The Animal Welfare Act 2006

 

The Animal Welfare Act 2006 was brought in to replace the Protection of Animals Act of 1911. Section 9 of the Act states that any person who is responsible for keeping an animal in England and Wales has a legal duty to ensure that the five basic welfare rights (also referred to as "The Five Freedoms") are met and if they fail to do so, they may be liable for a fine of up to £20,000; imprisonment for 51 weeks; or being banned from keeping any animals.

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The basic rights under the Act (Five Freedoms) are:

• Freedom from hunger and thirst.  This means that animals must have a sufficient supply of fresh water and the correct amount and type of food to support their wellbeing

• Freedom from discomfort.  Animals must be provided with the right type of environment for their species, including suitable shelter and somewhere comfortable to rest

• Freedom from pain, injury, and disease.  Any person responsible for an animal must take appropriate steps to prevent illness and injury and to make sure that any health matters are promptly diagnosed and treated by a Vet when needed

• Freedom from fear and distress.  Animals must have appropriate care and handling, and be kept with appropriate companions and apart from other animals (including those of their own kind) who may cause them harm

• Freedom to behave naturally.  Animals must be provided with enough space, proper facilities, appropriate exercise, and allowed to express themselves through their natural behaviours

 

Prior to the Act, there was no protection for domestic pets and the duty of care only related to welfare standards for farm animals.  Although this was the first update to animal welfare laws in 94 years, many people believe that the Act still does not give sufficient powers of intervention or punishment and that many animals, particularly horses, continue to suffer unnecessarily as a result, partly also due to a lack of resources with which to enforce the Act and bring prosecutions to court. 

 

Animal welfare organisations, including the much debated RSPCA, do not receive any government funding to carry out their work unlike many charitable organisations whose objectives are to help people and we are therefore all completely reliant on the goodwill of the general public and often under immense pressure to take action when we legally have no power and extremely limited resources with which to do so.

 

If you care about animal welfare and want to help, then please consider supporting your local animal welfare organisation.

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What if I see some horses that I think need help...?

 

We receive many calls from people regarding horses who appear to be neglected or poorly cared for and although we will always investigate every call, some calls could be avoided by a greater understanding of horses and their environments.  Equally, some horses may not receive help when they need it because they seem ‘ok’ when actually, some or all of their welfare needs are not being met.  Listed below are some points to consider before calling a welfare organisation.

 

1. Do the horses have shelter of any kind (trees/hedges are perfectly acceptable)?  Do they have free access to water (ideally not from a stream, river, or pond)?  Do they have food (bear in mind that some horses may have health conditions that mean their food must be restricted)?  Do they have freedom to move around?  Do they have company of their own kind?  Do they have any injuries which do not look as though they are being treated?  Do they have protection from the weather in winter, either by shelter or rugs?  Do their hooves look well kept?  Are their coats smooth and shiny, or are they dull, staring, and sticky to touch?

 

    2. Look at the page on body condition scoring.  What score would you give the horse/s?

 

    3. We often receive calls in winter because horses are ‘knee deep’ in mud.  Horses tend to stand in the same spots in                fields, usually near gateways and troughs.  These areas do get muddy and this is not usually a cause for concern unless        they have no shelter, obvious injuries, and/or no access to food and water (their only food may be hay if the turnout                  space is limited. Many people turn out on a small area in winter which is a ‘sacrifice’ area to save the rest of their grazing        space for the remainder of the year)

 

After considering the above information and questions you still believe that the horses may need help – or even if you wish to err on the side of caution, then please do call us.  We would always rather investigate and find nothing wrong than not do so and allow an animal to suffer.

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What can we do...?

 

It depends on the situation.  If the horses are neglected then we will attempt to make contact with the owner or carer by making local enquiries and discuss this with them initially.  If the situation does not improve then we will escalate the matter to the RSPCA, World Horse Welfare, and/or the local authority as appropriate. 

 

If horses have been abandoned on property then the landowner must take action themselves initially (see the section on abandonment), or if horses are being ‘fly-grazed’ then again, this comes down to the landowner in the first instance (see the section on fly-grazing) and often, fly-grazed horses will be moved on within a few days without any intervention.  It is an annoying problem for landowners especially. 

 

If horses are loose on a public road, the Police have a legal duty to remove them as they could cause an accident.

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What can’t we do...?

 

Contrary to common belief, we cannot just march in and take horses from a property.  Sadly we have no more legal rights to intervene than any other member of the public.  The only agencies who have the power to seize animals are the Police, and the local authority Animal Welfare team.

