Legal Advice on neglected horse

[AlDestoor]

Hi all,

I wonder if there is any advice that I can get from you lovely people.

To give a back story:

In July 2020, My horse went on loan to, what I thought was a lovely loaner. They trialled her for 2 months at my propery and then I allowed her to be moved onto their yard in the August. Contract drawn up with clear rules of going up every day etc.

I visited every month to check on her, and everything was perfect. She was hacking out and having fun, and most importantly looked cared for.

My last in person check was on 14th December, by this time we were going into lockdown and had built up trust enough to text during the lockdown.

I checked in every 2 weeks via text message, with the latest being on 31st January. She told me she had hacked her and had her feet done. Sent me videos of her eating (which funnily enough looking back only showed her head) etc.

Fast forward to last night (8 weeks since seeing her); I receive a call from a close friend telling me that there are rumours on the yard that my horse is underweight and the loaner isn't seeing to her and do I want my friend to bring her in and check her over as she's not seen her without a rug on.

I call the loaner to question it. She says she has dropped a 'bit of weight' explaining its her first winter and she's learning etc. Its coming across to me that she's dropped a bit, but its winter weight (and said horse did have some to lose). I thought i'm not going relax until I've seen her, so I drove 45 minutes over there.

What I saw left me heartbroken and angry, so much so, I almost fainted. my horse is no longer the gorgeous moody mare she was back in December. She's underweight, you can feel her pelvis, see her ribs, see her spine.

On speaking with her (I say speaking...) Turns out she hasn't been going up every day out of laziness (her admission), and was going to tell me about her weight loss last night (convenient given i had found out by others). She has been out in this -10 freeze with no food, little grass and a rug that wasn't the correct weight; I've also since found out that she was out on her own in these temperatures and no one had smashed the water in her field. I spoke to the farmer, who is 80, and this was the bit that topped me off... bedding and forage is free on the yard so it's not even that money was the issue here. Pure laziness and neglect. She's also got a case of mud rash on her hind leg.

The horse is now back in my care (less than 12 hours after I first saw her) and is being checked over by the vet tomorrow. She's being fed, is rugged etc.

My question is, and I know a few will say put it down to experience but I'm really not content in this lady getting away with this, especially when the money wasn't the issue. It is going to take ages to get my beautiful horse back to how she was, along with the fact that she ruined a rug trying to escape from the field (and who can blame her... she was starving).

What would you do? I doubt the RSPCA would get involved now given I now have the horse back but I feel that she should be penalised for what she's done. To give you an idea of just how much weight... I put a rug on her that last year was snug... It's now on the tightest settings WITH a knot to make it shorter...

 

[AmyMay]

How awful ?

Might be an idea to contact the BHS for advice if you’re a member, concerning action against the loaner and the YO.

 

[meleeka]

A solicitor would be best to advise. You probably could take her to small claims for damage to your ‘property’, but only you know if it’s worth doing. did you have a loan agreement?
In the meantime take lots of date stamped photos (hopefully you took some before you moved her too) and make sure the vet knows there’s a potential legal action so they make sure they’ve noted everything down.

 

[Meowy Catkin]

You have the horse back and she is alive - thank goodness.

Sadly, from what I have read on here, it is very unlikely that you will be able to take any successful form of legal action against the loaner. I would forget that and focus on getting your mare healthy again.

 

[ihatework]

I doubt you will get any recompense. Best thing to do is call BHS legal helpline. I think the most you could hope for is your losses covered, and I’m not even sure how much right you have to that.

As much as you have every right to feel aggrieved, it does sound like a chalk it up to experience job ?

 

[Goldenstar]

I would advise you to content yourself with telling everyone you know or talk to the story ...fully, I am not a fan of outing on Facebook but in this case a few before and after photos and get you friends to share .
You could take a small claim against her for costs involved in getting horse back into shape .
You can take a private prosecution for animal neglect just as the RSPCA do .
You need quickly to get blood work done and evidence together you would need a solicitor to pursue the case ( find one that prosecutes cases for the RSPCA in your area ).

 

[Maryann]

I have no answers but that is one seriously scary story.

 

[irishdraft]

Well done for not messing about and bringing your mare back under your control immediately. If you are a member of the bhs you could give them a call but in reality what are you hoping for ? Understandably you are angry and upset as I would be but I'm not sure what you would achieve.

