Welfare Issues: 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. 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!

Stig 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.

Stig, who was found abandoned in this appalling state

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.

To minimise the risk of animals being abandoned on your land, always keep 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. Unfortunately, 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 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. Then take the following steps:

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.
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.
Talk to your vet and farrier who are likely to know of any owners that are looking for an escapee 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 rehomed or sold. It is good practice to issue another 7 day notice if no owner comes forward within the initial two week period.
To download a template of an Abandonment Notice click 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.
Keep copies of all notices that you put up and notes of where you put them and for how long. If no 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. If you can do this, your actions will be protected by the law.

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.

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.

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.

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.

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home welfare visit us adoptions young redwings fundraising gifts about us contact us Tel: 01508 481000 Fax: 0870 458 1947 info@redwings.co.uk A Registered Charity No. 1068911	Welfare Issues: 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. 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! Stig 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. To minimise the risk of animals being abandoned on your land, always keep 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. Unfortunately, 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 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. Then take the following steps: 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. 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. Talk to your vet and farrier who are likely to know of any owners that are looking for an escapee 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 rehomed or sold. It is good practice to issue another 7 day notice if no owner comes forward within the initial two week period. To download a template of an Abandonment Notice click 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. Keep copies of all notices that you put up and notes of where you put them and for how long. If no 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. If you can do this, your actions will be protected by the law. 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. 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. 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. 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. >back Links \| Accessibility \| Privacy policy \| Site map \| ©Redwings 2005	advanced search