for the names and contact details of solicitors that they use when there members have problems.
Finally my advice would be to join the NFU or Country Land and Business Association as they will keep you up to date with the current legislations that you need to comply with.
I am sorry that you and your family have found yourself in this unfortunate position which will have no doubt proved very stressful to you.

 

[Tessflower42]

You need to instruct a solicitor. It's a pity you didn't do that at the beginning.

I didn't know anything about it, until HSE turned up. Try and find me a solicitor. I have be trying for months.. anyone knows anyone please let me know, because i have run out of options.

 

[Tessflower42]

have you applied to redirect the foot path ?

I have but that's thousands!!

 

[Tessflower42]

It is unfortunate that this incident was reported to the Health and Safety Executive and they decided to carry out an investigation.
Much legislation has been introduced in recent years which means that anyone running a business (including farming) has so much more to comply with and ensure that they have all the documentation in place.
Unfortunately there have in the past few years been a number of incidents involving cattle and dogs which sadly in some cases have involved someone loosing their life.
You have a duty of care for anyone on your land whether legally or illegally.
Dog walkers however must have their dogs under control at all times in a public place which includes public rights of way and they must stick to the public footpaths.
I would also take advice from the Country Land and Business Association, The NFU and also a Health and Safety Consultancy that specialises in Agricultural matters. If you need a solicitor then I would ask the Country Land and Business Associations and the NFU for the names and contact details of solicitors that they use when there members have problems.
Finally my advice would be to join the NFU or Country Land and Business Association as they will keep you up to date with the current legislations that you need to comply with.
I am sorry that you and your family have found yourself in this unfortunate position which will have no doubt proved very stressful to you.

NFU will not help me because i am not a union member, even though we have insurance with them, which seems a waste of time. but thank you for the other information i will give them a try

 

[ROMANY 1959]

My cousin and her husband run a dairy farm, 20 years ago they were in the middle of no where, 4 footpaths through 120 acres, there was old decrepid. Styles, they changed them to weighted kissing gates on request, 8 of them.. they altered the bridle path to install horse friendly gates.
Now housing has crept closer and closer, fetching walkers, Dogs, and kids. They went to great expense to enclose the footpaths with stock fencing and posts. With barb wire on top, this fence is 5 foot high to discourage walkers from climbing it.
They changed where the cows are, and made the two largest fields into hay and silage fields, so no fear of any cow incident. Or so they thought, ? during lock down, droves came out to walk kids, dogs, bikers, pick nicks in their fields, a complaint when they muck spread on someones fav field they let their kids play in, some one even put up a rope swing in a big tree..God forbid if a kid got hurt should a branch break, Dog poo in the hay field, rubbish left behind, BBQ detrus, even plastic chairs left under a tree line. One night Farmer found 3 tents with kids in ?
now they have had to fork out thousands for signage, warning notices, footpath signs, and some even moan about the stock fencing keeping them safe from cows with calf’s. You couldn’t make it up..
But the horse fraternity are so nice, they were consulted about style of horse friendly gates they put in. And when the big field has been cut from haylege, they are allowed to have a hoolie on the field for a week or so if it is dry
so all in all. I feel so sorry for the farmer, Townies make their lives and making a living so difficult.. thankfully they not had any run ins with H&S lot yet

 

[AmyMay]

the point is not is it a requirement to fence off footpaths but the question of risk assessing the situation to reduce or eliminate the risk,
If you have a field of cows and walkers with dogs then there is a potential risk.

The only ways around this problem are either for the state/walkers organisations to contribute towards fencing paths or alternatively to move some of them to safer positions where they either avoid stock or can be fenced more easily. That would be a more sensible solution. However hell is likely to freeze over before permission is given to move some of these footpaths.

So how does this apply to common land where walkers and ‘stock’ have to co-exist? Or any land for that matter where stock are? I’m often walking amongst cows and sheep (on footpaths) and usually via the coastal paths? There’s certainly no barrier between me and them or electric fencing. How is that risk suppose to be mitigated? (However I will point out that I fully accept the risk of doing so).

 

[Pearlsasinger]

I didn't know anything about it, until HSE turned up. Try and find me a solicitor. I have be trying for months.. anyone knows anyone please let me know, because i have run out of options.

