9
Middlesex University Research Repository An open access repository of Middlesex University research Nurse, Angus and Ryland, Diane (2014) Cats and the law: evolving protection for cats and owners. Journal of Animal Welfare Law . pp. 1-6. Published version (with publisher’s formatting) This version is available at: Copyright: Middlesex University Research Repository makes the University’s research available electronically. Copyright and moral rights to this work are retained by the author and/or other copyright owners unless otherwise stated. The work is supplied on the understanding that any use for commercial gain is strictly forbidden. A copy may be downloaded for personal, non-commercial, research or study without prior permission and without charge. Works, including theses and research projects, may not be reproduced in any format or medium, or extensive quotations taken from them, or their content changed in any way, without first obtaining permission in writing from the copyright holder(s). They may not be sold or exploited commercially in any format or medium without the prior written permission of the copyright holder(s). Full bibliographic details must be given when referring to, or quoting from full items including the author’s name, the title of the work, publication details where relevant (place, publisher, date), pag- ination, and for theses or dissertations the awarding institution, the degree type awarded, and the date of the award. If you believe that any material held in the repository infringes copyright law, please contact the Repository Team at Middlesex University via the following email address: [email protected] The item will be removed from the repository while any claim is being investigated. See also repository copyright: re-use policy:

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Page 1: Middlesex University Research Repositoryeprints.mdx.ac.uk/14655/1/anurse&dryland(1).pdf · Farmageddon: the true cost of cheap meat. Whether or not to include book reviews in the

Middlesex University Research RepositoryAn open access repository of

Middlesex University research

http://eprints.mdx.ac.uk

Nurse, Angus and Ryland, Diane (2014) Cats and the law: evolving protection for cats andowners. Journal of Animal Welfare Law . pp. 1-6.

Published version (with publisher’s formatting)

This version is available at: http://eprints.mdx.ac.uk/14655/

Copyright:

Middlesex University Research Repository makes the University’s research available electronically.

Copyright and moral rights to this work are retained by the author and/or other copyright ownersunless otherwise stated. The work is supplied on the understanding that any use for commercial gainis strictly forbidden. A copy may be downloaded for personal, non-commercial, research or studywithout prior permission and without charge.

Works, including theses and research projects, may not be reproduced in any format or medium, orextensive quotations taken from them, or their content changed in any way, without first obtainingpermission in writing from the copyright holder(s). They may not be sold or exploited commercially inany format or medium without the prior written permission of the copyright holder(s).

Full bibliographic details must be given when referring to, or quoting from full items including theauthor’s name, the title of the work, publication details where relevant (place, publisher, date), pag-ination, and for theses or dissertations the awarding institution, the degree type awarded, and thedate of the award.

If you believe that any material held in the repository infringes copyright law, please contact theRepository Team at Middlesex University via the following email address:

[email protected]

The item will be removed from the repository while any claim is being investigated.

See also repository copyright: re-use policy: http://eprints.mdx.ac.uk/policies.html#copy

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inside this edition:

Cats and the Law: EvolvingProtection for Cats and Owners

Case Reports, Updates andother Materials

Domestic Violence: The Impacton Pets

JournalThe Association of Lawyers for Animal WelfareDecember 2014

of Animal Welfare Law

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Contents

A note from ALAW

1-6 Cats and the Law: Evolving Protection for Cats and Owners

7-11 Case Reports, Updates and Other Materials

12-13 Domestic Violence: The Impact on Pets

A note from ALAWSharp-eyed readers will have observedthat this edition carries the month ofpublication, which will continue fromnow on. It makes it easier to cross-matchthe journal edition to year of publication.

Angus Nurse and Diana Ryland examinethe Animal Welfare Act 2006, and itsimplications for companion animals,with reference to cats. Included in ourusual section on Case reports, updatesand other materials is a book review ofFarmageddon: the true cost of cheapmeat. Whether or not to include bookreviews in the journal has long been atopic of debate within ALAW; now nolonger I am happy to report, and I hopeyou enjoy the review by AlexanderConrad Culley.

