Duty of care to animals on your property that you don't own

[laura_nash]

seems he has form and is banned from keeping dogs as a result

Yes, sounds like a lovely man. RSPCA were called in for that one after the police went round because he assaulted his wife.

I wouldn't be surprised if it was actually his horse and he was trying to get out of responsibility by denying ownership.

 

[ester]

The point you are missing is it does not matter who he spoke to the landowner is still legally responsible for the animals welfare if it belongs to them or not ,there is no defence to that.

I don't think I was missing the point at all, and I am not sure there is no defence to that given previous threads. If there is defence for abusing and neglecting your own animals of course there is defence for doing the same to those that don't belong to you.

I was just wondering if you phoned the RSPCA and requested assistance for any animal and they refused, it then became apparent the care you were providing wasn't good enough would then decide to prosecute or would they find the moral high ground not a bit tricky to adopt in those circumstances. It was just a pondering not a declaration that it would be adequate defence come a trial!

 

[ester]

I am also still unsure who knew he moved the horse on the 21st of January, and to whom he agreed to get a vet to it.

 

[SEL]

Is anyone near Thame? One of the kids who goes to school there was telling me about ponies who have been dumped in a field near there and the RSPCA are saying they are now the landowners responsibility and he has to pick up the vets bills. I thought that was ridiculous but reading this thread it looks to be true!

 

[Dry Rot]

Is anyone near Thame? One of the kids who goes to school there was telling me about ponies who have been dumped in a field near there and the RSPCA are saying they are now the landowners responsibility and he has to pick up the vets bills. I thought that was ridiculous but reading this thread it looks to be true!

Well, they would say that, wouldn't they?

Anyone got any legal references?

 

[JillA]

http://www.legislation.gov.uk/ukpga/2006/45/pdfs/ukpga_20060045_en.pdf

and this is the instructions put together by the charity I used to work with

"Dealing with the abandonment of a horse or pony

Firstly the Animal Welfare Act 2006 confers a Duty of Care on all owners and keepers of animals and prosecution may be taken against an owner or keeper not meeting the needs of an animal.

• If you can, look to see if the equine has a freezemark. If it does, make a note of the mark and contact Farmkey on 0870 870 7107 or Freezemark Ltd on 01295 690090.
• Check www.stolenhorseregister.com and www.ukhorsewatch.org.uk for equines that have been stolen.

• Report the abandonment to the police. Ask for an incident number when you speak to them and keep a note of it for future reference.

• If the equine is in poor condition or there is any sign of injury, make sure the RSPCA are aware of this. Inspectors may have or discover relevant information.

• Under the Animal Act 1971, if an animal is abandoned on your land, you are entitled to seize the animal, When you do this, you are advised that it is your duty to feed and care for it (keep the receipts), call a veterinary surgeon if necessary and also ensure that it is covered under your public liability insurance policy. Just in case!

• If you know the last address of the owner, then send a letter by Recorded Delivery asking her to come and remove the horse and pay the outstanding monies within 14 days. If the letter is returned as undelivered or after the 14 days are up, there is still no sign of the owner, you will need to put up an Abandonment Notice for a minimum of 14 days to notify passers-by that the equine has been abandoned. The notice will state that if the owner does not come forward, the animal may be legally re-homed or sold. To dispose of this animal in strict accordance with the law, it must be sold at public auction to get the best price.

• Attached is a template of an Abandonment Notice. *Sorry, I never received it, BHS may well have a version* Fill in the details appropriately, protect the notice from the elements (eg. wrap it in a clear plastic bag) and display it prominently at the gate to the field or yard where the equine has been found. It is not necessary to keep the equine where it was found, or for it to be kept where you display the notice. It can also be useful to put up a card in local tack shops, supermarket and post office or put a notice in the local Free Ads.

• Keep copies of all notices that you put up and notes of where you put them and for how long. If the owner does not come forward after the horse has been re-homed, you will need to prove that you followed all procedures correctly and made a significant effort to find the owner of the horse. If you can do this, your actions will be protected by the law.

• If the owner does not come forward within the defined period, by law you are able to take legal responsibility for the equine. This allows you to sell, re-home, euthanase or keep the horse or pony. However, the difficulty with acquiring an equine in this way is the absence of their passport, which is a legal requirement and essential if you want to sell the animal or need to have it treated by a vet. Contact Defra for passport advice.


