Equine Welfare and the Law - Redwings

Redwings WelfareEquine Welfareand the LawEquine WelfareThe aim of equine welfareorganisations is to encourageand the Lawand assist owners in providingadequately for theirhorse, pony ordonkey.The Charity’s purpose is to provide and promote the welfare,care and protection of horses, ponies, donkeys and mules.

Redwings WelfareThis mare isclearly underweight,but she is notemaciated. It wouldbe difficult for a vetto argue that her lackof condition and overgrown forefeet areactually causing her suffering at this stage.In such cases, only advice and encouragementcan be offered and the situation monitored.All equine welfare organisations have towork within the boundaries of the law. Thelaws which protect equines and otherdomesticated animals can be confusingand sometimes even contradictory.Members of the public often becomeunderstandably frustrated when action isnot taken to rescue animals or prosecuteowners as they may wish. It is hoped thatthe following information will enable aclearer understanding of current legallimitations and why welfare professionalsare often themselves frustrated and cannotsimply rescue every horse, pony anddonkey that is not kept in ideal conditions.The aim of equine welfare organisations isto encourage and assist owners inproviding adequately for their horse, ponyor donkey. The time, effort and moneyinvolved in caring for animals need to bemet by the people who have responsibilityfor them. Only as a last resort will welfareprofessionals step in to remove an animalfrom its owners and take on theresponsibility for it.In the majority of cases, where anorganisation like Redwings assesses asituation and is concerned that an equine isnot being adequately cared for, our firstpriority is to contact the owner and discussthose concerns. By offering advice, supportand encouragement it is hoped that the

Equine Welfare and the Lawsituation can then be resolved. In caseswhere the situation continues to be ofconcern, the charity may offer to takeresponsibility for the equine if the owner iswilling to sign the animal over to their care.Only if the owner refuses this option willremoval of the equine be considered.To remove an animal without an owner’sconsent, the organisation arranging theremoval must be confident that the ownerhas breached animal welfare law. Only acourt of law can pass judgement on theowner and determine whether the law hasactually been broken. This means that theremoval of any animal must be followedby prosecution to allow the case to beheard and a judgement made.1 That the animal was suffering.2 That the suffering could be clearlydetected.3 That the suffering could have beenavoided.Suffering cannot be determined by theenvironment in which the animal is kept, bythe attitude of the owner or by assumptionsof what an animal ‘must’ be experiencing ina certain situation. The veterinary diagnosishas to be based on symptoms shown bythe animal which have then to be directlylinked to the actions or neglect of theperson being prosecuted. On determiningthat an animal is in a suffering state, unlessTo help determine whether or not the lawhas been broken, a veterinary surgeonmust fully examine the equine concernedand conclude that the animal is experiencinga state of ‘unnecessary suffering’.This phrase is central to the Protection ofAnimals Act, which was made law in 1911and which still forms the basis of themajority of all welfare legislation today.‘Unnecessary suffering’ is hard to put intoblack and white terms. In order to bring asuccessful prosecution, three things mustbe proved beyond reasonable doubtwhich then constitute ‘unnecessarysuffering’. Those three things are asfollows:In this emaciated pony the body is having to break downmuscle tissue to generate enough energy to stay alive.This would be generally regarded as chronic suffering asit affects the animal’s ability to move around, stay warmand maintain the function of vital organs like the liverand heart.

