Cats and the Lawa plain English guide

Cats and the Law: foreword 3

The UK is a nation of animal lovers, but from time to timemembers of the public need to know the law as it applies tocats and their owners. A variety of circumstances can arise;from people wishing to know their obligations in caring for acat, to understanding their legal liability for any damagecaused by their cat to a neighbour’s property. Re-hominginstitutions and breeders also need to know how the lawimpacts on their affairs in order to keep within the boundariesof the law. However, it is not always so easy to be sure aboutwhat the law requires without a simple reference guide; whichis what this booklet aims to provide.

This booklet is a summary of current law relating to cats,primarily the Animal Welfare Act 2006 and its introduction of apositive obligation to promote and observe animal welfare incompanion animals. The booklet also summarises the law onkeeping and care of a cat, issues relating to the sale or theft ofcats and damage either caused by or caused to a cat. Wehave put into plain language the basic information contained inthe Animal Welfare Act 2006, its associated Code of Practice,and other related laws so that anyone can check their keylegal obligations and identify their responsibilities under thelaw without being overwhelmed by legal language.

We have also listed and answered some of the most frequentquestions that people ask about cats and their legal status, sothat most of what cat owners, breeders and rehominginstitutions would want to know is contained within this guide.Inevitably there will be some omissions and the book is notintended to be a substitute for the actual legislation. Nor is itintended to be a substitute for, or intended to be relied uponas, formal legal advice which may need to be sought on thespecific circumstances of a query. But subject to the limitationsexpressed above, the guide should answer most commonlegal questions facing cat owners, breeders and rehominginstitutions.

The guide was commissioned by the Feline Advisory Bureau(FAB) (now International Cat Care (iCatCare)) on behalf of theCat Group, a number of charities with an interest in cat welfareand the law. While the project originated in Lincoln Law Schoolat the University of Lincoln, the conclusions are, of course,those of the authors.

2 Cats and the Law: authors

ForewordDr Angus Nurse is SeniorLecturer in Criminology inMiddlesex University School ofLaw where he teaches andresearches criminology and law.He was Lecturer in Criminologyand Criminal Investigation atBirmingham City University from2011–2013 and before thatspent three and a half years as aResearch Fellow at theUniversity of Lincoln’s Law

School researching civil justice systems, criminal justice andhuman rights. Prior to this, Angus was an Investigator for theCommission for Local Administration for England (the LocalGovernment Ombudsman) and worked in the InvestigationsSection and Legal Compliance units at the Royal Society forthe Protection of Birds. He is a graduate of the University ofLeicester with a Master’s degree in Criminal Justice Studiesand has a PhD in Criminality and Criminal Justice Policy fromBirmingham City University where he studied wildlife crime andthe enforcement of wildlife law.

The Cat Group isa collection of professional

organisations dedicated to feline

welfare throughthe development

and promotion ofpolicies and

recommendationson the care and

keeping of all cats.

www.thecatgroup.org.uk

Member organisations:

● Battersea Dogs andCats Home

● The Blue Cross● British Small

Animal Veterinary Association

● Cats Protection● International Cat

Care (founder)● Governing Council

of the Cat Fancy ● The Mayhew Animal

Home● People’s

Dispensary for SickAnimals

● Royal Society forthe Prevention ofCruelty to Animals

● Wood Green – theAnimals Charity

Authors

Diane Ryland LLB LLM is aSenior Lecturer in the Law Schooland has taught European Union(EU) Law at the University ofLincoln since 1995. Prior to thisshe was employed as aresearcher in European UnionLaw at the University of Hull.From 1995–2002 she undertookresearch in European Unionenvironmental regulation as amember of a team of internationalacademics convening at Nicholas Copernicus University,Toruń, Poland, conducting research into the approximation ofPoland’s laws to European Union standards. From2000–2008, she contributed a chapter annually to the currentsurvey in the Yearbook of European Environmental Law,Oxford University Press. Currently, she is researching for aPhD in Animal Welfare in Agriculture: Public (EU) and PrivateStandards, in the Law School at the University of Leeds.

Contents4  Introduction5 Definitions6 Basic protection

afforded to cats7 Sale of cats10 Liability for cat

damage14 Animal welfare

offences15 DEFRA’s

Code ofPractice onthe Welfare of Cats

18 Rehoming19 Cat thefts and

injury to cats 20 Questions

frequentlyasked aboutcats and thelaw

25  Usefuladdresses

Cats and the Law: definitions 5

The main legislation affecting cats in England and Wales is the Animal Welfare Act2006 which consolidates much earlier legislation and both promotes animal welfare

and provides an enforcement mechanism through which punishment may be pursuedwhere there is a breach of animal welfare standards. The basic principle of this Act

(and its Scottish and Northern Irish equivalents1) is that both domestic, stray andferal cats are protected from harm. There is also now a duty on cat owners and

others responsible for a cat to ensure that a cat’s needs are met.

Part of the law requires a ‘responsible person’ (seeDefinitions) to provide for the needs of an individual cat.

This means that those sharing their homes with a catneed to provide a suitable environment and suitable

diet; to satisfy the cat’s need to be able to exhibit normalbehaviour patterns and any need to be housed with or

apart from other animals; and need to ensure that theircompanion animals are protected from pain.

Many cat owners will already be doing this, but some may needto rethink the way they interact with their companion animals

and may also need to examine whether the conditions andenvironment their companions are kept in are causing any

discomfort. The new law requires cat owners to consider not justphysical discomfort or pain associated with cruelty, but also mental

distress by, for example, denying an ‘indoor only’ cat the ability toexhibit its natural behaviours and the opportunity to properly expressitself. This is particularly important, as an ‘indoor only’ cat may bemore likely to show certain medical problems associated with beingkept indoors; which if manifest could constitute suffering under thelaw. Allowing cats to roam unrestrained could equally cause someproblems and so the duty to ensure welfare creates a responsibility

to monitor and assess the condition of each individual cat.

The UK Animal Welfare Acts intend to prevent harm before itoccurs and allow for prosecution of animal welfare

offences. The following text aims to provide astraightforward means of checking the legality of

action affecting cats. Every effort has been madeto ensure its accuracy but the authors and The

Cat Group can take no responsibility for anyerrors or omissions.

4 Cats and the Law: introduction

1There is country-specific legislation in Scotland and Northern Ireland; the Animal Health &Welfare (Scotland) Act 2006 and the Welfare of Animals Act (Northern Ireland) 2011. The threeanimal welfare acts have similar aims of preventing harm and promoting animal welfare althoughthere are some differences in the respective Acts.

DefinitionsCode of Practice for Cat Welfare (the Code)The Department for the Environment Food and Rural Affairs (DEFRA) Code ofPractice on the Welfare of Cats gives guidance on keeping cats in a suitableenvironment. The Code provides detail on what is required of cat owners incaring for their companion and providing a suitable environment for their cat’sneeds. The Code holds ‘advisory’ status rather than itself being directlyenforceable, which means that cat owners cannot be prosecuted purely for notfollowing the Code. However, a court can consider a failure to provide thenecessary cat-friendly environment required by the Act (in accordance with theCode) when considering animal welfare offences.