• If the owner does come forward after the animal is sold, you will be expected to hand over the money that you received at auction less any outstanding livery fees and other reasonable expenses that you have kept record of.


• Whatever course of action you decide to take, it is imperative to keep records of money spent or received, expenses incurred and actions taken (such as veterinary treatment, vaccinations, worming and so on) for several months afterwards. There will always be the remote possibility that the owner may come forward in the future wishing to reclaim the horse (if the horse has been stolen before it was abandoned, they may have spent months looking for their equine). Here the law becomes even more complex and if an agreement with the owner cannot be reached, you may need to take legal advice to resolve the situation satisfactorily."

Doesn't really address the question of the welfare of the equines in question but I would say the RSPCA should step up in such cases. Maybe WHW or Blue Cross/BHS Welfare could pressure them to do so

 

[Dry Rot]

http://www.legislation.gov.uk/ukpga/2006/45/pdfs/ukpga_20060045_en.pdf

and this is the instructions put together by the charity I used to work with

"Dealing with the abandonment of a horse or pony

Firstly the Animal Welfare Act 2006 confers a Duty of Care on all owners and keepers of animals and prosecution may be taken against an owner or keeper not meeting the needs of an animal.

• If you can, look to see if the equine has a freezemark. If it does, make a note of the mark and contact Farmkey on 0870 870 7107 or Freezemark Ltd on 01295 690090.
• Check www.stolenhorseregister.com and www.ukhorsewatch.org.uk for equines that have been stolen.

• Report the abandonment to the police. Ask for an incident number when you speak to them and keep a note of it for future reference.

• If the equine is in poor condition or there is any sign of injury, make sure the RSPCA are aware of this. Inspectors may have or discover relevant information.

• Under the Animal Act 1971, if an animal is abandoned on your land, you are entitled to seize the animal, When you do this, you are advised that it is your duty to feed and care for it (keep the receipts), call a veterinary surgeon if necessary and also ensure that it is covered under your public liability insurance policy. Just in case!

• If you know the last address of the owner, then send a letter by Recorded Delivery asking her to come and remove the horse and pay the outstanding monies within 14 days. If the letter is returned as undelivered or after the 14 days are up, there is still no sign of the owner, you will need to put up an Abandonment Notice for a minimum of 14 days to notify passers-by that the equine has been abandoned. The notice will state that if the owner does not come forward, the animal may be legally re-homed or sold. To dispose of this animal in strict accordance with the law, it must be sold at public auction to get the best price.

• Attached is a template of an Abandonment Notice. *Sorry, I never received it, BHS may well have a version* Fill in the details appropriately, protect the notice from the elements (eg. wrap it in a clear plastic bag) and display it prominently at the gate to the field or yard where the equine has been found. It is not necessary to keep the equine where it was found, or for it to be kept where you display the notice. It can also be useful to put up a card in local tack shops, supermarket and post office or put a notice in the local Free Ads.

• Keep copies of all notices that you put up and notes of where you put them and for how long. If the owner does not come forward after the horse has been re-homed, you will need to prove that you followed all procedures correctly and made a significant effort to find the owner of the horse. If you can do this, your actions will be protected by the law.

• If the owner does not come forward within the defined period, by law you are able to take legal responsibility for the equine. This allows you to sell, re-home, euthanase or keep the horse or pony. However, the difficulty with acquiring an equine in this way is the absence of their passport, which is a legal requirement and essential if you want to sell the animal or need to have it treated by a vet. Contact Defra for passport advice.


• If the owner does come forward after the animal is sold, you will be expected to hand over the money that you received at auction less any outstanding livery fees and other reasonable expenses that you have kept record of.


• Whatever course of action you decide to take, it is imperative to keep records of money spent or received, expenses incurred and actions taken (such as veterinary treatment, vaccinations, worming and so on) for several months afterwards. There will always be the remote possibility that the owner may come forward in the future wishing to reclaim the horse (if the horse has been stolen before it was abandoned, they may have spent months looking for their equine). Here the law becomes even more complex and if an agreement with the owner cannot be reached, you may need to take legal advice to resolve the situation satisfactorily."

