RSPCA "improvement notices"

[Ela]

The welfare act come out LAST DECEMBER & was available to use by the sspca but it was ignored

Right, in England it did not come in until April.

[MBll]

The new animal wefare act is not worth the paper its written on ...thats been clearly demonstrated by the recent case of CD the alastion

To be fair  the new animal welfare act  only came out on Good Friday Apr 6th.

The welfare act come out LAST DECEMBER & was available to use by the sspca but it was ignored

[Ela]

The new animal wefare act is not worth the paper its written on ...thats been clearly demonstrated by the recent case of CD the alastion

To be fair  the new animal welfare act  only came out on Good Friday Apr 6th. I understand CD was re-homed on 13th Apr. I don't know if the SSPCA took action because of the new act or perhaps the wheels had already been set in motion and they didn't need to.

I am not a great lover of the societies that police the new welfare bill but I do like to be fair.

[DaveD]

The Scottish Parliament passed a similar law. Here's the link: http://www.scotland.gov.uk/Topics/Agriculture/animal-welfare/AnimalWelfare/AHWSAGuidance/AHWSAGuidanceintro

[Gill (sneakiefeline)]

Just out of interest Mbll, as this is a law.........well I believe it is..................does it apply in Scotland as your legal system is different to the rest of the UK?

[MBll]

The new animal wefare act is not worth the paper its written on ...thats been clearly demonstrated by the recent case of CD the alastion that few on here know about & the horses & foal  that the sspca knew about but left to stave to death also the other case on sspca  illegal removing acouiple of other healthly horses & destroying & the onwer is taking leagal action.

Its just another case of someone that got  bored & decided to make up a useless bit of legislation that means nothing, certainly didnt do ANYTHING for CD & the horses & foal & Im sure other animals.

And I wouldnt trust rspca/sspca to use it lawfully ..in fact woundt trust them as far as I could thorw them..........RIGHT OFF A BRIDGE...IN FRONT OF A TRAIN 

[Hippykitty]

Top of page
What happens if someone breaks this law?

There are two different types of actions that can be taken under the Act:

    * An improvement notice can be issued.
    * A criminal prosecution can be brought.

Improvement notices

If a person does not look after their animal’s welfare, an improvement notice can be issued.  This will set out:

    * how the person is failing to look after the animal’s welfare;
    * what steps need to be taken to improve it;
    * a time limit within which to comply with the steps set out in the notice; and
    * it will explain what will happen if the notice is not complied with.

If a person complies with the improvement notice within the time limit set out, then they will not be able to be prosecuted for the actions which led to the notice being issued.

An improvement notice is not a criminal penalty, and a person who receives an improvement notice will not have a criminal record as a result.  However, failure to put right the welfare problem which led to the giving of an improvement notice can lead to a criminal prosecution.

Criminal prosecution

There are a number of offences under the Act which can lead to a criminal prosecution.  The main offences are:

    * Causing an animal to suffer unnecessarily.
    * Administering poison to an animal.
    * Arranging or attempting to arrange an animal fight, including publicising, taking money for entry to, or betting on such a fight.
    * Failing to ensure the welfare needs of an animal are met.
    * Selling an animal to a person under 16 years old who is not accompanied by someone aged 16 or over.
    * Allowing an unaccompanied person under 16 years old to enter a competition in which they could win an animal as a prize.
    * Obstructing a local authority inspector or police constable from exercising their powers under the Act.

If you are found guilty of an offence under the Act, you can be fined, sent to prison, have your animals taken away from you, and/or disqualified from keeping animals in the future.

The Act increases the penalties available for the most serious offences. The maximum penalty is imprisonment for up to 51 weeks, or a fine of up to £20,000, or both.



Took this from the DEFRA site.

[Ela]

I think in some cases, it's a simple case of educating and I think rather than them barging in and taking the animals away, a warning and specifying what needs to be done is a better system.

If downright cruelty is involved, they will be still be dealt with in the usual way.

My thoughts exactly. I think many situations can be sorted out with education. So many time I will advise someone about something and they say Oh! I didn't realise. Many do go on to take the advise on board. I appreciate that the low life will ignore such advice but at least now hopefully the pets can be ceased. Also lets hope the Judges make an example when the cases start to go to court.

[Ela]

That's interesting the bit about local authority officers - I

I wonder if that refers to the Trading Standards or is it the Environmental Health (brain not functioning just now, does it ever?) As they are the people who hand out the licences to pet shops. When I spoke to an officer once although he admitted he was the person who handed out the licences, admitted he did not know the first thing about kittens and their needs.

[Catjane]

Sounds to me as though it is intended to be very much along the lines of animal welfare in the States.  At least, going by the various tv programmes on Animal Planet.  If a potentially negligent pet owner is reported they investigate and, where deemed approopriate, will educate the owner and then make regular visits to check that the advice is being heeded.  If not, the animal is taken away, health-checked and treated, then rehomed if possible.  I'm sure it's not quite as good as the tv makes out tho, it never is.

[Dawn (DiddyDawn)]

I did see one of these Improvement Notices the other night.   Basically, it's more like a warning system, the owner may be given ie 5 days to waterproof a leaking dog kennel, in that time if it isn't done, then they could take action.  I think in some cases, it's a simple case of educating and I think rather than them barging in and taking the animals away, a warning and specifying what needs to be done is a better system.

If downright cruelty is involved, they will be still be dealt with in the usual way.

[Schmew]

That's interesting the bit about local authority officers - I wonder if that will be a role within an existing post or a new role? (or none at all, and left to the RSPCA?) I suppose some authorities call their dog wardens animal welfare wardens and such like.

What amuses me is that the government bring in a piece of legislation then leave it (possibly) to a charity to enforce it...... although I may be wrong on that. I haven't read the new act myself (I get enough environmental legislation at work to deal with) so I don't know if there are allowances for 'authorised persons' to enforce, and if so, who would authorise them. (Mental note to check this out)

[Bazsmum]

Sounds like a "fob-off to me"

[4BOBBY]

mmmm, I don't think the evil people guilty of neglect would bother with a notice of any sorts........but this may be a step in the right direction??????

[Gill (sneakiefeline)]

All I can say is hmmmmmmmmmmmmmmmmm.

This is all too vague, what is acceptable standard as seen by the murders of animals, what is negligence , and the only thing that maybe saves this and I stress maybe, is that owners could face prosecution.

If that is the case the RSPCA presumably cant come and take your animals and pts them but why do I think that is not the case?

[Millys Mum]

Part of the new welfare bill that i hadnt heard about are Improvement Notices.
I copy from the cat mag im reading:
The introduction of improvement notices provides RSPCA inspectors and those appointed by local authorities (in England & Wales) to issue a formal 'warning' to pet owners if they are found to be neglectful of their duty to care.
The notice will inform owners of where they are failing and provide practical guidance on how to improve. If they fail to reach an acceptable standard within a specified time, and continue to be repeatedly neglectful, owners can find themselves facing criminal prosecution.
The introduction of improvement notices provides a means of reaching, teaching and reminding owners, breeders, traders, and those in all areas of pet welfare of their responsibilties.

What do you lot think?