Companion animalThe term ‘companion animal’ is used throughout this guide instead of the term‘pet’ to refer to domestic cats. This includes not only cats who are clearly linked toor living at a single property and have an identifiable owner, but also those strayand feral cats for which a person may accept some responsibility to provide acertain level of care and comfort.

DEFRAThe Department for the Environment Food and Rural Affairs (DEFRA) is theGovernment department with responsibility for environmental matters, includingwildlife protection and animal welfare. DEFRA has published guidance on thenew Animal Welfare Act 2006, in the form of a Code of Practice.

OwnerThroughout this guide, the term ‘owner’ is used to describe the person who haslegal ownership of a cat. This is because under the law, cats are property andeffectively ‘belong’ to somebody even though to many cat owners they simplyshare their home with their companions; not thinking of themselves as owners.However, in this guide owner means legal owner, which may, or may not, be theperson who regularly provides food for the cat, has a place within his home orgarden that the cat frequents or, in the case of stray or feral cats, regularly makesfood available to the cat so that it frequently returns to the human for foodthereby temporarily being in that person’s ‘possession’.

Responsible personThis term is used to describe a person who accepts responsibility for a cat andits welfare even if they are not the owner. For example, friends who house sit fora cat are responsible for its welfare while they do so. Those who are keepers ofa cat that belongs to a rehoming institution because the institution’s termsspecify this, would also be responsible persons (even though they are notowners) as custodians of the cat.

Introduction

Sale of cats

6 Cats and the Law: basic protection afforded to cats

The legal status of cats under the UKAnimal Welfare Acts is that of protectedanimals. UK law generally regardscompanion animals such as cats aspersonal property so that any damage orharm to a cat is legally the same asdamage to any other piece of property.The law applies not just to cats which areclearly linked to a single property and anidentifiable owner, but also to stray andferal cats that may occasionally be fed byhumans (see definition of responsibleperson, page 5).

The protection provided under the lawextends to all cats so that bothcompanion and stray or feral cats areprotected. The UK Animal Welfare Actsimpose a duty to ensure cat welfare,which requires that owners or thoseresponsible for an animal provide for asuitable environment, suitable diet, theneed to be able to exhibit normalbehaviour patterns, any need to behoused with or apart from other animalsand the need for protection from pain.The law covers not only physicaldiscomfort or pain associated withcruelty offences but also mentaldistress.

The obligation to considerwelfare and protect cats from awider definition of suffering isimportant as cat owners arerequired to do more than simplyprovide a home for their cat. Theyare required to consider both theinterior and exterior environment oftheir home and to ensure that, sofar as is possible, it is suitable for theirindividual cat. Where they fail to do so,

Cats and the Law: sale of cats 7

Any private sale of cats is likely to form acontract and any business sale will becovered by contractual terms and alsoregulated by the Sale of Goods Act1979 (as amended). A cat buyerwill have rights as a purchaserbut the seller will also haveobligations especially whenacting as a business (forexample, a breeder or petshop). The Sale of Goods Act 1979generally requires that goods are ofsatisfactory quality which means that theymust meet the standard that a reasonableperson expects. What is considered to besatisfactory in any specific case isdetermined by any description of thegoods, the price (if relevant) and all otherrelevant circumstances. The law requiresthat goods should be suitable for thegeneral purpose for which similarproducts are supplied and theirappearance or finish should be free fromminor defects, and should be of a certainlevel of safety and durability.

While considering cats and kittens as‘goods’ may be difficult for some people toimagine, applying these principles meansthat any cat sold should be healthy (ie,free from disease), and be suitable as afamily companion as this is what onewould normally expect when buying adomestic cat or kitten. If a cat sold by abusiness (eg, breeder or pet shop) is notof satisfactory quality the buyer has someadditional rights because of the additionallaw which applies to commercialtransactions but not to private sales.Unsatisfactory quality is a broad conceptbut could include a failure to socialise acat to humans, especially if the cat is soldas being ‘suitable as a family pet’ when

Basic protection afforded to catsthey may commit an offence under theAnimal Welfare Act 2006 which containsprovisions aimed at preventing harmbefore it occurs as well as provisionsaimed at promoting welfare including theimposition of a duty to ensure welfare.

This issue is of importance to cat ownersas they are responsible for ensuring thattheir cat’s needs are properly consideredin a way that effectively gives cats legalprotection from being kept in unsuitableconditions. While cats technically remain‘property’, the law now requires theirneeds to be considered and that asuitable environment for a cat ismaintained by anybody wishing to be acat owner and share their home with afeline companion. Cat owners who fail tocomply with the requirements can beprosecuted so maintaining a certainstandard of care is in the owner’s interest.

this is not the case.Selling an unsocialised

cat would essentiallybe selling an

unsatisfactory catas a

domesticatedcat would be

required tosatisfy the

need for a suitable family pet. Additionally,if a seller misrepresents the cat’scondition in this way or, for example,claims that it has been microchipped orthat it is a pedigree cat when neither ofthese claims is true, then the buyer couldcomplain to the seller as they would whenpurchasing any other defective orunsuitable ‘product’ with the expectationthat their money will be refunded or thegoods replaced. In extreme cases a buyercould complain to a court to get theirmoney back from the business.

For example, if a cat is purchased from abusiness seller or breeder but thenexperiences health problems that arescientifically known to be hereditary; orshould be known by breeders of aparticular breed to be so; or could betraced back to the breeder; then the buyershould be able to recover the cost of thecat and any treatment incurred as aresult. Breeders of pedigree or specialistbreeds should investigate for knowninheritable diseases and should take allreasonable steps to avoid them as part oftheir checks on the suitability of the cat forsale.

This would be the position where aninherited problem is present which thebreeder should have known about and for

Letthe

buyerbeware

which there is a reliable test. Buyerswould also be able to reclaim any otherlosses the purchaser and the seller orbreeder could have reasonably expected(eg, vets fees, boarding fees, travel costs,etc). But, in the case of a diseased cat,where the disease was undetectable atthe point of sale, even though the cat wassold by a business, the buyer may haveto simply accept the diseased cat and itsconsequences. This is because the lawallows a certain level of flexibility forsellers who could not possibly haveknown about and had no hand in thepresence of disease in the cat and who,in fact, made no fraudulent (false)statements about the health of the cat.The position would change where theseller made a fraudulent statementabout the health of the cat.

The issue of selling cats of abreed at risk of carryingdisease such as felineinfectious peritonitis (FIP)can cause problems forbreeders andpurchasers. Theremay be a claimunder the law ofnegligence if a breeder sells a catknowing that the development of FIP isreasonably foreseeable as a likelihoodand not just a possibility. It could bearguable in such a case that the breederhas a duty of care to the buyer and wouldbe responsible for the buyer’s costs if thebuyer has unwittingly bought a diseasedcat which the seller should or could haveknown about. However, expert evidencefrom a vet or scientist might be used bythe breeder to rebut any evidence that thedisease was a pre-existing condition.The fact remains that in most situationsthe risk of FIP developing if a cat has

In the case of a private sale, and in theabsence of any contractual terms, buyersof cats and kittens have a certainresponsibility to satisfy themselves as tothe quality of goods they are buying.Private second-hand car sales areparticularly prone to this where the phrase‘caveat emptor’ [let the buyer beware]frequently applies. In other words, a sellerwho buys a second-hand car (or cat)privately, should be careful that what theyare buying is free from defects.

