Abandonment
It an legal offence to abandon any animal, however, prosecution is often impossible as the process of abandonment means that the owner often cannot be traced. Although the law can be referred to in defining the fact that an offence has occurred, it does not help with the complicated process of what happens to the animal after it has been abandoned.
Abandonment is a very grey area as there is currently no case law to go on. This article is designed to be a helpful guide to anyone who finds an abandoned equine but please remember that we are not lawyers and this is not comprehensive legal advice! Also please bear in mind that most abandonment cases are a civil matter and so are not under the jurisdiction of welfare charities.
Stig (pictured below) was rescued by the RSPCA in Durham after someone broke into another horse owner’s field and dumped him there. He had an enormous gash on one of his hind legs, which had clearly been there for some weeks and had become horribly infected. Once the wound had been cleared of infection, one of Redwings’ veterinary surgeons carried out skin grafts to replace some of the skin. This charming young colt is now fully healed and living at our Oxhill Rescue Centre in Warwickshire. Sadly, despite the best efforts of the RSPCA, Stig’s owner was never traced so could not be held to account for the suffering they caused.
An abandoned equine is a particularly difficult situation to resolve. Until it has been proved that an animal is truly abandoned and not just stray or escaped, the owner has to be given a chance to come forward and claim their animal before alternative arrangements can be made.
Sadly, the number of abandoned equines is on the increase; in some areas it has become such a problem it is known as 'flygrazing'. Although this situation is not a welcome one, landowners have a responsibility to ensure the horse has access to its basic needs - in most cases, grass and a water supply are sufficient. However, due to the costs and complexities involved, it is strongly advisable to minimise the risk of animals being abandoned on your land by always keeping gates securely locked.
Many abandoned or stray animals are found wandering on roads. As public highways are under the direct control of the police, any animal found on a roadway should be reported to the police straightaway to reduce the risk of a serious accident. However, to remove the immediate risk to the public, the police will often deal with the problem by putting a stray animal into the nearest field, which removes the hazard caused by the stray animal, but creates a subsequent problem for the landowner.
If the unfortunate happens and an equine is put on your land without permission, it is advisable to take the following steps to enable you to prove that you have acted responsibly and made every effort to resolve the situation, just in case an owner comes forward and challenges you at a later date.
- If you find an abandoned equine on your land, remember that it may well be frightened and should not be approached unless necessary. Always offer the equine some fresh water and, if possible, contain them in a place where they can graze safely.
- If you can, look to see if the equine has a freezemark. If it does, make a note of the mark and contact Farmkey on 01295 252544 or Freezemark Ltd on 01295 690090.
- Look for signs of active care such as being shod, clipped, having a hogged mane, trimmed tail or trimmed whiskers which indicate that there is an active owner who will be looking for their escapee as soon as their absence is noted. If the equine has poor conformation or looks underweight, unkempt or elderly DO NOT assume that the animal is not wanted and cared for, but bear in mind that it might have been deliberately abandoned.
- Report the abandonment to the police. Any escaped or stolen equine will normally have been reported to them. Ask for an incident number when you speak to them and keep a note of it for future reference.
- Check www.stolenhorseregister.com and www.ukhorsewatch.org.uk for equines that have been stolen. The National Equine Database now also has a lost/stolen register at www.nedonline.co.uk.
- Report the abandonment to the RSPCA. Although they do not always get involved directly, inspectors may have or discover relevant information. If the equine is in poor condition or there is any sign of injury, make sure the RSPCA are aware of this.
- Spread the word in your local area and contact tack shops and riding centres, plus talk to your vet and farrier as they are likely to know of any owners that are looking for an escaped equine.
- If there is still no sign of an owner, you will need to put up an Abandonment Notice for a minimum of 14 days. This will notify passers-by that the equine has been abandoned and give the owner a reasonable period of time to come forward. The notice will state that if no owner is found, the animal may be legally re-homed or sold. It is good practice to issue another 7 day notice if no owner comes forward within the initial two week period. This is especially important if the equine is of high value.