Doesn't really address the question of the welfare of the equines in question but I would say the RSPCA should step up in such cases. Maybe WHW or Blue Cross/BHS Welfare could pressure them to do so

From what I read, a landowner is not "responsible" for a stray or abandoned animal on his land unless he accepts that responsibility by doing something that indicates he has taken on that responsibility. If I'm wrong, please cut-and-paste the relevant section. Not point scoring but generally interested. To quote Judge Judy, "If it doesn't make sense, it probably isn't true". How can a landowner (for example) be responsible for an animal that is dumped or strays onto his land when he is not aware of it?

I've looked into this in the context of stray sheep and dogs. I do know that a landowner/occupier has no duty of care to sheep straying onto his land. If his dogs chase them, too bad for the sheep. He does, however, have responsibility if he encourages the dog to chase them. There is a difference.

 

[chillipup]

http://www.legislation.gov.uk/ukpga/2006/45/pdfs/ukpga_20060045_en.pdf

and this is the instructions put together by the charity I used to work with

"Dealing with the abandonment of a horse or pony

Firstly the Animal Welfare Act 2006 confers a Duty of Care on all owners and keepers of animals and prosecution may be taken against an owner or keeper not meeting the needs of an animal.

• If you can, look to see if the equine has a freezemark. If it does, make a note of the mark and contact Farmkey on 0870 870 7107 or Freezemark Ltd on 01295 690090.
• Check www.stolenhorseregister.com and www.ukhorsewatch.org.uk for equines that have been stolen.

• Report the abandonment to the police. Ask for an incident number when you speak to them and keep a note of it for future reference.

• If the equine is in poor condition or there is any sign of injury, make sure the RSPCA are aware of this. Inspectors may have or discover relevant information.

• Under the Animal Act 1971, if an animal is abandoned on your land, you are entitled to seize the animal, When you do this, you are advised that it is your duty to feed and care for it (keep the receipts), call a veterinary surgeon if necessary and also ensure that it is covered under your public liability insurance policy. Just in case!

• If you know the last address of the owner, then send a letter by Recorded Delivery asking her to come and remove the horse and pay the outstanding monies within 14 days. If the letter is returned as undelivered or after the 14 days are up, there is still no sign of the owner, you will need to put up an Abandonment Notice for a minimum of 14 days to notify passers-by that the equine has been abandoned. The notice will state that if the owner does not come forward, the animal may be legally re-homed or sold. To dispose of this animal in strict accordance with the law, it must be sold at public auction to get the best price.

• Attached is a template of an Abandonment Notice. *Sorry, I never received it, BHS may well have a version* Fill in the details appropriately, protect the notice from the elements (eg. wrap it in a clear plastic bag) and display it prominently at the gate to the field or yard where the equine has been found. It is not necessary to keep the equine where it was found, or for it to be kept where you display the notice. It can also be useful to put up a card in local tack shops, supermarket and post office or put a notice in the local Free Ads.

• Keep copies of all notices that you put up and notes of where you put them and for how long. If the owner does not come forward after the horse has been re-homed, you will need to prove that you followed all procedures correctly and made a significant effort to find the owner of the horse. If you can do this, your actions will be protected by the law.

• If the owner does not come forward within the defined period, by law you are able to take legal responsibility for the equine. This allows you to sell, re-home, euthanase or keep the horse or pony. However, the difficulty with acquiring an equine in this way is the absence of their passport, which is a legal requirement and essential if you want to sell the animal or need to have it treated by a vet. Contact Defra for passport advice.


• If the owner does come forward after the animal is sold, you will be expected to hand over the money that you received at auction less any outstanding livery fees and other reasonable expenses that you have kept record of.


• Whatever course of action you decide to take, it is imperative to keep records of money spent or received, expenses incurred and actions taken (such as veterinary treatment, vaccinations, worming and so on) for several months afterwards. There will always be the remote possibility that the owner may come forward in the future wishing to reclaim the horse (if the horse has been stolen before it was abandoned, they may have spent months looking for their equine). Here the law becomes even more complex and if an agreement with the owner cannot be reached, you may need to take legal advice to resolve the situation satisfactorily."