Most reputable businesses are aware oftheir obligations as sellers and thelegislation that covers their operationsand so should be willing to provideguarantees. But in any case, the laweffectively will imply terms into a businesssale in order to protect the buyer. Hobbybreeders should be aware of this, sincethe question as to whether they areoperating in the course of a business willbe one that is decided on the facts ofeach individual case taking into accountsuch factors as the frequency of sales,

Cats and the Law: sale of cats 98 Cats and the Law: sale of cats

coronavirus infection is generally low. Butbreeders should be aware of anytendency for particular cat breeds toactually develop the disease (rather thanjust coming up positive for a test forcoronavirus), and need to exercise allreasonable care to prevent its presence incats they sell (see frequently askedquestions section later in this guide).

Where a seller of a cat is operating in thecourse of a business, whether he intendsto or not, and he sells the cat as being fitfor a particular purpose for which thebuyer makes known he wants the cat, oras being of a particular breed that thebuyer wants, then the buyer may haverights against the seller if the cat is not fit

for that purpose or not of that breed.Providing an average domestic cat to

someone who saw the cat andindependently formed an opinion

that it was of a particular breedwould not render the seller

liable. But if the buyerspecifically requested a

particular breed and thatfact was made known to

the seller and the catsold was not of that

breed, the seller would be responsible forthis. The law also accepts that buyers relyon any information provided to themduring a sale when making a decision asto whether or not to purchase a product.So fraudulent statements, or well-meaning statements even if these laterprove to be untrue, that a cat is healthyand free from a traceable disease, fit for aparticular purpose, or of a particularbreed, can be relied upon when making acomplaint to a seller, to trading standardsor when asking for money back or forother expenses to be covered by a selleror breeder.

whether advertising was undertaken andreceipts kept, how much money wasmade and how much was spent, etc. Aswith other ‘goods’ private sales potentiallycarry a higher risk for the cat buyer andless opportunity for pursuing complaintswhere there are problems. If in doubt, andparticularly in the case of private sales,getting some form of written guarantee aspart of the sale is good practice as thiscan be relied upon if a problem occurslater on. The fact that the sale is one of alive companion does not mean that thenormal rules of the buyer-sellerrelationship should not be observed andbuyers should exercise the same cautionas they would when buying other goodsfrom a seller they do not know (seefrequently asked questions).

Many more instances of sales andpurchases of cats are taking place overthe internet, in place of newspaperadverts and sales. Sellers acting in thecourse of a business, which may includehobby breeders, should be aware of theirobligations under the law. A cat buyermust also realise that the cat they are

buying is classed in law as a good orproduct. Whereas they may have

some redress if anything goeswrong with a reputable business

sale, if they are buyingfrom a private partythey should be careful,ask questions andobtain guarantees sothat they may beprotected under therules of contract.Otherwise they willnot be protected sincethey are buying underthe principle of ‘let thebuyer beware’.

Caveatemptor

10 Cats and the Law: liability for cat damage Cats and the Law: liability for cat damage 11

Cat owners frequently want to know ifthey are responsible for any damage thattheir cat does; while those living next doorto or near cats owned by others want toknow their options if a cat causes damageto their property or becomes a nuisance.This is a complex area of the law butgenerally cat owners owe a duty of caretowards others not to cause injury ordamage. This means that they should tryto ensure that their cat does not causeharm to others or damage neighbouringproperty and are expected to takereasonable steps in doing so. The lawgenerally makes the owner or‘responsible person’, ie, the keeper, theperson responsible for any cat damage,who may need to pay the costs of anydamage caused.

The general duty of care mentionedabove means that cat owners need toconsider the effect of their cats on

neighbours, a term which broadly coversothers who may encounter the cat, andshould try to prevent their cat fromcausing any harm to those others. Thenormal behaviour of individual cats,however, is unlikely to cause problems.But separate from the causing of actualdamage there are several different areaswhere cats can cause a nuisance toneighbours who do not, for example,appreciate them fouling their gardens.They can, for example, be a nuisance interms of noise and smell, especially ifthey are kept in unsanitary orovercrowded conditions. The difficulty formost cat owners is in knowing what actionis reasonable to take and what types ofdamage they might be liable for and thecircumstances of each individual caseneed to be considered in order todetermine an individual’s liability. Thefollowing section aims to clarify theseissues.

Cat owners or responsible personsmust ensure that their cat’s needs aremet. In doing so they need to alsounderstand the specific characteristicsof their cat, for example whether it islikely to be defensively aggressiveand/or territorially aggressive topeople or other cats, or has atendency to scratch and destroyfurniture. Owners are responsible for‘severe’ damage which includesdamage to property, including otheranimals suchasneighbours’cats, butwhich alsopotentiallyincludesdeath orinjury toanybodywhich iscaused bytheir cat; thisincludescontracting a disease from a cat orsuffering other physical harm (forexample severe scratches) or mentalharm. The law recognises that someindividual cats are prone to causedamage and some are prone todisplay defensive aggression orterritorially aggressive tendencieswhich could make them dangerous.Where this is the case, owners aremore responsible for the damage thattheir companions cause, so that anowner of an aggressive cat needs totake steps to prevent it from escaping

Cat owners are generally notresponsible for the ‘normal’ behaviourof cats because the law accepts thatcats tend to wander into otherproperties and have instincts which,for example, lead them to prey onsmall birds. So cat owners should bereassured that the simple fact of theircat trespassing onto a neighbour’sland would not make them responsibleif, for example, the cat kills a pigeon orgarden bird, urinates on plants orflowers, or defecates in a neighbour’ssoil. These would be ‘normal’ catbehaviours that would be expected

and, while some neighbours may havestrong feelings about the presence ofa cat in their garden, the law oftrespass and the general civil lawwould make it unlikely that a claimagainst a cat owner could be made forthese everyday occurrences.

and damaging neighbouring propertyor attacking neighbouring cats orhumans. If an owner knows that theircat is dangerous; its aggressivenature is unusual for a domestic catand the owner (and others) knowthat if the cat escapes it is likely tocause that damage, then the owneris potentially liable for any suchdamage (see the frequently askedquestions section at the end of thisguide). As a result, owners of

unusuallyaggressive ordestructivecats areespeciallyadvised tocontrol theircompanionsotherwise theymay findthemselveshaving to payfor the costs ofany damage

caused by their cat. Owners shouldalso be aware that if the cat escapesand becomes a stray they remainresponsible for any damage the catcauses until it acquires a new owneror keeper. As a result, abandoningan overly aggressive cat does notautomatically prevent the owner fromhaving to meet the costs of anydamage the cat causes until it findsa new owner and the owner maycommit an offence of failing toensure the cat’s welfare by causingunnecessary suffering.