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What do I do if I find an abandoned horse...?

 

Abandoned horses are those that have been left somewhere deliberately by their owner, either permanently or for a long enough period of time that has led to unnecessary suffering or the risk of unnecessary suffering.

 

Section 9 of the Animal Welfare Act (2006) makes a person guilty of an offence if they fail in their legal duty of care to provide for their horse’s needs.  Landowners, occupiers and local authorities are each able to act to protect the welfare of abandoned and fly grazing horses. If you are the landowner, see full advice below.

 

1. If the horse is suffering, call the RSPCA

2. If you are not the landowner, contact the landowner as soon as possible

3. If you do not know who the landowner is or how to contact them, you can contact your local police station, local authority, and/or the RSPCA, who can advise you further based on the situation. It’s worth noting that while landowners and authorities can act more quickly, they must act within the law and may not be able to attend immediately.

4. If the horse is wandering in the road, as with any animal found on a road, you should call the police. If there is a danger to road users, call 999. Otherwise, call non-emergency number 101

 

What if a horse has been abandoned on my land...?

 

Landowners, occupiers and local authorities are each able to act to protect the welfare of abandoned and fly grazing horses. Initially, take the same steps as set out in items 1-4 set out above.

 

1. Taking care of the horse’s welfare

• First of all, keep calm. A horse that has been abandoned or left to fly-graze may well be very frightened. We recommend you don’t approach the horse unless you need to, to avoid causing the horse additional stress.

• Fetch some fresh, clean water for the horse

• If you are able to, make sure the horse is contained in a safe and enclosed area where they can graze safely. If the area of land where the horse has been abandoned is not secure and is alongside a road, tell the police as the horse could be a danger to road users.

• We recommend that you don’t move the horse to within touching distance of your own horses to limit the spread of any infectious diseases

• If the horse looks unwell or in poor condition, call a vet or the RSPCA 

 

2. Notifying the authorities

• Call your local police station and notify the officer in charge within 24 hours of detaining the horse (this is a legal requirement) and ask for an incident number. Make a note of the number in your record. Even if you know who the owner is, you should still get an incident number.

• Call the RSCPA to report the abandoned horse. Although depending on the situation the RSPCA may not be able to get involved, they may have information that can help you, or you could give them more relevant information.

• Does the horse have a freezemark (white marking of numbers and/or letters on the back or shoulder)? If you can see one without getting too close to the horse, make a note of the mark and call Farmkey on 0870 870 7107 or Freezemark Ltd on 01295 690090

• You could ask a vet to scan for a microchip, if they are happy that they can get close enough to the horse safely. If the horse is chipped, contact your local authority and the microchipping databases: Petlog, Avid, Petprotect, and Anibase.

 

3. Tracking down the owner

• Put up an abandonment notice that the owner can respond to. You should put the notice up for a minimum of four working days. A responsible owner should attend to their horse at least once a day, so four working days should give sufficient time for them to respond.

• Any notice should include your contact number and address, a short description of the horse, and state your intention to remove the horse if the owner does not come forward. 

• Post the notice where you found the horse in a location that is easy to spot.

 

If an owner comes forward - You can check they are the real owner by asking to see the horse’s passport. By law they should have the passport and it should contain a detailed description of the horse. If the person has recently taken on the horse, they may not yet have the passport, but they should be able to provide you with evidence of ownership. If you are worried about whether or not the person is the legal owner, contact the police for advice.

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You don’t have to release the horse until the owner has reimbursed you for any damage to your property caused by the horse, and any expenses reasonably incurred in keeping the horse and finding its owner.  If the owner refuses to pay within the ‘defined period’, you can re-home, sell, euthanise or keep the horse. The ‘defined period’ is set out in the Animals Act 1971 and is 96 hours from the period when the horse was first detained but ignoring any time falling on any of the following days: 1) Saturday or Sunday, 2) Good Friday or Christmas Day, 3) A day which is a bank holiday in England and Wales (as defined by the Banking and Financial Dealing Act 1971).

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If an owner does not come forward - After the ‘defined period’ (see above), there are a number of options open to you. Whatever action you decide to take, you must keep a record of money spend or received, expenses uncured, and actions taken, such as veterinary treatments. If the owner then comes forward, you are entitled to ask them for compensation to cover ‘reasonable’ expenses.