I simply rang BHS(as a gold member) and they put me in touch with an appropriate solicitor. The matter was sorted at no extra expense. I was dealing with Environmental Health not HSE though

 

[honetpot]

Thank you guys, nice to get some feed back.. It is a fee for intervention. so Yes it is for their time. I didn't ask them to come out. We do own the farm, with cattle.
They say we have to pay because we are in breach of the law. Because the signs weren't robust enough!! even though photos were taken and very clear. And saying we should of had the foot path fenced off!!! since when was that ever a legal thing. Our cows are lovely as they saw, but being chased by a dog, they are going to protect. I have contacted a few solicitors, even though they are suppose to deal with Agriculture they cant help!!
this is a reply.
My E-Mail and the NoC both specified the breach of law – Section 3(1) of the Health and Safety at Work etc. Act 1974. This law places a duty on you: -
to conduct your undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

for starters it was a dog, not a person and the same person was here with his other dog on sunday, just strolling through, no lead, not on the foot path!!

The the Farming Forum, and inform your insurers of the claim. The forum will tell you of a good agricultural solicitor, many have offices all over the country.
We used ,https://www.roythorne.co.uk/site/sectors/agriculture-lawyers-solicitors/, at they cover a large area.
https://thefarmingforum.co.uk/index.php?threads/footpath-problem.326095/
I have no footpaths but I have legal insurance that covers all my land, just in case someone decides to climb over the fence.

 

[OrangeAndLemon]

HSE only charge a fee for intervention where they find an issue. Had HSE found no fault, there would have been no charge. It seems unusual they left giving you the impression everything was fine if they're also charging. It's probably worth calling to check what they felt was wrong or you'll be facing further charges in future because you can't put right what was wrong.

What advice have they given? Were you issued with anything like an improvement notice?

 

[Nasicus]

HSE only charge a fee for intervention where they find an issue. Had HSE found no fault, there would have been no charge. It seems unusual they left giving you the impression everything was fine if they're also charging. It's probably worth calling to check what they felt was wrong or you'll be facing further charges in future because you can't put right what was wrong.

What advice have they given? Were you issued with anything like an improvement notice?

This! Can you imagine if they charged just for turning up on someone else's word and finding no issues? That would get abused beyond belief!

 

[Tessflower42]

My cousin and her husband run a dairy farm, 20 years ago they were in the middle of no where, 4 footpaths through 120 acres, there was old decrepid. Styles, they changed them to weighted kissing gates on request, 8 of them.. they altered the bridle path to install horse friendly gates.
Now housing has crept closer and closer, fetching walkers, Dogs, and kids. They went to great expense to enclose the footpaths with stock fencing and posts. With barb wire on top, this fence is 5 foot high to discourage walkers from climbing it.
They changed where the cows are, and made the two largest fields into hay and silage fields, so no fear of any cow incident. Or so they thought, ? during lock down, droves came out to walk kids, dogs, bikers, pick nicks in their fields, a complaint when they muck spread on someones fav field they let their kids play in, some one even put up a rope swing in a big tree..God forbid if a kid got hurt should a branch break, Dog poo in the hay field, rubbish left behind, BBQ detrus, even plastic chairs left under a tree line. One night Farmer found 3 tents with kids in ?
now they have had to fork out thousands for signage, warning notices, footpath signs, and some even moan about the stock fencing keeping them safe from cows with calf’s. You couldn’t make it up..
But the horse fraternity are so nice, they were consulted about style of horse friendly gates they put in. And when the big field has been cut from haylege, they are allowed to have a hoolie on the field for a week or so if it is dry
so all in all. I feel so sorry for the farmer, Townies make their lives and making a living so difficult.. thankfully they not had any run ins with H&S lot yet

Hooray, someone knows how i am feeling. They have picnics and leave their rubbish, play frisbee in the mowing grass..
I was brought up, making mud pies, climbing trees, swinging on vines, yep they broke, we got hurt, we got up and did it again!! we made go karts, we went roller skating in the middle of the roads.. all but 2 very small fields have foot paths so we have to use these fields.

 

[Tessflower42]

HSE only charge a fee for intervention where they find an issue. Had HSE found no fault, there would have been no charge. It seems unusual they left giving you the impression everything was fine if they're also charging. It's probably worth calling to check what they felt was wrong or you'll be facing further charges in future because you can't put right what was wrong.

What advice have they given? Were you issued with anything like an improvement notice?

I have called so many times, only last week they gave me a reason. They say the signage wasn't robust enough!
It was laminated and you can read every word, just wasn't made out of metal!!
Also they said they want us to put in a fence between the foot paths, so 2 of our fields would have diamond and obscure fields because there are 3 exits/ entrance. Surely if our cows were that dangerous and the amount of people walking, playing and even bike riding! there would be loads of accidents a week. We are talking a dog chasing cattle, and getting kicked, no aggression to people...We have had a neighbour who keeps horses, they had to fence of the field where the foot path is. 4 years later it's all over grown and people cant walk it!!