Liability for cat damage

General damage

Damage to persons and property

12 Cats and the Law: liability for cat damage

The law on nuisance is intended to dealwith circumstances that affect enjoymentof a property. Noise, smell, dust and otherforms of pollution can all be classed as anuisance in respect of which localauthorities are able to take enforcementaction. This can be a complex area of lawbut, essentially, the law defines certainactivities, those that can cause harm tohealth or represent an ‘unacceptableinterference’ with the personal comfortand surroundings of neighbours or thenearby community, as a nuisance. The lawuses the term ‘amenity’ to explain how thenuisance law impacts on people; this is anumbrella term for features that arepleasant or agreeable, such as a garden.So a smell that prevents neighbours fromspending time in their garden during thesummer could be a nuisance. The gardenis an amenity and for many is an integral

part of their home, so a smell that makes itunpleasant to be out in the garden couldrepresent an ‘unacceptable interference’with that amenity.

Local authorities are required toinvestigate and detect any statutorynuisances occurring in their area andhave wide ranging powers to deal withthese. Several parts of nuisance lawapply to cats. For example, keepinganimals in conditions whichcause nuisance to others orwhich are likely to causehealth problems would be anuisance. This area of thelaw is intended to deal with‘extraordinary, non-natural orunreasonable action’ sogeneral noise of cats (evencats fighting at night) wouldn’tcause this problem. However,where the living conditions of

companion animals cause excessivesmell, noise or flies this could be anuisance. If, for example, a large numberof cats were kept in a small flat and thenumber of animals combined withkeeping them in poor conditions causedexcessive smell (eg, by not emptying littertrays nor allowing them outside so that asmell of urine builds up) then this couldbecome a nuisance. In such a case alocal authority could impose restrictionson the number of animals kept. There is acase example of large numbers of catsbeing kept and allowed to stray with theresult that an excessive amount ofexcrement was deposited onneighbouring property, and this caused anuisance. While, as mentioned above, thelaw accepts that cats have a tendency towander about and defecate where theyplease, in this example the specificcombination of the number of cats,the nature of the property, and thelack of effective control over thecats meant that their presenceand behaviour became anuisance to the neighbouringproperty.

While the above example is probably notan everyday occurrence, where anuisance is caused, the law (theEnvironmental Protection Act 1990) givesa local authority the power to decide whataction cat owners should reasonably berequired to take in order to deal with anuisance. The courts have decided that inthe case of a business (such as acommercial breeder of cats) theyshould use the ‘best practicable’means to deal with a nuisance.This means that action can betaken to reduce a nuisance(such as putting up a fence inan attempt to prevent catsfrom escaping into aneighbouring property). Itdoes not mean that thenuisance would have to becompletely eliminated, forexample by getting rid of

all cats or relocating abusiness.

In the case of a vehicle accident with acat, the normal criminal offence offailure to stop and give details orreport an incident to the police doesnot apply to incidences which onlycause injury to cats, ie, where therehas been a collision between a vehicleand a cat. Cat owners may havequestions about whether they wouldbe responsible for damage if theircompanion strayed into the road andcaused an accident or injury to others.While in principle the owner of ananimal which strayed onto a road,footpath, main road or motorwaywould be responsible for any damageor injury, the law – which generally

covers animals likely to stray such ashorses, cows and sheep, but whichwould apply to dogs, or even to cats,– is unlikely to make cat ownersliable. The nature of cats ascompanions that cannot realistically befenced in is a factor, but it is also truethat cats generally will not cause thesame kind of severe harm in the samemanner as dogs.

Except in extreme circumstances,where it could be argued that thelikelihood of an accident could bepredicted and the owner owed a dutyof care to drivers yet did nothing toprevent the accident, it is difficult tosee how a cat owner would be liablefor a road accident caused by theircompanion (see frequently askedquestions later in this guide).

Car accidents

Nuisance

Cats and the Law: liability for cat damage 13

14 Cats and the Law: animal welfare offences Cats and the Law: DEFRA’s Code of Practice on the Welfare of Cats 15

For many cat owners, potentialcomplaints about animal welfareoffences are the main issue of concern.When it was first introduced, someheadlines suggested that the AnimalWelfare Act 2006 would be oppressiveand place unnecessary burdens on catowners. In reality, the Act has perhapshad modest effect on the lives of mostcat owners but has clarified what theyneed to do in order to provide anappropriate level of care and suitableenvironment for their companions. TheAct requires that every cat owner has aduty to ensure the welfare of theircompanion and should take action toprevent ‘unnecessary suffering’ to theircompanion. This means that catowners should avoid action thatdeliberately harms a cat but also needto make sure that cats are not harmedbecause they fail to take action.

The concept of unnecessary sufferingincludes both mental and physicalsuffering, so cat owners need to makesure that their companion is not causedunnecessary stress. While it may be

The DEFRA Code of Practice clarifieswhat cat owners need to do to provide theright level of animal welfare and a suitableenvironment for their companions. Itexplains what cat owners need to dounder the Animal Welfare Act 2006 inorder to ensure that the cat’s followingneeds are provided for:● Its need for a suitable environment;● Its need for a suitable diet;● Its need to be able to exhibit normal

behaviour patterns;● Any need it has to be housed with, or

apart from, other animals; and● Its need to be protected from pain,

suffering, injury and disease.

The Code provides practical guidance tocat owners on how to meet theirobligations. While a breach of the Code isnot an offence, in any action taken foranimal welfare offences involving cats,the Court will look at whether or not a catowner has complied with the provisions ofthe Code the main detail of which iscovered below.

obvious that violent action such askicking a cat would cause unnecessarysuffering, prolonged exposure to hostileaction such as screaming, behavingthreateningly or withholdingappropriate food and comfort mightalso cause unnecessary suffering.

Cat owners should also be aware thatanyone who abandons a protectedanimal potentially commits a criminaloffence under the UK Animal WelfareActs. The position varies in each of theUK jurisdictions. In Scotland it is anoffence for a person responsible for ananimal to abandon it withoutreasonable excuse and incircumstances likely to cause itunnecessary suffering. In NorthernIreland an offence would be committedshould a person responsible for ananimal abandon it without reasonableexcuse. There is no specific offence ofabandonment under the AnimalWelfare Act 2006; in England andWales abandonment is included in theduty to ensure welfare and the offenceof causing unnecessary suffering.

DEFRA’s Code of Practice on the Welfare of CatsThis is a brief summary of nuisance lawwhich contains provisions, not only on theconditions in which animals are kept, butalso specific provisions concerning suchthings as noise. While nuisance law isunlikely to affect the majority of catowners, those keeping a large number ofcats need to consider the possible effectof their companions on neighbouringproperties and whether the conditions inwhich the cats are kept could lead to

excessive noise, smell or potential healthissues due to animal waste. Neighbourswho consider that their right reasonably toenjoy their property is affected by thepresence of cats are entitled to complainto their local authority environmentalhealth department who have a duty toinvestigate. Where the local authorityconsiders that cats are causing anuisance (as the law defines it) they arelikely to take enforcement action.

The Code recognises the territorialnature of cats and that, althoughclassed as companions, domesticcats will spend significant periods oftime outside. As a result, whileowners are required to provide theircat with a ‘safe, comfortable, dry,draught-free, clean and quiet place’where it can rest undisturbed2 theyare also required to take ‘reasonablesteps’ to protect a cat from hazardsindoors and outdoors. The Codedoes not provide a precise definitionof ‘reasonable steps’ but does saythat a cat should have constantaccess to safe hiding places, whereit can escape if it feels afraid. As aresult, cat owners need to ensureeither that they do not keep a cat inan unsafe or unsuitable environmentwhere the needs specific to a cat’sbehaviour are not catered for, or thatif they do so, they show that theyhave tried to consider both theneeds of their individual cat and thespecifics of their home so that theyhave done as much as they can tominimise any possible harm to the

cat fromindoor andoutdoorhazards.

