Equine Welfare and the Law - Redwings

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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.
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Equine Welfare and the Law - Redwings

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