 

[AlDestoor]

Yes I took photos of her there, as well as a video..

I did have a loan agreement where it states she's to be sorted twice a day (not worded like that but generalised for here).

Vet is coming tomorrow to check her over etc.

I'm just so upset and so appalled, and I don't want her to do this to another one. It's actually pretty impressive that she's managed it as she's the kind that live of bare minimum and still be obese.

I'm not looking for money, but I want her to be penalised for this. She has lied and completely abused my trust, as well as let a horse starve...

 

[Goldenstar]

So what penalty do you want ?

 

[AlDestoor]

I'm not even sure, but surely there must be something out there as it's neglect. If the only way of doing this is through compensation, then I'll look to pursue this.

I'm so disappointed. There was no way she was staying there a minute longer.

 

[Meowy Catkin]

Read this thread. https://forums.horseandhound.co.uk/threads/whispering-willows-sentence.801254/

As I said, it is unlikely that you can achieve anything RE your loaner. Sad as it is.

 

[saalsk]

Goodness, how awful. no advice other than the already stated about legal stuff, and I hope that they can do something, as letting a horse get to that state is not acceptable in any way, especially the circumstances your girl had. I am glad you got her back, and hope she recovers quickly, and it hasn't totally destroyed your faith in sharers/loans. There are good out there, as well as bad. Word of mouth gets there - people will hear about it, and you have done all the right things, and local information spreads quickly. I hope they won't be able to do this to anyone else.

 

[Goldenstar]

I'm not even sure, but surely there must be something out there as it's neglect. If the only way of doing this is through compensation, then I'll look to pursue this.

I'm so disappointed. There was no way she was staying there a minute longer.

you three recourses
Telling your story local newspaper Facebook, motor mouth ?
Small claims
Prove she has broken the animal welfare laws expensive risky but possible .

 

[Roxylola]

I'm glad the vet is coming, if the mare has lost as much weight as you imply in 8 weeks despite being a good doer I'd be worried about something more serious going on.
I doubt there's a lot you can do really, I think involving rspca etc could impact on you as well as her owner ultimate responsibility lies with you.
Not to say that's right, just or fair, but I'd just be grateful shes home and try and get word out publicly about the loaner

 

[AlDestoor]

I am going for the word of mouth route. It's completely unacceptable.

I think her losing weight in the 8 weeks will be the weather, the fact that clipped her and put her out with just a rain sheet on, with very little food; but this is why I'm having her vet checked as well to be sure thats all I'm dealing with at the moment. Either way, she should have told me.

 

[ArklePig]

What a truly horrendous story I'm so glad she's back home with you.

In terms of legal recompense, your only option here is likely to be monetary in terms of taking a civil suit against her-likely to be under loss of value/depreciation/damage or similar to your mare. It's sad, but sadly the law sees horses primarily as property.

It probably won't be possible for you to have any other outcome, as civil suits are either resolved by means of monetary compensation or an injunction (which wouldn't be applicable in this case) and you wouldn't be able to bring any sort of criminal charges as even if there is a criminal issue here then that would be up to the police to investigate and refer for prosecution if necessary.

For what it's worth, I would engage a solicitor as I think it may cost you time and money to get her back to herself, which would constitute a loss. Think of it as lending your car to someone who damaged it, legally they're not too different issues. Sorry again and I hope she's back to her gorgeous self soon.

 

[PurBee]

If the penalty you’re seeking is for her to be put off from ever being lazy to feed a horse in her care again, is to try small claims court.
Claim for the costs of bringing the horse to full health. Obviously you’re at the stage of rehabbing the horse and its ongoing, so you cant claim just yet, but once the horse is back to full health/condition then start your claim.
Its easy to apply online to get the ball rolling.
Have pics/video of before loan condition, and after loan condition. Close-up pocs of hoof condition, ribs, hair condition etc.
Keep all receipts of feed/bedding/supplements bought and also ask for receipts from farrier, vet, dentist - you’ll need good documentation of the costs.
Then you’ll have all evidence to correctly pursue it legally as ‘damage to property’ Claim.

This happened to me. The person who recommended the loanee and said she herself would also check on the horses, was the one who in the end, eventually, admitted they were dumped in a field, nothing being done with them...over winter, no hay, food etc...i didnt have such a tight case as yours as you actually specified in your contract when to see/feed the horse, so you have a clear breach of contract.