2Section 1, DEFRA Code of Practice for theWelfare of Cats

Animal welfare offences

Suitable environment

The Code requires that the dietary needsof cats should be met, specifying theneed to ensure that cats do not becomeunderweight or overweight. This aspect ofthe Code provides minimum standardsthat owners need to meet. Not only therequirement to provide fresh drinkingwater at all times and to provide abalanced diet suitable for a cat’sindividual needs, but also to monitor theamount that the cat eats or drinks and toseek advice concerning the cat’s diet asrequired. The Code specifically refers to

Diet

16 Cats and the Law: DEFRA’s Code of Practice on the Welfare of Cats

the special dietary requirements of certaincats (including cats that are ill) so thatowners need to actively consider whethertheir cat should be provided with a specialdiet in order to ensure the cat is properlycared for.

provided with enough ‘mental, social andphysical stimulation’ to meet the individualneeds of a cat. The reference to individualneeds means that the owner of anextremely active cat may need to dosomething particular (eg, by buyingspecial or additional toys) to make suretheir cat is properly stimulated. While theCode requires that a cat is able to exhibitscratching behaviour and refers to a catbeing provided with somewhere toscratch, for example a sturdy scratchingpost, for an active cat which is confinedindoors several scratching posts mayneed to be provided to accommodate this.The Code is clear that owners should

Cats and the Law: DEFRA’s Code of Practice on the Welfare of Cats 17

The Code reflects the fact that catbehaviour varies according to a cat’s age,personality and past experiences. Section3 of the Code says that cats must be

know how their cat behaves when fit,healthy and happy, which suggestsowners must be aware of and monitortheir cat’s behaviour and notice anychanges in it. Failure to do so could be abreach of the Code and result in‘unnecessary suffering’ which might leadto prosecution.

This is a brief summary of the mainprovisions of the Code. Full copies andadditional guidance are available onlinefrom the DEFRA website with links tofurther guidance available from memberorganisations of The Cat Group (seeUseful Addresses section).

Section 4 of the Code requires catowners to ensure that their cat hasappropriate company. In keeping withother provisions of the Code, Section 4requires owners to consider theindividual needs of a cat and itsindividual sociability towards people,other cats and other animals. TheCode indicates that ‘a cat may suffer ifit cannot avoid other cats it does notlike’3 indicating that failure to provideappropriate housing free frominteraction with other animals couldconstitute unnecessary suffering.However, the Code also indicates thatowners should provide regular contactwith people even when they are away,for those cats that like people.

Section 4 of the Code requires ownersto consider the socialisation needs of aparticular cat which could mean thatthey should either avoid having asecond cat or other companion animal(eg, a dog) if doing so would causeproblems for their cat, or that if they dohave another animal they mustgradually introduce the new animalinto the home or try and minimisecontact between animals that do notlike each other. This includes providingextra resources (toys, beds, litter traysand hiding places) to allow cats to getaway from each other and also toensure that they can access

everything they need without having topass one another too closely. Thisguidance means that cat owners needto carefully consider, on the basis ofan individual cat’s needs, any decisionto have more than one cat or any otheranimal. Failure to do so could result inthe causing of unnecessary sufferingeven though this is doneunintentionally.

Cat owners also need to consider thepossible stress to cats in hot weatherand on bonfire night. DEFRA haspublished specific guidance on thistogether with the Blue Cross which attime of writing is available from theDEFRA website (see UsefulAddresses at the end of this booklet).

The Code also requires owners tomonitor their cats for signs of injury orillness and to ensure that somebodyelse does this when the owner isaway. While most cat owners willnaturally keep aneye on their animal’shealth, the Code isspecific that ownersmust do this andshould seekveterinary (or otherappropriate) adviceas soon as possiblein the event of catinjury or illness.

The Code also indicates explicitly thatowners are required to ensure thatcats are provided with safe toys andreceive enough mental, social andphysical stimulation to satisfyindividual behavioural needs. Giventhe Code’s obligation to provide for an

appropriate environment, housing andmaterials to allow a cat to exhibitnormal behaviours, this raises aquestion concerning the training of catsto fit within a pre-existing home

environment. TheAnimal Welfare Act2006 suggests thatinstead, homes wouldneed to be modified tosuit the needs of theindividual cat whichhas implications forcat training methods.Cat owners in Walesare banned from usingelectronic training aids

by the Animal Welfare (ElectronicCollars (Wales)) Regulations 2010 (SI2010/934) (the 2010 Regulations). Thisincludes collars to keep cats within agarden boundary. However, at presentit is not an offence to use electronictraining aids on cats in England.

3Section 5, DEFRA Code of Practice for the Welfare of Cats

Normal behaviour

Housing

Protection from pain

Cats and the Law: cat thefts and injury to cats 1918 Cats and the Law: rehoming

There are thousands of cats, all overBritain, waiting to be rehomed. Rehominginvolves passing responsibility for a catfrom one person to another. As the lawnow requires persons with responsibilityfor a cat to provide appropriate standardsof animal welfare, rehoming organisationshave this duty while a cat is in their careand usually pass it on to the new owner.But in some circumstances they mayremain the owner so that the persongetting a cat from the rehomingorganisation is a ‘keeper’ or ‘responsibleperson’ (the phrase ‘custodian’ issometimes used). This potentiallycomplex arrangement means that bothrehoming organisations and those takingcats from rehoming organisations need tobe clear about and understand what theirlegal responsibilities are and these aresummarised as follows:

● Where the rehoming organisationretains ownership of the cat throughoutits life, this is usually explained in thecontract accepted by the prospective‘owners’. In such cases the term‘custodian’ will be employed. Rehomingorganisations which do retainownership then remain bothresponsible and potentially liable for the cat’s welfare and actions.

The Companion Animal WelfareCouncil (CAWC) in a 2011 Reportadvised that responsibility for theanimal’s welfare and behaviour lies withthe keeper and the owner, who may notbe the same person. Where the ownerof an animal is the rehomingorganisation, which can choose to takeback an animal, the rehomingorganisation should ensure that thekeeper – the adopter – is given

sufficient advice on the requiredstandard of animal care andmanagement. This includes advice ontraining and behaviour and sources ofhelp. Failure to provide this writteninformation could result in court action,since the rehoming institution, asowner, still falls within the definition ofresponsible person under the AnimalWelfare Act 2006.

● The CAWC recommends that newowners are told about possibleproblems following rehoming as rehomed cats can be quiet and may noteat well for a day or two, which mightbe followed by more boisterousbehaviour within a couple of weeks ascats feel more confident in their newenvironment. Rehoming organisationsmust give new owners vital informationregarding the cat’s history,temperament and health so that theycan meet the cat’s needs and meet

their obligations under the law to do so.Information must also be given onexpense, insurance, neutering,microchipping and the fact that cats arecompletely dependent on their ownersfor protection, an adequateenvironment, food and stimulation.