 

[Tessflower42]

The the Farming Forum, and inform your insurers of the claim. The forum will tell you of a good agricultural solicitor, many have offices all over the country.
We used ,https://www.roythorne.co.uk/site/sectors/agriculture-lawyers-solicitors/, at they cover a large area.
https://thefarmingforum.co.uk/index.php?threads/footpath-problem.326095/
I have no footpaths but I have legal insurance that covers all my land, just in case someone decides to climb over the fence.

Ahh Thank you, that is a huge help, I have no one around here.

 

[TPO]

I dont think anyone disagrees that people, in general, are awful. "Townies" especially appear to feel entitled to do as they please. It's even worse in Scotland with "right to roam" (long story but there has never been a trespass law in scotland but SNP made a big deal of countryside access for an easy win).

On my grandparents farm people would cut up through fields of stock and crop ad a shortcut rather than continue their walk along an old railway. Houses backed onto one far away field and they would throw their rubbish over their fences into it.

I rented a 10acre field and farm building with stables and people would walk their dogs through the middle of it, loose around the horses and just walk through all the farm buildings as they pleased.

Where I am now there is a super expensive cluster of "award winning" houses owned by rich, intelligent people who have good jobs so you'd assume a modicum of common sense but nope. They trail through the middle of crop fields and when the farmer asks them nicely not to, and directs them to actual footpaths, they refuse because it is "their right" to go where they please.

Nice farmer next door allows riders who ask to ride around the outskirts of his grass fields and stubble. He asks that you stick to the boundary and dont ride in the middle. He rocked up one day to find someone who had asked permission and been given the spiel to schooling circles through the middle of the field. Another time he found a group of riders who jadnt asked permission riding through the middle of a his fields. He questioned them about seeking permission and was rudely told they didnt need any because they can ride where they want. Farmer now put cattle in the fields and landlocked gates so no one can ride in them.

My long convoluted point is I, and I'd assume many others on here, all sympathise with you and think people coming onto your land and treating it, and you, as such are abhorrent but the issue now is that HSE are involved.

That is a whole different ball game. It's not fair that this had landed on your doorstep because of the actions of others but it sadly has. Rightly or wrongly even owned farms where all the work is done in-house are within the remit of the HSE down to "unsafe work practices", that we've all done, and steps to keep the (stupid) public safe (from themselves mainly...).

I think legal advice is your best way forward as well as implementing the recommendations from HSE.

 

[Tessflower42]

No personal experience outside of work but HSE was a big part of current construction course.

I'm in Scotland so lots of things are different but I've never heard of footpaths/RoW having to be fenced at farmers expense.

I dont think it'll take long for them to rack up a 4k bill. Although they were only a few hours with you itll be their time typing the report and carrying out their work.

It would be worthwhile going to HSE website and familiarising yourself with their requirements. I get the whole using a bucket instead of a cherry picker etc but they are really hot on things like this and the storage of chemicals along with risk.

It might be worth speaking to your local council regarding the fencing of "their" footpaths. It might also be worthwhile seeking legal advice as to what should be put in place and working of signage etc

Obviously I dont know your circumstances but of theres a housing estate nearby is selling your land for development an option? I know a couple of farmers who've made a small (millions!) fortune and that's allowed them to buy just as sizeable farms elsewhere with lots left over

that's what most of of neighbouring farmers have done and sold up..unfortunatly we are an area of outstanding natural beauty so we cant build. Looked into it!! I have spoken to local council and now got MP involved.

 

[HashRouge]

I have called so many times, only last week they gave me a reason. They say the signage wasn't robust enough!
It was laminated and you can read every word, just wasn't made out of metal!!
Also they said they want us to put in a fence between the foot paths, so 2 of our fields would have diamond and obscure fields because there are 3 exits/ entrance. Surely if our cows were that dangerous and the amount of people walking, playing and even bike riding! there would be loads of accidents a week. We are talking a dog chasing cattle, and getting kicked, no aggression to people...We have had a neighbour who keeps horses, they had to fence of the field where the foot path is. 4 years later it's all over grown and people cant walk it!!

What I'm slightly confused about here are the legalities. Your signage wasn't "robust enough" - what does this actually mean? As far as I can see from a bit of googling, there is no requirement for the signs to be made of metal (??). It is also not a legal requirement to fence off footpaths in fields where cattle graze (obviously different for bulls). Have a read of this: https://www.hse.gov.uk/pubns/ais17ew.pdf. They give some advice on cows with calves and fencing off footpaths but none of this is a legal requirement. Based on this, I don't see how they can actually find you culpable for not having your cows fenced off unless you were grazing a bull breed that is prohibited from grazing on a footpath. The other issue is your signage. Obviously I don't know exactly what HSE have said to you, but it is worth double checking your signage against British Standard 5499 (again, google was my friend here!) to see if it conforms to what is expected. If it doesn't, then there isn't much you can do, but if it does then frankly I would write back to them outlining that you already comply with all legal requirements. Certainly worth checking, if these are the only issues they have mentioned, but you need to be certain of the legalities and that you are definitely complying with the law.