Doesn't really address the question of the welfare of the equines in question but I would say the RSPCA should step up in such cases. Maybe WHW or Blue Cross/BHS Welfare could pressure them to do so

What would be stopping WHW, the Blue Cross or BHS stepping in? especially as in the case of WHW and the BHS they deal only with equines?

 

[Goldenstar]

It's my understanding that the control of animals act 2015 makes it clear that the owner of the land an animal is dumped on is responsible for providing feed water shelter and veterinary care for any animals dumped on the land , while making the procedure for disposing of such animals much easier .

 

[JillA]

What would be stopping WHW, the Blue Cross or BHS stepping in? especially as in the case of WHW and the BHS they deal only with equines?

The RSPCA generally are the ones who call in a vet and the police if equines are to be seized, and also they are the ones who prosecute. Most of the others will work alongside RSPCA but don't seize or prosecute

 

[JillA]

It's my understanding that the control of animals act 2015 makes it clear that the owner of the land an animal is dumped on is responsible for providing feed water shelter and veterinary care for any animals dumped on the land , while making the procedure for disposing of such animals much easier .

Can you post the relevant extract or legislation to clarify that?

 

[chillipup]

Is anyone near Thame? One of the kids who goes to school there was telling me about ponies who have been dumped in a field near there and the RSPCA are saying they are now the landowners responsibility and he has to pick up the vets bills. I thought that was ridiculous but reading this thread it looks to be true!

Well, they would say that, wouldn't they?

Anyone got any legal references?

Sorry DR, no legal references, but if the ponies are sick, injured or in poor condition, surely this is a welfare issue and anyone of the equine charities should be stepping in. Otherwise, what are they there for?

 

[Goldenstar]

Control of animals act 2015
Chapter 23 section 3 point 7

 

[chillipup]

The RSPCA generally are the ones who call in a vet and the police if equines are to be seized, and also they are the ones who prosecute. Most of the others will work alongside RSPCA but don't seize or prosecute

I'm aware that it's only the RSPCA that will take a prosecution if someone has committed an offence (still not sure why other don't take this on) and have to get the Police involved to seize them if necessary, on their behalf. But what is to stop any of the equine charities offering veterinary, farrier, what ever, support and assistance, if the horses are not deemed to be suffering but only need perhaps say a farrier to trim their feet, a wormer as a precaution or preventative measure? hard feed or forage? especially if the horses are not in any immediate danger and are not 'suffering?'

A lot of people seem pleased when the RSPCA cock-up a prosecution and are only too happy to slag them off at any given opportunity. But remember they investigate ALL animal cruelty, not just equines. There are any number of equine specific rescues and charities out there, why don't they become more involved and pin their colours to the mast?

 

[popsdosh]

The RSPCA generally are the ones who call in a vet and the police if equines are to be seized, and also they are the ones who prosecute. Most of the others will work alongside RSPCA but don't seize or prosecute

The RSPCA cannot seize an animal under the law only a police constable or the landowner if its a case of abandonment has those powers they have no more power than any other person in that respect its a very popular misconception people have. They can only prosecute also by way of private prosecution which of course is also open to any other person if they so wish.

 

[Goldenstar]

Personally it's my view the RSPCA are a charity and can do as they choose .
I can take a case against anyone I choose we are all in the same position in law as the RSPCA they make private prosecutions .
But they function as a quasi NGO.
I have never thought this a healthy situation the state ought be the lead body in prosecuting crime .
It's wrong and not healthy for the state to give up on choosing who is and is not brought before the courts for a whole section of the law .
It's not served the public , the animals or the RSPCA well .

 

[chillipup]

Sorry for my ignorance Goldenstar but what is a NGO please?

No worries, just googled it:- a National Government Organisation.

 

[chillipup]

Pops, Jilla did actually state this in her post.....

 

[popsdosh]

DR this may help.
Its from a council advice document to landowners with abandoned horses.

What about illegal grazing on private land?
Where the council is informed of a horse that has been abandoned on privately owned land, an attempt is made to contract the land owner in order to make sure they are aware of the situation and give advice on how to get the horse removed. Landowners actually become responsible for the care of the horse even if they have not given permission for them to be on their land. Landowners also become liable in the event of an accident or injury caused by the horses.