Continuing on a farming theme, I urgereaders to download Animal Aid’s report – The Unaccounted Dead, whichprovides a harrowing account of farmanimals who die before slaughter fromneglect, fires on farms, road accidents onthe way to slaughter and other factors(details given p.10). Farm animal welfaredemands a response from each and everyone of us and books such asFarmageddon and the report fromAnimal Aid help us to formulate whataction we need to take in the light of thepitiless reality of farming.

Christina Warner considers the impact of domestic violence on its overlookedvictims – pets or companion animals.Practising lawyers working with survivors of domestic abuse will find this article invaluable as it gives practicaladvice on helping to keep petanimals/companions safe.

ALAW wishes all its members andsympathisers every best wish for thecoming year and to thank you for yourcontinuing support.

Jill WilliamsEditor

Address: ALAW, c/o Clair Matthews, Monckton Chambers,1&2 Raymond Buildings, Grays Inn, London, WC1R 5NR

Email: [email protected]

Website: www.alaw.org.uk

Directors: Alan Bates, Jeremy Chipperfield Simon Cox, Paula Sparks, Christina Warner, Jill Williams

Editor: Jill Williams

The Association of Lawyers for Animal Welfare (ALAW)would like to thank Compassion in World Farming Trustfor its generous support of this Journal.

The views expressed in this Journal are those of the authorsand do not necessarily represent those of ALAW.

Registered Office ALAW, Emstrey House (North), Shrewsbury Business Park, Shrewsbury,Shropshire, SY2 6LG. A company limited by guarantee (No 5307802 - England).Registered Charity 113462

The Association of Lawyers for Animal Welfare

ALAW Journal December 2014_Layout 1 17/12/2014 15:14 Page 2

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1

Conducting an analysis ofthe practical impact of theAnimal Welfare Act 2006on companion animal

owners and their companionsidentifies the true significance of theAct as creating a 21st Centuryconception of animal welfare basedon the needs of animals. In somerespects, the Act challenges thehistorical notion of companionanimals as merely being propertysubject to human interests and devoid

of any perception of their havingrights.3 Instead it arguably providesfor a form of rights by requiringconsideration of the specific needs ofindividual companion animals. TheUK Animal Welfare Acts4 are part ofthe criminal law and impose a dutyto ensure welfare; thus an importantpart of the Acts is the requirementfor a ‘responsible person’ to ensurethat a cat’s needs are met. The Actsextend beyond historical notions ofownership, animals as property andpreventing cruelty whether by act oromission to provide for a positiveobligation to ensure animal welfare.The practical implications of thiswere the focus of the research workcommissioned by the former FelineAdvisory Bureau, now InternationalCat Care (iCatCare) on behalf of theCat Group5 on which this article isbased.

While the legal status of cats is, inprinciple, well established under

common law as they are personalproperty, problems can occur becausecats exist in a range of states e.g. feral,semi-feral, domesticated and stray.Some grey areas exist in relation toanimal welfare legislation and inrespect of the liabilities of cat owners.There has been little or no attentionpaid by legal researchers to addressingthe legal status of cats except withinthe context of animal welfareoffences, albeit some prior researchexists into offences involving wildcats6 and whether animals (includingcats) can be said to have legal rights.7

Our research considers rights theorynot just in relation to enforcement ofanimal welfare law but also within thecontext of other legislative, policy andethical considerations relating toanimal ownership and welfare. Inparticular, we examined how bothdomestic and wild cats are subject todifferent protection under the law andthe different liabilities imposed onhumans when dealing with cats.