immediate action is needed to preventdeath or long term damage, welfareprofessionals involved will usually discussthe situation with the owner in order tomake sure that they are fully aware of theanimal’s needs and their legalresponsibility. In some cases, advice canbe given and a time frame will be agreed atthe end of which the welfare agency willvisit again to ensure that the appropriateactions have been taken to improve thehealth and wellbeing of the animalconcerned. It will have been explained tothe owner that if action has not been taken,they will then be liable for prosecutionunder the Protection of Animals Act andthis is often enough to persuade an ownerto make positive improvements in their careof an animal.Under the current legislation, therefore,the welfare industry has to evaluate thecondition of the animal, not the perceivedneglect of an owner. One animal may beneglected and receive very little food but nointervention is possible if it maintains anacceptable bodyweight. Another animalmay be in very poor condition but oninvestigation it is found to be underveterinary treatment and receiving all thecare necessary, meaning the suffering isnot ‘unnecessary’ because the owner isdoing everything they can to remedy thesituation. It is not uncommon for equinesto be fed or watered by members of thepublic to compensate for apparent neglecton the part of the owner. Unfortunately,this means that should a welfare officerinvestigate, because the animals are fedand watered and therefore not suffering, noaction can be taken. Who provides for theirneeds is not currently an issue inthe eyes of the law.The Animal Welfare BillNo-one is more frustrated with therestrictions of the current laws than thewelfare organisations themselves. Thegovernmental department for theenvironment, farming and rural affairs(DEFRA) is currently drafting a new AnimalWelfare Bill which will improve and updatewelfare laws and it is working with welfaregroups to make sure that the newlegislation is as effective and workable aspossible. New bills take a long time to writeand be approved as statutory law and evenif everything goes ahead as planned, theAnimal Welfare Bill in its final form is notlikely to replace the Protection of AnimalsAct and other welfare related legislationuntil around 2006.It is hoped that the new Bill will give welfareagencies the power to step in and takeaction if an animal is kept in such a waythat it is likely to experience suffering, ratherthan having to wait until the sufferingbecomes evident. For example, the ownerof a horse badly tethered near a main roadcould be guilty of keeping an animal in amanner likely to cause unnecessary which

Redwings Welfare Contactssuffering, whereas at present the offencewould only be committed once the animalhad become loose and been causedsuffering by being injured in an accident.The law will also outline a ‘duty of care’which would expect every owner or carer totake basic responsibilities for an animal andallow stronger sentences for those foundguilty of an offence under the new laws.DEFRADepartment for EnvironmentFood and Rural AffairsNobel House17 Smith SquareLondon SW1P 3JR08459 335577www.defra.gov.ukRSPCAWilberforce WaySouthwaterHorshamWest Sussex RH13 9RS0870 5555999www.rspca.org.ukNational Equine Welfare CouncilStanton10 Wales StreetKings SuttonBanburyOxon OX17 3RRwww.newc.co.ukThis situation is clearly an accident waiting tohappen. Unfortunately, as the pony is in reasonablephysical condition, no law has been broken andorganisations like Redwings are powerless to act.Proposed changes to legislation would enablewelfare professionals to step in much earlier, ratherthan having to wait until the pony is found in the river.Redwings Horse SanctuaryHaptonNorwichNR15 1SPHorse Care and Welfare 01508 481008General Enquiries 01508 481000www.redwings.co.ukPlease look out for updates in Redwings’newsletters and on our website as theAnimal Welfare Bill progresses. If you wouldlike more information, the followingorganisations are also well worthcontacting.

Redwings Welfare InformationRedwings’ Welfare Team is proactive in the promotion of equinecare and welfare, believing that access to accurate and up-todateinformation is vital if owners and carers are to meet theneeds of their animal.Redwings’ welfare leaflets are designed to provide an overviewof many important issues which are encountered regularly inwelfare cases with which the Sanctuary is involved. The seriesincludes information on the following topics:■ Laminitis■ Hoof Care and Farriery■ Worms and De-worming■ Food, Digestion and Energy■ Veteran Horses and Retirement■ Horse Psychology■ Donkeys■ Equine Welfare and the LawTo request copies of leaflets or to speak to one of the teamabout any equine welfare issues, please feel free to contact thedepartment by post, phone or email.The Welfare TeamRedwings Horse SanctuaryHaptonNorwichNR15 1SPTel: 01508 481008 (8.30am - 5pm, Monday to Friday)Email: info@redwings.co.ukRedwings Horse SanctuaryGeneral Enquiries 01508 481000www.redwings.co.ukMarch05