- You can download a template of an Abandonment Notice here. Fill in the details appropriately, protect the notice from the elements (eg. wrap it in a clear plastic bag) and display it prominently at the gate to the field or yard where the equine has been found. It is not necessary to keep the equine where it was found, or for it to be kept where you display the notice. It can also be useful to put up a card in local tack shops, supermarket and post office or put a notice in the local Free Ads.
- If the situation is not resolved early on, it would also be advisable to have the equine scanned for a microchip. If one is found, contact Petlog or NED who will search their records.
- Keep a diary of events and copies of all notices that you put up and notes of where you put them and for how long. If an owner comes forward after the horse has been rehomed, you will need to prove that you followed all procedures correctly and made a significant effort to find the owner of the horse. Keeping a diary means you will not have to try and recollect all your steps later on if required to.
Many equines that are thought to be abandoned are owned by members of travelling communities who do not have their own land. These animals have not usually been abandoned as horses are valuable to travellers and the use of an abandonment notice often results in the equine disappearing as suddenly as it appeared. Be wary about approaching travellers directly; many are pleasant and approachable, but others can be extremely hostile.
If you are approached by someone claiming to be the owner, it is advisable to ask to see the horse passport which they should, by law, have in their possession. This will prevent someone fraudulently claiming the horse. The passport will contain a detailed description of the equine which can be checked against the abandoned animal.
A passport is not legal proof of ownership, however it should give some assurance that the person is the owner. There are situations, however, when a person may not have a passport to show, such as when they have only just purchased the equine. Alternatively if someone has photos or can give an accurate description this would be acceptable as an indication of ownership. As the aim is to have the equine successfully removed from your land, you will not want to obstruct this from happening; however, if you do have concerns that they are not the legal owner of the equine, contact the Police for advice.
If no owner comes forward within the defined period, by law you are able to take legal responsibility for the equine. This allows someone to sell, rehome, euthanase or keep the horse or pony. The current difficulty with acquiring an equine in this way is the absence of their passport, which is a legal requirement and essential if you want to sell the animal or need to have it treated by a vet. Under the passport system it is not straightforward to issue a passport for an equine which should already have one and you will need to contact DEFRA for advice on this issue. Their helpline number is 08459 33 55 77.
If, following the advised time period for an abandonment notice, the equine is still on your land and no owner has come forward, your next action will largely depend on whether the equine is of high value or would be able to be re-homed privately, perhaps as a companion. By acting responsibly, keeping clear records and by giving the owner a clear time period to respond, you have covered yourself against a future claim. A court would see that a responsible owner should attend to their equine a minimum of once a day, so a notice in place for 14 (or even 21) days would be more than adequate warning for them to respond.
It would be unreasonable to expect the landowner to keep the equine indefinitely and after following the steps above, if the problem remains, it is reasonable to look to make alternative arrangements for the horse's future. If it is young or looks to be of value it would however be advisable to seek legal advice if you intend to sell on or castrate the animal. Some legislation requires the horse to be sold at 'open market' to ensure fairness. If sold to a private home it is advisable to obtain a valuation by an equine professional, and then from the sale you would be entitled to deduct reasonable costs. Any money left over should be kept for a period of six months in case an owner comes forward at a later date. This sounds unlikely, but some situations involve loaning out where the legal owner isn't immediately aware of the equine's plight.
Whatever course of action you decide to take, it is imperative to keep records of money spent or received, expenses incurred and actions taken (such as veterinary treatment, vaccinations, worming and so on) for several months afterwards. If an owner does come forward, you are entitled to ask for some compensation to cover your outlay, although this must be reasonable and not overinflated.
There will always be the remote possibility that an owner comes forward in the future wishing to reclaim the horse (if the horse has been stolen before it was abandoned, they may have spent months looking for their equine). Here the law becomes even more complex and if an agreement with the owner cannot be reached, you may need to take legal advice to resolve the situation satisfactorily.
Report a welfare concern
If you want to report a horse, pony or donkey that you are concerned about, please see our get in touch section.