● Abandonment of any companionanimal is both cruel and illegal. Re-homing organisations shouldemphasise this in any informationgiven to a prospective cat owner.

The CAWC’s June 2011 report on rescueand rehoming can be found at its website.

The law recognises cats as property,so that when somebody steals a catfrom its owner this would be theftunder the Theft Act 1968. Thoseinvolved in taking a cat might also becharged with handling stolen goods orobtaining property by deception. Ifmoney or favours are demanded forthe return of a stolen cat this could beclassed as bribery. Neither should thecat’s lawful owner advertise a rewardstating that no questions will be askedfor information leading to the return ofthe cat, which in itself is an offence. Ifa cat is stolen, owners should call thepolice as the illegal removal of theircompanion should be treated thesame as any other theft. The potentialdifficulty with cat theft is proving thatsomebody has deliberately removed acompanion. A cat, may, for example,seek food from several homes orsimply find comfort in another homewithout the new ‘owner’ having doneanything that would make theiradoption of the cat theft or of havingany idea of who the ‘rightful’ ownerwas. Having some clear means ofidentifying a cat as belonging to a

particular home is vital if a complaint oftheft is to be pursued.

The criminal law also covers harmcaused to a cat by a third party(somebody other than the owner). Thelaw makes it an offence to kill or injurecompanion animals (see definition atpage 5) so that if a person harmed orkilled a cat belonging to another theycould be prosecuted. Ownership of theanimal does not have to be proved asthe law recognises domestic cats asprotected animals. So, in the event ofthe death or injury of a cat caused by athird party (even where ownership ofthe animal cannot be established) theCrown Prosecution Service (CPS) mayconsider a charge of criminal damage,although there are sometimesdifficulties with having enoughevidence to prosecute these cases. In addition causing unnecessarysuffering to another’s cat is a crimeunder the Animal Welfare Act 2006 sothat animal abuse cases (eg, kicking,burning, placing cats in rubbish bins)can be prosecuted under the criminallaw.

Cat thefts and injury to cats

Rehoming

20 Cats and the Law: FAQs Cats and the Law: FAQs 21

QI am a cat breeder who sold a kittenwhich later developed feline

infectious peritonitis (FIP). Other cats inthe buyer’s home are now suspected ofhaving FIP and the buyers are attemptingto claim their vet fees from me, eventhough while the kitten may have beencoronavirus seropositive it didn’t appearto be ill at the point of sale. Am I liable(responsible) for their costs?

AIt is unlikely that the seller would beresponsible for the costs even though

the kitten was sold by a business and theSales of Goods Act 1979 would meanthere are implied conditions andwarranties. Unless specific promises orassurances were given or falsestatements made about the kitten’s healthby the seller, then the buyer of thediseased kitten accepts it ‘as it is’ thenand for the future.

However, if the seller knew about ordeliberately concealed a condition ofillness or contagion by claiming that thekitten was ‘free from disease’ then thiswould be misrepresentation. If there wasa reasonable risk that the kitten could becarrying the disease and the sellerignored this possibility this would also bea factor. Otherwise the seller has noliability although, dependent on theprecise nature of the buyer-sellerrelationship, he or she may wish toconsider whether, in the circumstances,

offering the buyer some compensation ortheir money back would be appropriate asgood customer service. It should be notedthat FIP may result from a mutation of anexisting coronavirus infection, and thatcausation is also difficult to establish.Much will depend on the individual cat(s)concerned. But if a breeder is aware thata particular line of cats is actuallydeveloping the disease (rather than justcoming up positive for a test forcoronavirus), then they should exerciseall reasonable care as the development ofthe disease may also be affected by thehusbandry and cleanliness of thepremises and this is something thatbreeders would be expected to dosomething about. It is advisable to consultThe Cat Group information sheet on FIP(www.thecatgroup.org.uk) which explainsthe difficulties with this disease.

QI am a cat breeder and have hadbuyers attempt to return cats as ‘not

of satisfactory quality or as unfit forpurpose’ when a problem was discoveredwith the cat that the buyer had not beentold about. Where do I stand with this?

AThis differs from the first question as it relates to selling a cat as being

suitable for certain circumstances whenthis is not the case. There are twoseparate issues here, namely the catbeing of satisfactory quality, and of it

being fit for a purpose which the buyermade known to the seller.

Typical issues are the breeder failing todisclose a relevant and detectableinherited problem which is well knownwithin the breed (the breeder should haveknowledge of this) and where there is atest readily available; or a breeder sellinga cat which is very fearful because it hasnot been socialised properly or exposedto everyday sounds and experience in itsearly weeks of life. This is really a sale ofgoods issue about selling a product that isnot of satisfactory quality or with aspecific defect or condition which had thebuyer known about could have altered hispurchasing decision. So, if a cat is sold assuitable as a family companion but iseither very nervous or fearfully aggressiveor has a detectable health issue thatmakes it unsuitable as a companion, thena buyer would be entitled to return the catand demand a refund in the same waythey would for other sales.

Additionally, breeders need to becareful that where a potential owneridentifies specific requirements, thenthese are considered as part of the sale.For example, selling a cat which isunsuitable to live in an indoor-onlyenvironment as suitable for an elderlyrelative who lives on the top floor of ablock of flats, invites the return of the catas ‘not fit for purpose’. Hobby breedersshould also be alert to this issue.

QI am a hobby breeder of cats buthave had some problems with the

local authority who say I am running abusiness. Where do I stand?

AWhether a cat breeder is operating abusiness, depends on the facts of

each case and how decisions of the courtsapply to the facts, rather than just applyingthe law on business licensing.

The scale of the operation may be anissue in determining whether a breeder isa hobby enthusiast or a commercialbreeder. There is also a risk thatinadvertently presenting a business as ahobby misleads consumers and avoidspet shop licensing restrictions thatsubsequently come to the attention ofTrading Standards.

First, money from the sale of catsconstitutes income which should bedeclared to the Inland Revenue for taxpurposes. Breeders earning an income ofmore than £5,885 per year (InlandRevenue’s published income threshold in2014) from the sale of cats would beclassed as self-employed and eligible topay class 2 national insurancecontributions on their ‘hobby’ income. The activities of many breeders would fallwithin the definition of 'operating in thecourse of a business', and breeders whoearn above this relatively small amountshould realise this and get tax andbusiness advice in order to avoid InlandRevenue investigations in the short termand calls for regulation of cat breeders inthe long term. Breeders operating at thislevel should also keep sale records.

In addition, consumers shouldunderstand the relationship that they areentering into and the nature of anycontractual arrangements, whetherexplicit or implied, before making theirpurchase. Non-governmentalorganisations (NGOs) have been criticalof commercial breeders misrepresentingthemselves as hobby breeders in othercontexts. For example, as part of their(2002) campaign against the reptile trade,UK-based NGO Animal Aid wrote to theInland Revenue noting that ‘many ofthose who trade animals at ‘one-dayevents’ and may make significant sums ofmoney, do not operate formal businessesbut front their trading activities as an

Questions frequently asked about cats and the lawThe following list consists of those questions currently identified as causingproblems for cat owners and breeders, either because there does not seem to bea definitive answer to the question or because the question raises an issuefalling outside the experience of the breeder or owner. Questions also relate toareas where, previously, guidance has not been available for owners andbreeders. Where several queries have been received concerning the same topicwe have combined these into single questions to deal with the main issuecausing concern.