Hitting her with legal stress, expenses, and a huge bill to recover horses health, will make her think twice about ever bothering to neglect a horse again.

 

[AlDestoor]

If the penalty you’re seeking is for her to be put off from ever being lazy to feed a horse in her care again, is to try small claims court.
Claim for the costs of bringing the horse to full health. Obviously you’re at the stage of rehabbing the horse and its ongoing, so you cant claim just yet, but once the horse is back to full health/condition then start your claim.
Its easy to apply online to get the ball rolling.
Have pics/video of before loan condition, and after loan condition. Close-up pocs of hoof condition, ribs, hair condition etc.
Keep all receipts of feed/bedding/supplements bought and also ask for receipts from farrier, vet, dentist - you’ll need good documentation of the costs.
Then you’ll have all evidence to correctly pursue it legally as ‘damage to property’ Claim.

This happened to me. The person who recommended the loanee and said she herself would also check on the horses, was the one who in the end, eventually, admitted they were dumped in a field, nothing being done with them...over winter, no hay, food etc...i didnt have such a tight case as yours as you actually specified in your contract when to see/feed the horse, so you have a clear breach of contract.

Hitting her with legal stress, expenses, and a huge bill to recover horses health, will make her think twice about ever bothering to neglect a horse again.

Thanks, this is exactly what I'm thinking. She had ordered her a new rug which I haven't got the energy to ask for it to be honest. I don't want any communication with her, only to tell her that I'm looking into taking things further. I'm so heartbroken. I'll try and attach some photos for you all.

 

[AlDestoor]

This is what she should look like

 

[AlDestoor]

This is what I found....

 

[AlDestoor]

...

 

[EllenJay]

I am going for the word of mouth route. It's completely unacceptable.

Be careful about going this route - you don't want to be accused of liable (even if it is true) During lockdown 1, I ended up watching (much to my shame) a couple of episodes of Judge Rinder - and even when the claimant was in the right - if they posted too much on social media (even if accurate) seemed to be a big red no.

Personally, I would spend my time and energy on getting my horse right again.

I hope she recovers quickly xx

 

[EllenJay]

...

Heartbreaking xx

 

[Tarragon]

I would take some better pictures of her from all angles as evidence.

 

[AlDestoor]

I would take some better pictures of her from all angles as evidence.

I have, these are just the ones that I could upload as the others are too big. I've also got a video too.

I'm in utter disbelief to be honest. I have no words

I'm completely heartbroken. I haven't felt like this since I found out my ex cheated on me. I can't eat, not sleeping etc.

I'm just glad that she's home and back in my care. I just don't want her to get away with this. She even said to me that if she saw her in a field then she would report her. I just don't understand it.

 

[WelshD]

I'd shame her direct and say the very least she can do is replace the rug.
Once thats sorted I would then shame her online in the form of a warning for people not to loan to her. I normally dont like to see naming and shaming but in this case I would think it justified

 

[Polos Mum]

It is terrible when people don't take care of animals. If it is any consolation I think you'll be surprised at how quickly the condition will come back on, some of it will be lack of work as well as feed, you have nicer weather and spring grass on your side.

The BHS have amazing pictures of much much worse looking ponies that look 1000 times better in a few months.

You can't help people who don't want to learn and really the best you can do is to protect others from running into the same person / situation.

I would chat to you vet about catch up worming (in case that was skipped) and then gently with the food.

I bet in 6 weeks you won't be able to tell

 

[AlDestoor]

Yes I popped her on a linseed mash and feeding little and often. She's also got ablib hay as didn't want to feed haylage in the case that it was too rich for her stomach.

I've wormed her already, but I'll speak to the vet about that so thank you.

In terms of the rug, I've just asked her when she's planning on sending it to me.

 

[BeckyFlowers]

Oh my goodness, that is awful. Thankfully your horse is now with you and being looked after properly. As said before, its so unlikely that the authorities will bring a criminal prosecution against her I wouldn't bother. I think that if you were to sue her in small claims, you need to be able to prove you have damages. I would imagine the likely damages you will be able to successfully prove will be the vet's bill for her immediate care after you took her back. I, like you, would be inconsolable if this happened to my horse and, although I know I shouldn't, I don't think I could be prevented from plastering it all over facebook. Re libel, I don't think you can be prosecuted unless what you have written is false. So you would have to be careful, but it's not an offense to put facts on as long as you aren't embarking on a campaign on harassment.