Part of the 1948 National act:-
Pets
Your duties and rights as a pet owner
Pet owners and their responsibilities
Under the Protection of Animals Act 1911, owners have a legal responsibility to care for their animals and to make sure they do not suffer unnecessarily. It is an offence to be cruel to the animal, or to abandon it, if it is likely to cause the animal unnecessary suffering.
Pet owners are also responsible for any damage their animal causes if they knew (or should have known) it was likely to cause such damage or if their animal is defined as dangerous. (In law, dangerous animals are those which are not domesticated in this country and might be expected to have dangerous characteristics, for example, a monkey or snake.) Most household insurance policies cover the holder against damage to a third party by their pet, if the existence of the pet has been notified to the insurers.
Duties of dog owners
Under the Control of Dogs Order 1992, anyone owning a dog must make sure it wears a collar, with the name and address of its owner, when it is in a public place. Most areas have local bylaws making it an offence to allow a dog to foul the footpath.
Dangerous dogs
It is also an offence under the Dangerous Dogs Act 1991 to allow a dog to be dangerously out of control in a public place. The owner or person in charge of a dog which injures someone can be fined or imprisoned for up to six months. The court can also have the dog destroyed and disqualify the owner from keeping a dog in the future. A farmer is allowed to shoot a dog that is not under anyone's control and is worrying livestock on her or his land.
Guard dogs
Under the Guard Dog Act 1975, guard dogs should be under the control of a handler or else tied up and not be able to roam freely. A warning notice should also be displayed. The Act does not apply to private houses or farmland.
Difficulty in caring for a pet
When someone goes into hospital or is placed by the local authority in residential care or a nursing home, the local authority has a duty under the National Assistance Act 1948 to make sure that the householder's property is properly protected. This protection includes the care of any pets. If the person is unable to find suitable care for their animal, the local authority will find an appropriate temporary home. It may ask for a contribution to the cost from the owner.
The Cinnamon Trust operates a pet fostering service for pets whose owners have gone into hospital or have moved to accommodation where pets are not accepted. [See Inform Box for contact details].
Section 48 of the National Assistance Act 1948 places a duty on the local authority to protect the property of persons admitted as a patient to any hospital, admitted to Part III accommodation or removed to any other place under an order made under Section 47 (3) of the National Assistance Act 1948.
The term Part III is also taken to apply to private and voluntary rest and nursing homes following the National Health Service and Community Care Act of 1990.
Assistance will only be provided if the person is
" A patient in any hospital
" Admitted to Part III accommodation
" Removed to any other place under an order made under Section 47 (3) of the National
Assistance Act 1948
and
" It appears that no other suitable arrangements have been or are being made ( e.g. by relatives, friends, solicitors etc. )
Charging
The person's ability to pay may be taken into consideration and they may be financially assessed and required to meet some or all of the cost.
A LOCAL AUTHORITYS INSTRUCTIONS
Property Protection
Q. Who looks after pets when the owners are hospitalised?
A. You do, as a Local Authority!!
Many of us who work in the field of animal welfare, from Local Authority Animal / Dog Wardens to local animal charities have all at some time received a call about an animal that has been left in a property (abandoned). After making enquiries you have found that the owner has been hospitalised either through ill health or mental illness. Under certain circumstances Local Authorities Social Services have a legal duty to provide protection of property (this includes pets).
Below is part of a Section 48 Procedure under the National Assistance Act 1948,
What is Property Protection?
Councils have a legal duty to provide protection of property under S.48 of the National Assistance Act 1948 ('The Act').
Where a person:
(a) Is admitted as a patient to any hospital, or
(b) is admitted to accommodation provided under Part III of this Act, i.e. residential care, or
(c) is removed to any other place under subsection (3) of the last foregoing section. and it appears to the council that there is a danger of loss of, or damage to, any movable property by reason of his/her temporary or permanent inability to protect or deal with the property, and that no other suitable arrangements have been made, it shall be the duty of the council to take reasonable steps to prevent or mitigate loss or damage.
What are the Property Protection Principles?
We have a duty to:
(a) Act in the best interest of the service user at all times.
(b) Look after the service users property, including pets.
(c) Make sure the service users money is being used to give him or her the best possible quality of life.
(d) Keep any property secure, in a reasonable state of repair, and ensure that adequate insurance is in place.
(e) Keep all important documents and other valuable items in a safe place.
(f) Take reasonable steps to prevent or mitigate any loss or damage.
What does Property Protection involve?
The services provided by the Council under the Act are as follows:
n Securing service users property.
n Conducting inventories of service users property.
n Storage of service users property.
n Arranging for the boarding of pets.
n Arranging the valuation, sale or disposal of service users property.
Is the service user eligible for Property Protection?
The service user must be in hospital, a residential care home or removed to suitable premises because they were in need of care and attention.
There must appear to be a danger of loss or damage to the service users property due to their temporary or permanent inability to protect or deal with the property.
There is no appropriate third party willing to protect the property on the service users behalf.
Overview
Councils have a legal duty to provide protection of property under S.48 of the
National Assistance Act 1948 ('The Act').
This includes the welfare of pets who may be neglected whilst the service user:
(a) Is admitted as a patient to any hospital, or
(b) is admitted to accommodation provided under Part 111 of this Act, i.e. residential care, or
(c) is removed to any other place under subsection (3) of the last foregoing section.
This procedure deals with the options available to the resident.
What are my obligations in relation to pet care?
> Contact any relatives, neighbours or friends to see if they wish to board the pet.
> All animal related queries should be referred to the Animal Warden.
> Any unattended animal must be removed and boarded within a 24 hour period.
> All pets are treated as movable property under the National Assistance Act 1948.
How Do Social Services arrange for a pet to be looked after?
Take the following steps:
Step 1: Contact the Animal Warden
> As soon as you become aware that a pet will be left unattended for more than 24 hours, you must contact the Animal Warden and inform him of the need to board a pet.
Step 2: Arrange to gain access to the service user's home
> Obtain the keys to the service users home or
> Arrange for a locksmith to meet you & the Animal Warden at the service users home to change the locks.
> The Animal Warden will remove the pet and arrange boarding.
Step 3: Options available to the Service User
If the service user is in permanent residential care and is able to make informed decisions, the following options should be considered, and where possible the service users wishes adhered to:
> Re-homing on a permanent basis through the Animal Warden.
> Placing the pet in kennels permanently providing that the service user is willing to pay for this directly.
> Put the animal down humanely - the service user can choose to have the animal put down via a Veterinary Surgeon.
If the service user is mentally incapable of expressing a preference:
> An attempt should be made via the animal warden to re-home the pet. If this proves unsuccessful the pet should be put down humanely.
If the service user has not chosen an option for their pet after the eight week period, the Animal Warden should be asked to re-home the pet permanently, if possible.
If this is not possible the animal should be put down humanely, with the consent of the service manager.