Cats and the Law: EvolvingProtection for Cats and Owners

Dr Angus Nurse, Middlesex University1

and Diane Ryland, University of Lincoln2

1 Email – [email protected] 2 Email – [email protected] 3 Singer, P. (1975 [1995]) Animal Liberation,

London: Pimlico4 There 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 three Animal WelfareActs have similar aims of preventing harm andpromoting animal welfare although there are somedifferences in the respective Acts. The main focus ofthis article is the Animal Welfare Act 2006 and itsapplication in England and Wales

5 The Cat Group brings together a range oforganisations dedicated to improving feline welfarepolicy and practice. Its membership consists of itsfounder International Cat Care, Battersea Dogs andCats Home, Blue Cross, Royal Society for thePrevention of Cruelty to Animals (RSPCA), BritishSmall Animal Veterinary Association (BSAVA), theGoverning Council of the Cat Fancy (GCCF), CatsProtection, People's Dispensary for Sick Animals(PDSA) and Wood Green Animal Shelters.

6 See, for example Lowther, J. Cook, D. and Roberts, M.(2002) Crime and Punishment in the Wildlife Trade,Regional Research Institute, University ofWolverhampton, Nurse, A (2003) The Nature of

Wildlife and Conservation Crime in the UK and itsPublic Response, Working Paper No 9: Faculty of Lawand Social Sciences, Birmingham: UCE, and Nurse, A.(2008) Policing Wildlife: Perspectives on Criminalityand Criminal Justice Policy on Wildlife Crime in theUK, Birmingham: Birmingham City University(unpublished doctoral thesis).

7 See for example Cass R. Sunstein, The Rights ofAnimals, The University of Chicago Law Review, Vol.70, No. 1, Centennial Tribute Essays (Winter, 2003),pp. 387-401 and Wise, S. (2000) Rattling the Cage:Towards Legal Rights for Animals, London: ProfileBooks.

There has been littleor no attention paid by

legal researchers toaddressing the legal

status of cats

“ “

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slaves, servants, and even wives aspossessions. While some animalwelfare and anti-cruelty laws aredesigned to protect humaninvestment in property, Broom arguesthat the view of domestic and otheranimals as sentient beings thatdeserved respect is a natural socialprogression ‘in the wake of a similardeveloping view that persons ofother nations, creeds, or colours andwomen had such qualities.’13

Francione argues that animals’ statusas the property of humans dictatesthat laws which should require theirhumane treatment and preventunnecessary suffering fail to provideany significant protection for animalinterests. In reality, animals onlyreceive protection commensuratewith their value as human propertyor commodities. Francione arguesthat economic, legal and socialfactors prohibit recognition ofanimal interests unless a humaninterest also exists.14

Whether ownership of a cat can besaid to exist, depends in part uponthe status of the cat and whether it

the subject of absolute property orownership.10 However, the issue ofwhether a person can be said to owna cat lends itself to both theoreticaland legal debate and potentiallycauses problems for cat owners, notleast because cats can move from ahuman dependent state to occupyseveral ill-defined states such as stray,wild, feral or companion all of whichmay defy conventional notions ofownership.11 However, from theoutset we identify that the legalstatus of cats under the UK AnimalWelfare Acts is that of protectedanimals and that the law generallyconsiders cats to be ‘owned’ or caredfor by a ‘responsible’ person;somebody who has accepted someform of obligation to look after a cateven if that only means putting outfood. UK animal welfare legislationapplies not just to cats which areclearly linked to a single propertyand an identifiable owner, but also tothose stray and feral cats for which aperson may accept someresponsibility to provide a certainlevel of care and comfort.Attempting to claim ownership ofanother’s cat may also involveproperty rights. The protectionprovided under the law extends toboth domestic and feral cats as‘being of a kind which is commonlydomesticated in the British Islands’.The law thus extends beyondproviding protection solely tocompanion animals.

Broom12 compares the treatment ofanimals as property in most earlylegal systems to the treatment of

UK animal law is often complex anddifficult for the layperson tounderstand not only because of thelanguage used but also the need tounderstand how laws are interpretedin practice. iCatCare identified thatcat owners may face a number oflegal questions where either theredoes not seem to be a definitiveanswer or where identifying theanswer is problematic and time-consuming. Our project aimed toaddress this by examining the mostfrequently asked questions about catsand their legal status. Our researchexamined questions concerning: thesale of cats and both buyer and sellerrights; ownership of abandoned orstray cats; liability for aggressive cats;trespass and nuisance issues; whatactions can lawfully be taken toprevent cats from enteringsomebody’s garden; the criminal law8

inclusive of responsibility for thewelfare of a cat and cruelty offences.The research has resulted in adetailed research report as well as aplain English guide which hopefullywill serve as a simple referenceguide.9 The focus of this article is theduty to ensure welfare and itsapplication to cats.