 

[popsdosh]

I'm aware that it's only the RSPCA that will take a prosecution if someone has committed an offence (still not sure why other don't take this on) and have to get the Police involved to seize them if necessary, on their behalf. But what is to stop any of the equine charities offering veterinary, farrier, what ever, support and assistance, if the horses are not deemed to be suffering but only need perhaps say a farrier to trim their feet, a wormer as a precaution or preventative measure? hard feed or forage? especially if the horses are not in any immediate danger and are not 'suffering?'

A lot of people seem pleased when the RSPCA cock-up a prosecution and are only too happy to slag them off at any given opportunity. But remember they investigate ALL animal cruelty, not just equines. There are any number of equine specific rescues and charities out there, why don't they become more involved and pin their colours to the mast?

Now there is a new direction from the Top they appear to be becoming a little more balanced in their way of dealing with things.
The general problem is and it is almost my specialist subject why would they want to get involved in these cases when indeed the poor landowner picks up the tab. I have to admit that we have had to take action that I was very uncomfortable with but what do you do with several horses of different descriptions with no passport so unsaleable. Funnily enough even when we seize a horse we are only legally allowed to return the horse to the owner if they produce a passport! Luckily the whole process is so much quicker now with only 4 days and even then they dont need to be left on the land. It is really working around here however in most cases a call to a traveller friend gets them off straight away

 

[chillipup]

Personally it's my view the RSPCA are a charity and can do as they choose .
I can take a case against anyone I choose we are all in the same position in law as the RSPCA they make private prosecutions .
But they function as a quasi NGO.
I have never thought this a healthy situation the state ought be the lead body in prosecuting crime .
It's wrong and not healthy for the state to give up on choosing who is and is not brought before the courts for a whole section of the law .
It's not served the public , the animals or the RSPCA well .

In my opinion, I think it has served the majority of the public and the majority of animals very well since their founding in 1824? The state has always been all too happy for someone else to accept the responsibility, expense and expertise to take an animal cruelty offence to court, so why should they change this now? They have neither the money nor inclination to accept such public liability. Our Police service has suffered incredible cut backs, do you really think they have the time, money, knowledge or resources to take on any additional cases? Good grief, they are out there on the front line everyday encountering all manner of issues, putting their lives on the line trying to protect the public. Do they really need to start investigating animal cruelty? Surely the public would be outraged by the mere suggestion of this.The CPS are overwhelmed by the sheer volume of cases they are expected to take to court via the police. Which is why a lot of them will never see the inside of a court room.

If you take the time to consider all the CPS Police prosecutions over the years that have gone to court and then consider the number of those cases which have been dismissed by the courts due to lack of evidence, coercion and or intimidation by the police, technicalities, perjury by police and other witnesses, abuse of suspects, Perverting the course of justice to name but a few, the list really does go on. I think in the overall scheme of things the RSPCA haven't done such a terribly bad job. Certainly, I'd like to see more transparency from them, full details of case investigations and court hearings being made public, more accountability from an outside ombudsman panel but that should also apply to the Police. Finally, if I had to make a choice, I'd personally choose the RSPCA over a Police investigation of an animal cruelty offence.

As I said previously, what is stopping all these equine specific charities taking on the role of prosecutors in equine cruelty cases? Surely, as many would often point out, they have more expertise than the RSPCA regarding equine welfare. If the majority don't think the RSPCA can handle equine cases, how come they don't or won't step up themselves. What is the real reason stopping them?

 

[Dry Rot]

DR this may help.
Its from a council advice document to landowners with abandoned horses.

What about illegal grazing on private land?
Where the council is informed of a horse that has been abandoned on privately owned land, an attempt is made to contract the land owner in order to make sure they are aware of the situation and give advice on how to get the horse removed. Landowners actually become responsible for the care of the horse even if they have not given permission for them to be on their land. Landowners also become liable in the event of an accident or injury caused by the horses.

These days I'm a bit sceptical of anything the council have to say, I'm afraid! I was taught to always go back to the source -- and if that wasn't clear, to go look it up in Hansard to see what Parliament actually intended.

I'm off to look at that reference above.