22 Cats and the Law: FAQs Cats and the Law: FAQs 23

elaborate hobby’. Concern wasexpressed that traders may use thismechanism either to sell ‘surplus’ itemsand shift high volume, low value stock, oras a means of selling animals outside ofthe scrutiny of animal welfare, petlicensing or wildlife trade regulations. Inthe case of complaints, trading standardsand enforcers take the view that tradersare more than likely aware of the illegalityof their actions and that such methods ofsale represent a deliberate trading tactic.Breeders who are effectively running abusiness should be careful not tomisrepresent the nature of their operation.

QI run a cattery and have had a cat incare for several years which was

taken out of the cattery for a few weeksbut then returned while the owners weremoving house. The owners have paid partof their bill but still owe several thousandpounds. We have given them everyopportunity to pay, even initiallydiscounting the bill, but we are unable toget the owners to pay despite severalefforts to obtain payment. We haveseveral people who use the cattery whowould be willing to rehome the cat andwe’re now querying whether we are ableto rehome it?

AThis seemingly common questionconcerns whether animals left in a

cattery by owners, who appear not to wantthe animal returned, can be re-homed andwhat mechanisms are open to chase theowners for unpaid bills. There is an issueof ownership of the animal where anowner appears to have given-upownership.

First, the cattery has to take allreasonable steps to locate the cat'sowners and pursue the outstanding fees. Ifthe owners can be located, fees under£5,000 can generally be pursued through

the small claims court which does notrequire lawyers, just the court documentfee and submitting evidence for the court toconsider. Part of the process involvesnotifying the third party of the claim againstthem and this could include notifying theowner that, as part of the settlement of theclaim, they may wish to formally relinquishtheir ownership so that the cat can berehomed if they no longer wish to beowners and are unable or unwilling to meetthe cattery’s fees. The notification couldsuggest a time limit in which the ownermust provide some sort of undertaking inrespect of future fees otherwise courtaction will be pursued. Should the mattergo to court, even as a small claim, the courtcan be requested to look at the evidenceas to whether the owners have undertakento relinquish ownership.

If the owners cannot be located, theissue of fees cannot be resolved. It couldbe argued that the cat has beenabandoned due to a lack of responsibleownership by the cat’s owners. The AnimalWelfare Act 2006 and the Code of Practicefor Cats make mention of the personresponsible for the cat. Where the ownershave effectively defaulted on their financialobligations and the cattery has assumedcare, then the cattery has become theresponsible person. However, under thelaw, formal ownership would rest with thefirst owners for a limited period of 6 years,after which time the cat could then beowned by another.

QWho is the owner of a stray cat takento a rehoming institution by a

member of the public concerned to find itwandering the streets for days and nightson end? After having had ‘Millie’microchipped, neutered and vaccinated,the rehoming institution secured a lovinghome for Millie within 14 days. Millie’soriginal owner reappeared after 21 days

on holiday, having gone on holidayseemingly for 7 days and having leftsome food for their cat for this shorterperiod but no additional human contact.

ACats are property and so a personfinding a stray cat and feeding and

taking care of it essentially becomesresponsible for it and is also obliged totake reasonable steps to find the ownerand make them aware of the cat’slocation. However, the finder of a stray isalso its keeper and its temporary ownerunless or until the ‘proper’ ownerdemands its return.

In this example, if the rehominginstitution had taken reasonable steps totrace Millie’s owner (which would havebeen difficult given the fact that Millie wasnot originally microchipped and had nocollar) and if the organisation clearly sellscats on the terms that it owns them, thenbased on some court decisions therehoming institution may be Millie’s ownerand, entitled to rehome her.

The finder of a stray cat can become itsowner if the original owner intentionallyabandons it; for example by failing toprovide food or care as is the case in thisexample. If a cat is accidentally lost but isthen found, the owner can reclaimpossession. Lack of responsibleownership, arguably, would be a factortaken into account by the authorities andhere Millie’s original owner has effectivelyabandoned his cat and by failing to providefood or care for 21 days has causedunnecessary suffering under the AnimalWelfare Act 2006.

Nevertheless, legally ownership wouldremain with the original owner for a term of6 years. It is recommended good practiceand a sign of responsible ownership tomicrochip a cat, which would help toprevent this situation arising, althoughwould not be proof of ownership.

QWhen a person lives next door to anaggressive cat, who is liable for any

aggressive cat attacks and what optionsdoes a person have when they aresuffering from cat attacks and aggressivebehaviour that either cause stress andharm to neighbouring cats or, in extremecases, where the aggressive catscratches humans or causes propertydamage?

AThis question has been raised inrelation to what seems to be the

systematic behaviour of some Bengalcats that attack other cats, sometimeseven entering into the neighbour’s hometo do so. But it also applies to otherterritorial cats that are unusuallydefensively aggressive towards other catsin the area.

Extreme cat behaviour could be dealtwith as nuisance behaviour, although forsimple keeping of animals to be classedas a nuisance some ‘extraordinary, non-natural or unreasonable action’ isrequired. As mentioned earlier in thisguide the law specifies nuisance as being‘the unacceptable interference with thepersonal comfort or amenity ofneighbours or the nearby community’. Acivil trespass action would be unlikely tosucceed for cats entering into propertyand causing damage, but abnormallyaggressive cat behaviour that results inproperty damage (including damage tothe resident cat) or harm to children couldbe the subject of enforcement action. Thelocal authority could serve an abatementnotice forcing the owners to take steps toprevent the nuisance being caused bytheir cat. Failure to comply with this noticeis a criminal offence.

There would also be the potential totake legal action for negligence againstthe cat’s owner, who owes a duty of careto his neighbour not to cause harm which

24 Cats and the Law: FAQs Cats and the Law: useful addresses 25

is foreseeable. This applies to any harmwhich the owner knew or ought to haveknown his cat would be likely to cause.

Additionally, if the owner knew that hiscat was inclined to cause damage andhad done so in the past then potentiallyhe is responsible for the cat’s damagewhether or not it could be predicted inthese circumstances. It would beadvisable, therefore, to inform the ownerof an abnormally aggressive cat as thelaw, in this instance, requires priorknowledge on the part of the cat owner.

(Separate from the legal issues andsubject to appropriate cover being in place,there may also be potential to pursue aclaim against a cat owner via their catinsurance. The parties involved wouldneed to seek advice on this possibility.)

QWho is liable for road traffic accidentscaused by cats? For example, if a

driver is forced to swerve his car to avoid acat, does the cat owner have any liabilityfor the accident and any damage caused?

AThis is a potentially complex questionwhich rests on a) whether an owner is

responsible for the actions of his cat tothe extent that he is responsible for thedamage that happens in an accidentcaused by his cat; and b) whether the catowner has a duty of care to road usersand whether there was a breach of thatduty. While in theory you could argue, forexample, that a cat owner who is awarethat his cat may run over or cross theroad, thus presenting a danger tomotorists, is liable for the accident if hefails to act to prevent such action, inpractice it’s unlikely that cat owners havethis level of duty of care. Generally wherea person has a duty of care they are onlyrequired to take such steps as arereasonable in all the circumstances, andcats are exempt from trespass rules.