The Legal Status of CatsThe common law position oncompanion animals is that they arepersonal property or chattels and are

2 · Journal of Animal Welfare Law · December 2014

8 Taking a cat from its owner is likely to be theft; i.e.removal of another’s property (Theft Act 1968); killinga cat, the property of another, criminal damage(Criminal Damage Act 1971).

9 Cats and the Law a Plain English Guide by AngusNurse and Diane Ryland is available for freedownload at: www.thecatgroup.org.uk

10See Blackstones Commentaries (Eighth ed. Vol. II. At387) which specifies that property rights in domestic

animals are the same as property rights in inanimateobjects but no such property rights can exist with wildanimals. It is worth noting that kittens belong to theowner of the mother cat.

11Farnworth, M. J., Nicholson, G. and Keown, N. (2010)The Legal Status of Cats in New Zealand: APerspective on the Welfare of Companion, Stray, andFeral Domestic Cats (Felis catus), Journal of AppliedAnimal Welfare Science, Volume 13 pp 180-188.

12In Radford, M. (2001) Animal Welfare Law in Britain,Oxford: Oxford University Press.

13Ibid. See also Wise, S. M. (2000) Rattling the Cage:Towards legal rights for animals, London: Profile, inwhich Steven Wise argues strongly that legal rights foranimals is a natural progression of human evolution,societal development and enlightened thinking.

14Francione GL, (2007) Animals, Property and the Law,Philadelphia, Temple University Press.

“ “

the issue of whether aperson can be said to

own a cat lends itself toboth theoretical and

legal debate

cats are considered tobe less domesticated

than other animals andare able to revert to a

semi-wild state by goingferal

“ “

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lives within human control orsupport or is simply a visitor to ahuman home. Domestic cats arethose companion animals that areprimarily domesticated and rely onhumans for food, but behaviourallycats are considered to be lessdomesticated than other animals andare able to revert to a semi-wild stateby going feral. As shorthand; ‘owner’can be used to describe a person whohas legal ownership of a cat whichcan involve providing food for the cator a place within their home orgarden which the cat frequents. Inthe case of stray or feral cats this mayinclude regularly making foodavailable to the cat so that itfrequently returns to the human forfood and is in that person’s‘possession’ even if only temporarily.‘Responsible person’ describes aperson who accepts responsibility fora cat and its welfare even if they arenot the owner. This could includefriends who house sit for a cat. Theseterms are important because of theway that the law imposes differentobligations on owners andresponsible persons. However the keyissue is the duty to consider welfarewhich is the main focus of thisarticle; our contention being that thisis a significant shift in the law.

The Animal Welfare Acts and theDuty of WelfareThe UK Animal Welfare Acts imposea duty to ensure cat welfare,requiring owners or thoseresponsible15 for animals to ensuretheir welfare and to provide for eachof their animal’s basic needs, whichincludes: providing adequate foodand water; veterinary treatment; and

an appropriate environment in whichto live. The duty to ensure welfarehad previously only existed for farmanimals, although the Protection ofAnimals Act 1911 (as subsequentlyamended) contained the offence ofcausing unnecessary suffering to ananimal. The standard of carerequired is set out in DEFRA’s Codeof Practice for the Welfare of Cats.