 

[Orangehorse]

I suppose the County Council doesn't want to get involved, but I can't see that you were doing anything wrong. We have small signs from the NFU that say "Keep your Dog on a lead" but they are not massive.

You might appeal to your MP perhaps, saying that you complied with the law, put warning signs up and it seems a very hefty bill from H & S and get them to explain it, and also explain what you did wrong - the only trouble with this is that they might even add to the bill.

 

[Tessflower42]

I dont think anyone disagrees that people, in general, are awful. "Townies" especially appear to feel entitled to do as they please. It's even worse in Scotland with "right to roam" (long story but there has never been a trespass law in scotland but SNP made a big deal of countryside access for an easy win).

On my grandparents farm people would cut up through fields of stock and crop ad a shortcut rather than continue their walk along an old railway. Houses backed onto one far away field and they would throw their rubbish over their fences into it.

I rented a 10acre field and farm building with stables and people would walk their dogs through the middle of it, loose around the horses and just walk through all the farm buildings as they pleased.

Where I am now there is a super expensive cluster of "award winning" houses owned by rich, intelligent people who have good jobs so you'd assume a modicum of common sense but nope. They trail through the middle of crop fields and when the farmer asks them nicely not to, and directs them to actual footpaths, they refuse because it is "their right" to go where they please.

Nice farmer next door allows riders who ask to ride around the outskirts of his grass fields and stubble. He asks that you stick to the boundary and dont ride in the middle. He rocked up one day to find someone who had asked permission and been given the spiel to schooling circles through the middle of the field. Another time he found a group of riders who jadnt asked permission riding through the middle of a his fields. He questioned them about seeking permission and was rudely told they didnt need any because they can ride where they want. Farmer now put cattle in the fields and landlocked gates so no one can ride in them.

My long convoluted point is I, and I'd assume many others on here, all sympathise with you and think people coming onto your land and treating it, and you, as such are abhorrent but the issue now is that HSE are involved.

That is a whole different ball game. It's not fair that this had landed on your doorstep because of the actions of others but it sadly has. Rightly or wrongly even owned farms where all the work is done in-house are within the remit of the HSE down to "unsafe work practices", that we've all done, and steps to keep the (stupid) public safe (from themselves mainly...).

I think legal advice is your best way forward as well as implementing the recommendations from HSE.

What I'm slightly confused about here are the legalities. Your signage wasn't "robust enough" - what does this actually mean? As far as I can see from a bit of googling, there is no requirement for the signs to be made of metal (??). It is also not a legal requirement to fence off footpaths in fields where cattle graze (obviously different for bulls). Have a read of this: https://www.hse.gov.uk/pubns/ais17ew.pdf. They give some advice on cows with calves and fencing off footpaths but none of this is a legal requirement. Based on this, I don't see how they can actually find you culpable for not having your cows fenced off unless you were grazing a bull breed that is prohibited from grazing on a footpath. The other issue is your signage. Obviously I don't know exactly what HSE have said to you, but it is worth double checking your signage against British Standard 5499 (again, google was my friend here!) to see if it conforms to what is expected. If it doesn't, then there isn't much you can do, but if it does then frankly I would write back to them outlining that you already comply with all legal requirements. Certainly worth checking, if these are the only issues they have mentioned, but you need to be certain of the legalities and that you are definitely complying with the law.

Exactly my point, all those you have raised. You don't have to have signs unless bulls are in there. You don' have to have it fenced off.
After someone on here gave me a link to another solicitor, I have messaged them and they have actually came back and said they can help.

 

[Tessflower42]

I suppose the County Council doesn't want to get involved, but I can't see that you were doing anything wrong. We have small signs from the NFU that say "Keep your Dog on a lead" but they are not massive.

You might appeal to your MP perhaps, saying that you complied with the law, put warning signs up and it seems a very hefty bill from H & S and get them to explain it, and also explain what you did wrong - the only trouble with this is that they might even add to the bill.

We even have signs from the police, yellow ones... A4 with pictures as well as writing. all they keep saying is we have breached the law, section 3 (1) health and safety at work, expose to risks to their health and safety. ( or a long winded bit, but thats the jist of it)
I have got my MP but she's on maternity leave! but another lady called Trina has emailed and written to HSE and she is still waiting a reply! ITS A NIGHTMARE!!