Although a cat owner who knows his catroutinely runs across the road and doesnothing to prevent it potentially owes aduty of care where there is a likelihood ofan accident being caused (eg, busy street,road near a school with high traffic), thisdoes not impose an obligation or liabilityon all cat owners. It should be added thatthe Animal Welfare Act 2006 provides anincreased obligation to understand theneeds and behaviours of the individual catand to consider the interior and exteriorenvironment. A greater number of catowners living in busy urban streets shouldnow heed the requirements under theCode to consider the behaviour of theindividual cat, which would also requireconsidering the implications of keeping acat indoors all the time.

Generally, a cat owner would not beresponsible for damages in road trafficaccidents caused by their cat.

QWe are fed up with cats coming intoour garden. We have tried shouting

at them and now want to try some form ofproper cat repellent. Are these legal?

AGenerally, legally marketed catrepellents which do not harm the cat,

such as sonic repellents or those basedon an odour unpleasant to cats, can beused. However, the use of barbed wire,bait laced foods or other poisonouschemicals that will induce vomiting orotherwise harm a cat must not be used.Using any of these products which harmor cause sickness in a cat wouldpotentially result in unnecessary sufferingbeing caused to cats which would be ananimal welfare criminal offence. There isalso a specific criminal offence ofadministering poison.

Association of Lawyers for AnimalWelfare (ALAW)PO Box 67933London NW1 8RBUK

Website www.alaw.org.uk

ALAW is a charity which brings togetherlawyers and legal academics with aninterest and experience in animalprotection law. ALAW members provideadvisory services and research oneffective implementation of animalprotection law and developing a betterlegal framework for the protection ofanimals. ALAW also campaigns for betteranimal protection law and publishes theJournal of Animal Welfare Law, a legaljournal dedicated to animal welfare topics.

Battersea Dogs and Cats Home 4 Battersea Park RoadLondon SW8 4AAUK

Website  www.battersea.org.uk

Battersea Dogs and Cats Home is arescue and rehoming centre for dogs andcats which have been abandoned. Theanimal welfare organisation also reuniteslost dogs and cats with their ownersthrough its Lost Dogs and Cats Line orcares for them until new homes can befound.

Blue CrossShilton RoadBurfordOXON OX18 4PFUK

Website  www.bluecross.org.uk

The Blue Cross is an animal welfarecharity which finds homes for unwantedcats, dogs, small pets and horses acrossthe UK. The Blue Cross also has animalhospitals, an animal adoption service andan animal education service.

British Small Animal VeterinaryAssociation (BSAVA)Woodrow House, 1 Telford WayWaterwells Business ParkQuedgeleyGloucester GL2 2ABUK

Website  www.bsava.com

The BSAVA is a professional body whichserves veterinary surgeons who treatcompanion animals. It does not deal withenquiries from members of the generalpublic but publishes extensively onveterinary medicine and organisesprofessional training for its memberveterinary surgeons.

Useful addresses

A number of organisations are actively involved in cat welfare and the followinglist identifies some of the main organisations of likely interest to cat owners andre-homing organisations.

Cats and the Law: useful addresses 27

Cats Protection National Cat CentreChelwood GateHaywards HeathSussex RH17 7TTUK

Website  www.cats.org.uk

Cats Protection is a feline welfare charitywith a network of over 260 volunteer-runbranches, 29 adoption centres and onehoming centre. The charity provides ahoming service, a neutering service andpublishes information to improve people’sunderstanding of cats and their care.

Department for the Environment Foodand Rural Affairs (DEFRA)Nobel House17 Smith SquareLondon SW1P 3JRUK

Website  www.defra.gov.uk

DEFRA is the UK government departmentwith responsibility for environmentalissues, including: animal welfare, climatechange, wildlife crime, sustainabledevelopment and rural communities.DEFRA published the Code of Practice onthe Welfare of Cats and has responsibilityfor Government policy on animal welfare.DEFRA is also responsible for thePartnership for Action on Wildlife Crime(PAW), the body that co-ordinates UKwildlife crime policy via a partnershipbetween government and NGOS.

Governing Council of the Cat Fancy(GCCF)5 King’s Castle Business ParkThe Drove, BridgewaterSomerset TA6 4AGUK

Website  www.gccfcats.org

The GCCF is the governing body of theCat Fancy in the UK and premierregistration body for pedigree cats.

International Cat Care (iCatCare)High StreetTisburyWiltshire SP3 6LDUK

Website  www.icatcare.org

International Cat Care is the only charitythat deals with all aspects of cat healthand welfare internationally. It has workedfor over 50 years to raise the standard oftreatment and care provided to cats byvets, breeders, boarding catteryproprietors, rescue facilities and ownersby providing the best possible practicalsolutions for improving the welfare ofunowned cats.

People’s Dispensary for Sick Animals(PDSA)Whitechapel Way, Priorslee Telford Shropshire TF2 9PQUK

Website  www.pdsa.org.uk

The PDSA is a veterinary charityproviding veterinary care services and pethealth advice.

The Mayhew Animal HomeTrenmar GardensKensal GreenLondon NW10 6BJUK

Website  www.themayhew.com

The Mayhew Animal Home is a rescueand rehoming centre based in London. Italso delivers a number of communitybased outreach programmes includingTNR, education and collaboration withother organisations.

The Royal Society for the Preventionof Cruelty to Animals (RSPCA)Wilberforce WaySouthwater HorshamWest Sussex RH13 9RSUK

Website  www.rspca.org.uk

A UK-based charity that works to preventcruelty to, the causing of unnecessarysuffering to and the neglect of animals inEngland and Wales. A uniformedInspectorate investigates cruelty offences,while a plain-clothes and undercover unitcalled the Special Operations Unit (SOU)deals with more serious offences and low-level organised animal crime.

The Scottish Society for thePrevention of Cruelty to Animals(SSPCA)Kingseat RoadHalbeathDunfermline KY11 8RYUK

Website  www.scottishspca.org

The Scottish counterpart to the RSPCA,the SSPCA works to prevent cruelty to,the causing of unnecessary suffering to,and the neglect of, animals in Scotland.

Wood Green – the Animals CharityKing’s Bush FarmLondon RoadGodmanchesterCambridgeshire PE29 2NHUK

Website  www.woodgreen.org.uk

Wood Green is an animal welfare charityproviding animal rehoming, veterinary andanimal welfare advice services.

26 Cats and the Law: useful addresses

Picture creditsCover  iStock/GlobalPPages 4, 6, 9, 17  International Cat CarePage 10  Brendon KowalskiPage 11  iStock/bedoPage 13  iStock/Adrian HillmanPage 15  Simone CheneyPage 16  iStock/FirinaPage 18  iStock/4ehov

The full Research Report on Cats andthe Law is available at both theUniversity of Lincoln and MiddlesexUniversity Research Repositories andcan be accessed via each author’sname and respective University. Thisdocument contains legal concepts andan in-depth analysis of the law.

Published byInternational Cat Care

on behalf of The Cat Group©2014