It is important to note that theAnimal Welfare Act 2006 is part ofthe criminal law. It retains theoffence of causing unnecessarysuffering from previous legislationbut considerably refines its scope toincorporate both the active andpassive nature of an offence.Unnecessary suffering can thus becaused either by taking action whichcauses unnecessary suffering or byfailing to take appropriate steps toprevent unnecessary suffering.Inflicting pain, which may occur forexample in cruelty cases, is not initself sufficient to constituteunnecessary suffering even whereextreme pain is caused, as the painmay be caused for beneficial reasonssuch as in surgery to alleviate theharm caused to a cat, or othermedical treatment. It becomesnecessary, therefore, to distinguishbetween necessary suffering causedto a cat and unnecessary suffering. Inmaking this distinction the courtsare able to take into account anumber of factors such as whetherthe suffering could have been avoidedor whether it was incidental to alegitimate purpose. Factors to beconsidered include whether thesuffering could have been reduced,was carried out in compliance with

legislation, the conditions of alicence or a code of practice issuedon a statutory basis.16 The courtsmight also consider the purpose ofthe conduct, the proportionality ofthe suffering, and whether theconduct that caused the suffering wasthat of a reasonably competent andhumane person.

The concept of unnecessary sufferingis wide in scope and includes mentalas well as physical suffering. Thus itis an offence unnecessarily toinfuriate or terrify a protected animalin addition to, or instead of, causingphysical pain. While, for example, apolice horse on riot control dutymight suffer mental pain this isarguably ‘necessary’ for it to fulfil itslegitimate purpose of protectingpeople or property. However, a catwhich is tortured, before beinghumanely euthanised, has hadunnecessary suffering inflicted on it,and it is an offence for any person tocause unnecessary (physical ormental) suffering to a protectedanimal where the person committingthe act knew or ought reasonably tohave known, that the act wouldcause, or would be likely to cause,

3

15Section 3 of the Animal Welfare Act 2006 defines‘responsible person’ and provides:1) In this Act , references to a person responsible are

to a person responsible for an animal whether on a permanent or temporary basis.

2) In this Act, references to being responsible for an animal include being in charge of it.

3) For the purposes of this Act, a person who owns an animal shall always be regarded as being a person who is responsible for it.

4) For the purposes of this Act, a person shall be treated as responsible for any animal for which a person under the age of 16 years of whom he has actual care and control is responsible.

16The Animal Welfare Act 2006 does not apply toanything lawfully done under the Animals (ScientificProcedures) Act 1986.

“ “

it is an offence for anyperson to cause

unnecessary (physicalor mental) suffering to

a protected animal

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suffering. In addition, where a personis responsible for an animal, hewould commit an offence ifunnecessary suffering was caused tothe animal by his failing to take someaction, where he knew or oughtreasonably to have known that theomission would cause, or would belikely to cause, suffering. It is notnecessary to show that the personactually knew that his act oromission would cause suffering, butonly that he ought to have known.

Current law is thus arguably positiveand proactive rather than negative byrequiring cat owners to do more thansimply provide a home for their catand refrain from cruel practices. Thelaw now requires owners and otherpersons responsible for a cat toconsider both the interior andexterior environment of their homeand to ensure so far as is possible,that it is suitable for the individualcat. Where they fail to do so, theymay commit an offence under theAnimal Welfare Act 2006 whichcontains provisions aimed atpreventing harm before it occurs aswell as provisions aimed atpromoting welfare. In our researchreport we contend that this is animportant change in the law ofimportance to cat owners who arenow responsible for ensuring thattheir cat’s needs are properlyconsidered in a way that effectivelygives cats’ legal protection frombeing kept in unsuitable conditions.While cats technically remain‘property’ as outlined earlier in thisarticle, the law now requires theirindividual needs to be considered andso anybody wishing to be a catowner and share their home with a

feline companions needs to have anawareness of their companion’sindividual characteristics.

The DEFRA Code of Practice isissued under Section 14 of theAnimal Welfare Act 2006 and appliesto all protected cats. The Act requiresthat all reasonable steps must betaken to ensure that the cat’sfollowing needs are provided for: a) its need for a suitable

environment;b) its need for a suitable diet;c) its need to be able to exhibit

normal behaviour patterns;d) any need it has to be housed with,

or apart from, other animals; ande) its need to be protected from pain,

suffering, injury or disease.