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Under section 7c (5) Animals Act 1971, you become the legal owner of the horse if the owner doesn’t come forward within the ‘defined period’. Your options then are:  

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• Keep the horse

• Selling the horse. It’s a good idea to get a professional valuation in order to deduct reasonable costs and damages from the sale. Bear in mind that you may have to give any money left over to the person who previously owned the horse. To sell the horse, you will need its passport, which may be tricky to get hold of because of the circumstances. Contact DEFRA for advice about this on 08459 33 55 77. You could also try the breed society, if you know the breed.

• Removing the horse. If you are worried about intimidation from the previous owner or don’t want to re-home or sell the horse yourself, contact a bailiff with experience of removing animals.

 

Keep a diary record with a timeline of all your actions, including any advice you get from professionals and anything you do regarding the horse’s care. Keep notes of any money you spend caring for the horse’s welfare. This record will help you to prove that you have acted in the horse’s best interests.

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Have your fences or gates been tampered with? If so, take photographs for your record. Checking for damages will help you to understand whether the horse is being intentionally fly grazed or has wandered on to your land straying. 

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Can you see any evidence that the horse has been well cared for? Signs of good care that may suggest the horse has escaped include; being shod, clipped, having a hogged mane, trimmed tail or trimmed whiskers. However, an unkempt appearance doesn’t necessarily mean a horse has been abandoned.

 

What can I do about a horse that is tethered...?

 

Tethering a horse as a lone action is not illegal and so authorities, including the RSPCA, do not have any powers to do anything about it.  If a tethered horse is abandoned on private land for a period of time that has led to the horse suffering or being at risk of unnecessary suffering, then the authorities can act.  If a tethered horse is left to fly graze on private land, the landowner can take action.

 

What can I do about fly-grazing on my land...?

 

Fly grazing horses are those that have been deliberately allowed to graze on land without the occupier’s permission and this includes horses belonging to owners who had been given permission to keep their horse/s there at first, but the agreement with the landowner has come to an end.  The action you can take is the same as that for abandoned horses.  By putting up an abandonment notice you may well find that the horse/s are moved on quite quickly.  You may also wish to consider making your land less attractive to fly-grazers.

 

What can I do to prevent fly-grazing and abandonment...?

 

Taking steps to try and make it more difficult for horses to be abandoned on your land can help stop the problem. You could try:

• Locking field gates, especially when the gates provide access to a public road

• If practical, you could plough or fence off areas of your field that are particularly vulnerable, as abandoned and fly grazing horses are most often left where there is grass. Bear in mind you shouldn’t block a right of way or put up anything that might cause an injury

• Do not allow horses on your land without a written agreement (see below), even temporarily

• Research fly grazing insurance, which is available through several insurance companies

 

Fly grazing and abandonment text is credited to the Blue Cross.  Please do not take anything you read on the internet as a substitute for formal legal advice.

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Can you take my horse into your sanctuary...?

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In recent years, we have received increasing numbers of calls from private homes who simply cannot afford to look after their horse anymore and asking us if we will take them.  Whilst this is a very sad situation and we have every sympathy for those who experience this difficulty, if we took in every animal we were asked to then we would not be meeting their welfare needs as we simply wouldn’t have sufficient time, space, or finances to care for them.  We will always do our best to try to suggest other ways in which owners may find homes for their animals and try to match people who are looking to loan with those who are looking to re-home.

 

Another common call we receive is from homes that cannot bear to have their horse euthanised due to age and/or poor health.  Frequently these horses have been in the same home for a number of years, often most of their life.  We understand how traumatic it is for an owner to make this decision, but making the decision to put any animal to sleep on welfare grounds is a huge part of being a responsible, caring owner.  It is far preferable from the horse’s point of view to cross the rainbow bridge in familiar surroundings where it knows it is safe and loved, than it is to be suddenly shipped off to a new place with new people, sights, sounds, and smells and where it does not know whether it is safe or not. 

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Generally, the circumstances in which we would be able to take in an equine are those in which the animal is either immediately suffering and has been seized by the Police or the Local Authority; has been abandoned and the correct procedure has been followed by the landowner to take legal ownership of the animal; where the owner is either no longer capable of caring for the horse due to medical difficulties such as going into care or where they have sadly passed away and the animals have no one else capable of caring for them; or where the animal has been diagnosed with a complex medical condition which the owner is not equipped to cater for and which would otherwise limit the ability of the horse to lead a relatively normal life as a companion.

 

All calls and reports that we receive are treated on a case-by-case basis.  We will always try to help in any way that we can, but the highest priority for physically taking animals into the care of the sanctuary will always be those whose basic welfare needs are not being met.  If for any reason we are unable to help, we will provide the caller with details of other organisations that may be able to provide assistance.