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My it's hereR S P C A |
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Animal Welfare Assessment This document is a guidance to dealing with the RSPCA should you become the subject of a complaint. Firstly the RSPCA has NO LEGAL RIGHT of entry to your property or rights to inspect your animals in law. They cannot remove animals except with YOUR permission. The RSPCA is concerned with cruelty to animals not bad husbandry although they may advise on the assessment provided to you. Try to ascertain what the specific complaint is and who by – it could be a malicious or personal grievance against you. REMEMBER The RSPCA is a registered charity. It is NOT a public law enforcement body. DO NOT be intimidated by their uniform, rank or manner. Unlike the Police, they are not recognised by the Crown. They are designed to impress the public. Society Inspectors have NO special legal powers whatsoever. Only the Police, with a warrant, can exercise powers based on a report by the RSPCA inspector. They have NO right of entry or access to homes or property nor can they stop or detain vehicles. They can only carry out any law enforcement function as an assistant to a Police Officer, upon that officers request. They have NO special powers to arrest offenders. They can caution you, however this is merely to formalise them giving evidence under oath should a court case ensue. If cautioned you should make no further comments and ask them, politely, to leave. Once asked, they become trespassers and can be dealt with accordingly. Should they inform you that they will return with Police presence you should ask them for the Police Duty Solicitor to be present also, at their expense. The solicitor will act on your behalf. Whilst the Society’s staff issue criminal proceedings they do so by way of a private prosecution. They are not considered expert witnesses unless they are members of the British Academy of Experts. Very few are. DO NOT UNDER ANY CIRCUMSTANCES ASSIST THEM OR ALLOW THEM ACCESS to your animals. This WILL result in further problems. DO be polite, non-confrontational and diplomatic. The form below is taken from the RSPCA report book. Animal Welfare Assessment An RSPCA inspector has called to see: (animal(s) and location] On: (date and time] Owner/person responsible: Contact number: Below is the RSPCA inspector’s view about how the animal(s) is/are being kept. Any ticks in the ‘No’ column mean you need to do something for your animal’s welfare. See the inspector’s comments below for details. To be completed by RSPCA inspector. Answers are Yes / No only Freedom from hunger and thirst Does the animal have ready access to water? Does the animal look like it is getting a nutritionally adequate diet to stay healthy? Freedom from discomfort Is the animal contained within a suitable environment? Is the environment clean? Can the environment be maintained in a clean condition? Is the environment free from hazards, such as sharp projections? Is there shelter from extremes of weather? Is there a comfortable resting area? Freedom front-pain, injury and disease Is the animal free of any sign of pain, injury or disease? If ‘no’, has its condition been diagnosed? Is its condition being treated properly? Freedom to express normal behaviour Does the animal have enough space to express its normal behaviour? If it is working or in transit, does the animal get enough opportunity to express its normal behaviour? Does the animal have enough opportunity to express its normal behaviour in the company of other animals of its own kind or its handler/owner? Freedom from fear and distress Is the animal free of any obvious signs of fear and distress? If it is showing fear, distress or mental suffering has the cause been identified? Is the right action being taken to alleviate the problem? Inspector’s comments/any other concerns Contact number: 0870 55 55 999 Date For internal purposes only Do you believe your advice has been accepted? Yes/No Date 1S77 Version 2 |