The Code of Practice can be takeninto account by the courts whenconsidering whether there has been abreach of the duty to provideappropriate welfare standards for acompanion and so is of relevance tocriminal enforcement of animalwelfare standards under the 2006Act. Because of the focus on theindividual cat, it is fair to say thatowners need some understanding ofhow their cats behave when fit,healthy and happy so that they canidentify any problems. The law alsoarguably prohibits a ‘standard’approach to cat care and insteadrequires one focused on the specificcompanion. In our Plain EnglishGuide we have sought to cover the

main responsibilities that ownersnow have and to outline the keyrequirements of the Code someaspects of which are explored furtherbelow.

Suitable EnvironmentThe Code recognises the territorialnature of cats and that althoughclassed as companions; domestic catswill spend significant periods of timeoutside. As a result, while owners arerequired to provide their cat with a‘safe, comfortable, dry, draught-free,clean and quiet place’ where it canrest undisturbed17 they are alsorequired to take ‘reasonable steps’ toprotect a cat from hazards indoorsand outdoors. While ‘reasonablesteps’ is not explicitly defined in theCode there is also specific referenceto making sure that a cat hasconstant access to safe hiding places,where it can escape if it feels afraid.As a result, 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 taken steps appropriate both tothe cat and the specificaccommodation that will so far as ispossible minimise any possible harmto the cat from indoor and outdoorhazards.

DietThe Code requires that the dietaryneeds of cats should be met,specifying the need to ensure thatcats do not become underweight oroverweight. Despite concerns that theprovisions may be onerous18 this isconsistent with the Act’s generalrequirement to prevent unnecessary

4 · Journal of Animal Welfare Law · December 2014

17Section 1, DEFRA Code of Practice for the Welfareof Cats.

18Derbyshire, D. (2008) Barking mad: Owners of obesedogs and fat cats could face jail under controversialnew rules, Daily Mail, Online version 05 November

2008. Available at: http://www.dailymail.co.uk/news/article-1083010/Barking-mad-Owners-obese-dogs-fat-cats-face-jail-controversial-new-rules.html#ixzz1ZFpkoAtc

it is fair to say thatowners need some

understanding of howtheir cats behave whenfit, healthy and happy

“ “

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5

suffering whether physical or mentaland to ensure that good standards ofanimal welfare are maintained.However, this aspect of the Codeeffectively lays down minimumstandards that owners need tocomply with. Not only therequirement to provide fresh drinkingwater at all times and to provide abalanced diet suitable for a cat’sindividual needs, but also to monitorthe amount that the cat eats ordrinks and to seek advice concerningthe cat’s diet as required. The Codespecifically refers to the specialdietary requirements of certain cats(including cats that are ill) and theseprovisions when combined with theAct’s obligation to provide adequatestandards of animal welfare imposean active obligation on ownersregarding their cat’s dietary needs,explicitly linking dietary health andwelfare.

Normal BehaviourThe Code reflects the fact that catbehaviour varies according to a cat’sage, personality and pastexperiences.19 As outlined elsewherein this article, unnecessary sufferingcan be caused either by taking actionwhich causes unnecessary sufferingor by failing to take appropriate stepsto prevent unnecessary suffering.

Section 3 of the Code thus stipulatesthat cats are provided with enough‘mental, social and physicalstimulation’ to meet the individualneeds of a cat. The reference toindividual needs signifies that‘standard’ or minimum standards arenot enough and that the owner of anextremely active cat may need tomake additional provision to ensurethat this requirement is met. Whilethe Code requires that a cat isprovided with somewhere to scratch,for example a sturdy scratching post,an active cat with a wide territorymay require additional stimulationsuch that a single indoor post is notenough. The Code is explicit inspecifying that owners should knowhow their cat behaves when fit,healthy and happy, by implicationimposing an obligation on owners tobe aware of and monitor their cat’sbehaviour and notice any changes init. Failure to do so could be a breachof the Code and result inunnecessary suffering caused by afailure to take action.

HousingSection 4 of the Code places anobligation on owners to make surethat their cat has appropriatecompany. In keeping with otherprovisions 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 sufferif it cannot avoid other cats it doesnot like’ 20 indicating that failure toprovide appropriate housing freefrom interaction with other animalscould constitute unnecessarysuffering. However the Code alsoindicates that owners should provideregular contact with people even

when they are away, for cats that likepeople.