 

[chillipup]

Apologies Faracat for railroading your post. I'll stop now.

 

[Goldenstar]

In my opinion, I think it has served the majority of the public and the majority of animals very well since their founding in 1824? The state has always been all too happy for someone else to accept the responsibility, expense and expertise to take an animal cruelty offence to court, so why should they change this now? They have neither the money nor inclination to accept such public liability. Our Police service has suffered incredible cut backs, do you really think they have the time, money, knowledge or resources to take on any additional cases? Good grief, they are out there on the front line everyday encountering all manner of issues, putting their lives on the line trying to protect the public. Do they really need to start investigating animal cruelty? Surely the public would be outraged by the mere suggestion of this.The CPS are overwhelmed by the sheer volume of cases they are expected to take to court via the police. Which is why a lot of them will never see the inside of a court room.

If you take the time to consider all the CPS Police prosecutions over the years that have gone to court and then consider the number of those cases which have been dismissed by the courts due to lack of evidence, coercion and or intimidation by the police, technicalities, perjury by police and other witnesses, abuse of suspects, Perverting the course of justice to name but a few, the list really does go on. I think in the overall scheme of things the RSPCA haven't done such a terribly bad job. Certainly, I'd like to see more transparency from them, full details of case investigations and court hearings being made public, more accountability from an outside ombudsman panel but that should also apply to the Police. Finally, if I had to make a choice, I'd personally choose the RSPCA over a Police investigation of an animal cruelty offence.

As I said previously, what is stopping all these equine specific charities taking on the role of prosecutors in equine cruelty cases? Surely, as many would often point out, they have more expertise than the RSPCA regarding equine welfare. If the majority don't think the RSPCA can handle equine cases, how come they don't or won't step up themselves. What is the real reason stopping them?

Because they don't see their role as doing the states job.
I disagree with you entirely perhaps because I give as weight to the law as it affects animals as I do other parts of the law .
We do not expect the nspcc to prosecute those who commit crimes against children , or age uk for those who commit crimes against the elderly or mind to prosecute those who commit offences against the mentally ill.
To me it's uncivilised that we don't require the state to do this for animals .
We could afford it if we chose to.

 

[Dry Rot]

Control of animals act 2015
Chapter 23 section 3 point 7

It's late and I haven't studied this in detail, but it seems to me that the duty of care is imposed on the person or authority who exercises a right to DETAIN the horse.

The answer to my layman's eyes is simply not to "detain" the animal!

"Detaining" would appear to be "taking on the responsibility of the house (and so it's welfare). But I could be wrong! Now that would appear to make sense.

http://www.legislation.gov.uk/ukpga/2015/23/pdfs/ukpga_20150023_en.pdf

 

[ester]

A lot of people seem pleased when the RSPCA cock-up a prosecution and are only too happy to slag them off at any given opportunity. But remember they investigate ALL animal cruelty, not just equines. There are any number of equine specific rescues and charities out there, why don't they become more involved and pin their colours to the mast?

I think mostly because there seems to be a lot of worrying about treading on other charities, particularly the RSPCA's toes.

 

[ester]

It's late and I haven't studied this in detail, but it seems to me that the duty of care is imposed on the person or authority who exercises a right to DETAIN the horse.

The answer to my layman's eyes is simply not to "detain" the animal!

"Detaining" would appear to be "taking on the responsibility of the house (and so it's welfare). But I could be wrong! Now that would appear to make sense.

http://www.legislation.gov.uk/ukpga/2015/23/pdfs/ukpga_20150023_en.pdf

Yup I think essentially that means turf it back out on the road again ASAP. And under no circumstances allow the police to put a loose horse in your field

 

[Kaylum]

People moan and moan about the RSPCA and say they aren't going to donate etc etc if nobody donated then they don't have resources to help the animals and they get bad press again. What should people be doing to help animals in need?

 

[ester]

I don't think they are short on dosh atm? And people will always donate to who they are happy to donate to.

 

[JillA]

I think they get a lot of money from bequests, last I heard they were sitting on a fair old sum. Their problem is lack of accountability, not sure if it has changed but for many years there was no way of feeding back problems etc, they seemed not to want to know and that suggests a general arrogance