RSPCA-Help

[WoopsiiD]

Please no arguing or blaming just need facts and quick!

Can the RSPCA LEGALLY remove animals?
If they enter your property and just take animals have they not acted illegally?
Doesn't an RSPCA 'officer' equate to Joe Bloggs taking your animals?

Surely only the police can enter and remove them?

 

[showjumpinglover]

They can get a warrant to enter the property

 

[misst]

I thought they needed police escorts to do that but to be honest I am not sure. Problems??

 

[Spook]

Try ringing the police to find out.

 

[WoopsiiD]

Not me personally misst. Someone I would call a 'vunerable' person.

They had a police officer well a PCSO with no warrant. The police say its nothing to do with them and they did not leave a receipt of what was taken.
Police were there to act if there was a breach of the peace.

 

[Meowy Catkin]

http://the-shg.org/Basic legal advice for pet owners.htm

I found this with good old Google.

 

[mulledwhine]

Why? Do you ask? If the animals are really in desperate need , them yes they can, although would be very surprised as normally they are rubbish!!

 

[YorksG]

The RSPCA cannot enter your peoperty without: 1) Your permission, or 2) a warrant from the court, which can only be executed by the police, not the RSPCA on their own. They can only remove animals, with the police present, in an emergency if the animal is in immediate risk and the owner is not available. It requires a court order for your 'property' to be removed without your consent in any other circumstance

 

[WoopsiiD]

Thank You.

Daisydo-animals in fine condition IF you are horsey and understand the effects of old age and cushings disease......if you are Joe Public then yes one did look a little different.

 

[YorksG]

A PCSO is not a police officer and cannot execute a warrant, nor can they arrest someone if there is a breach of the peace, they have no more right to arrest than any other citizen.
I would recomend a solicitor, preferably one who understand the vulnerability. I would not be surprised if the person had been bullied and possibly misled by the 'officials' involved, into giving up their animal. A formal complaint to the duty inspector at the local station is also in order IMO

 

[competitiondiva]

The RSPCA cannot enter your peoperty without: 1) Your permission, or 2) a warrant from the court, which can only be executed by the police, not the RSPCA on their own. They can only remove animals, with the police present, in an emergency if the animal is in immediate risk and the owner is not available. It requires a court order for your 'property' to be removed without your consent in any other circumstance

not fully correct, the police can obtain entry without a warrant in certain circumstances (under Pace) and under the animal welfare act the animal can be taken into possession with a vet to say that it is suffering or likely to suffer if it's circumstances do not change. Either way a police officer needs to be in attendance. But in this circumstance the op states, have the officers been admitted with permission? if so they have not entered illegally?

 

[WoopsiiD]

Thank You YorksG.

Said person has learning difficulties but does everything by the book regarding pony. Its an aged, cushings riddled pony who other than looking like a raggy shagpile is in fine fettle.

 

[Meowy Catkin]

The link I put up has a helpline number, it might be worth giving them a call.

 

[misst]

Wow that is scarey - sounds rather sad too. As the owner of an elderly mare who is a bit hairy but ribby (if you get my drift), I find that a bit

 

[WoopsiiD]

Faracat-onto it thank you!

misst-check out the website. It gives some useful advice.

I know Joe Public was probably doing what they thought best but sadly in this case I feel it was a bullyboy decision by the RSPCA. I'm not even sure the officers involved knew anything about horses.

 

[mulledwhine]

Soo sad if every thing is done by the book, my old boy came back skim and bOne, bur for the grace of god go I ,thank goodness I have all his feed receipts !

 

[YorksG]

not fully correct, the police can obtain entry without a warrant in certain circumstances (under Pace) and under the animal welfare act the animal can be taken into possession with a vet to say that it is suffering or likely to suffer if it's circumstances do not change. Either way a police officer needs to be in attendance. But in this circumstance the op states, have the officers been admitted with permission? if so they have not entered illegally?

I believe I explained that animals can be removed in cases of emergency without a warrant. I very much doubt that PACE would be applicable in this case as I doubt very much that the person in this case was suspected of committing an arrestable offence at the time. My understanding is that this power is used in cases of suspected dog fighting etc, with regard to PACE and animal welfare. There was no suggestion that a vet was in attendance. Please also note that a PCSO has no more right to enter a property, or arrest someone than anyone else in the population THEY ARE NOT WARRANTED POLICE OFFICERS.
It would be an illegal entry if they informed the landowner that they had a right to enter, when they did not, also if arrest was suggested, where was the 'appropriate adult'?

 

[MurphysMinder]

A horse round here was reported,( deservedly so but not by me) to the RSPCA but as the owner said it had been seen by a vet in the last couple of months the RSPCA said they wouldn't take it. If this pony has cushings presumably it is under a vet so surely the vet would speak up for the owner. I have a cushings pony who looks poor next to the others (though she is not scruffy as she is clipped for the summer) and it does concern me that well meaning people might think she is not being looked after properly, however I have the vets bills to say differently.

 

[Sparkles]

Don't get me started on the bloody RSPCA.

For a horse that doesn't have any problems [apart from a 4k surgery bill, after it was suggested he was put down originally, but now fine and still recovering!], sure caution the life out of life-long owners for any excuse they can possibly dig up to raise their sodding statistics.
How irionic is it that if the horse had just been shot to start with rather than the owner pay frigging thousands to fix it, no RSPCA would have actually been called out?

But when you file a complaint about a horse who actually IS in need of help...not a thing bloody done.

Bypass the RSPCA and go direct to an actual specialised horse welfare charity every time for me.

I thought they couldn't do it without a warrant either. Normally given the option to sign the horse over anyway?

 

[Hairy Old Cob]

Dont start me off on the rspca a sudo political organisation with sadly no longer any real animal welfare concerns a herd of cattle starving in Brownsover Country Park Rugby winter 2009- 2010 animals breaking down fences chewing bark on any tree and eating scrub in desperation which would take more out of them than any food value from digestion, dead animals left laying in park for up to 3 weeks and when contacted they wernt interested in attending untill i got on my high horse. And beware of rspca officers cautioning you they have NO Right To impersonating a Police Officer