Section 4 of the Code provides thatowners must appropriately considerthe socialisation needs of aparticular cat to the extent wherethey should either avoid having asecond cat or other companionanimal (e.g. a dog) if doing so wouldnegatively impact on their cat, orthat should they have another animalthey take appropriate steps bothgradually to introduce the newanimal into the home environment orto take additional steps to minimisecontact between animals that do notlike each other. This includesproviding extra resources (toys, beds,litter trays and hiding places) toallow cats to get away from eachother and also to ensure that theycan access everything they needwithout having to pass one anothertoo closely. This guidance means thatcat owners need to carefully consider,on the basis of an individual cat’sneeds, any decision to have morethan one cat or any other animal.Failure to do so could result in thecausing of unnecessary suffering eventhough this is done unintentionally.

Caring for cats in hot weather and onbonfire night warrants additional

19Section 1, DEFRA Code of Practice for the Welfareof Cats.

“ “

failure to provideappropriate housing free

from interaction withother animals could

constitute unnecessarysuffering

an active cat with a wideterritory may requireadditional stimulation

such that a single indoorpost is not enough

“ “

20Section 5, DEFRA Code of Practice for the Welfareof Cats.

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6 · Journal of Animal Welfare Law · December 2014

welfare guidance in light of the legalduty of responsibility under theAnimal Welfare Act 2006. Thoseresponsible for the welfare of catsmust take account of the additionalguidance and advice obtainable fromDEFRA and which is available on itswebsite, 21 in order to discharge theirlegal responsibilities to their cats.

Protection from PainThe Code also places an enhancedobligation on owners to monitortheir cats for signs of injury or illnessand to ensure that somebody elsedoes this when the owner is away.While most cat owners will naturallykeep an eye on their animal’s health,the Code places an explicit, activeobligation on owners to do so and toseek veterinary (or otherappropriate) advice as soon aspossible in the event of injury orillness.

A New Conception of Animal WelfareThe law’s focus on the individualcompanion requires owners (andother responsible persons) to take aproactive role in understanding theircompanion’s behaviour and needs,thus developing an awareness of theadditional obligations this may placeon the owner under UK law. WhileDEFRA’s Code of Practice on theWelfare of Cats holds ‘advisory’status rather than itself beingenforceable, we argue that the Code’sguidance combined with the AnimalWelfare Act’s provisions changes thedynamics of liability such that actionmight be taken under the AnimalWelfare Act 2006, allowing courts toconsider a failure to provide thenecessary cat-friendly environmentrequired by the Act (in accordancewith the Code), as opposed to

considering, for example complaintsunder the specific nuisancerequirements of the EnvironmentalProtection Act 1990. Put another way,the scope of the action that might betaken against cat owners is widenedso that they need to consider theenvironment in which their cats arekept and any potential negativeconsequences of that environment ontheir cat’s health and wellbeing,including the impact of this onneighbours.

Several times in this article we referto considering the needs of theindividual cat. This is a central focusof the Animal Welfare Act 2006which is aimed at responsible animalownership requiring those whochoose to have companion animals totake a proactive role inunderstanding their companion’sbehaviour and needs. While it may atfirst glance appear complex, much ofwhat is contained within the law islikely to reflect the responsiblepractices that conscientious catowners have already adopted andwould wish to see in respect ofprotecting their companions fromharm.22

“ “

the Code’s guidancecombined with the

Animal Welfare Act’sprovisions changes the

dynamics of liability

21www.defra.gov.uk/news/2011/06/03/pets-hot-weather/ ;http://archive.defra.gov.uk/foodfarm/farmanimal/welfare/documents/fireworks.pdf

22The full Research Report on Cats and the Law by DrAngus Nurse and Diane Ryland is available online atboth the University of Lincoln and Middlesex

University Research Repositories and can be accessedvia each author’s name and respective University.

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