Campaign to bring private prosecutions made by the RSPCA under the control of the CPS

    the rspca have destroyed my business taking my horse and also a family pet whilst they were in the care of a neighbour


    Posts : 8
    Join date : 2012-01-21

    Re: the rspca have destroyed my business taking my horse and also a family pet whilst they were in the care of a neighbour

    Post  badgerchick on Fri Jan 27, 2012 3:59 pm

    It would be very interesting to know what the outcome was in this case. By law you are responsible for what happens to your pets so you must be very careful when you leave them in the care of someone else. It may be a good idea to anticipate the worse case scenario. If you use a professional animal minder like a kennels or cattery and something happens to one member of staff there are others there to see to your animals and of course you have a contract with them. Relying on someone you don't know too well is a recipe for disaster if they let you down or meet with the unexpected - say your neighbour was feeding your cat and they got run over by a bus, who would know that they were caring for your cat and take over? The law says you must 'take reasonable steps to ensure that the person to whom he transfers responsibility will care for it appropriately' I would think that ladyjayjay did indeed do this by having a second person to ensure that the other was actually doing what they agreed to do in looking after the animals.
    I wonder why the rspca became involved in this case, I assume someone became concerned about the animals after the 'carer' went on holiday, and called the rspca, but why someone would become concerned in such a short space of time I don't know.
    If this had gone to court it would fallen on ladyjayjay to show that the steps she took to 'ascertain the competence of the person to whom she transferred responsibility were “reasonable in all the circumstances”' If she trusted the land owner and had the backup of a friend to check on the animals then surely she has shown herself to be a caring and responsible owner, who had done the best for her animals. The courts of course could have a different view of what was 'reasonable'.
    I would say that if you go away, make sure you get a signed written contract containing detailed care instructions with whoever you get to care for your pets, even if it is a friend, to cover yourself and of course to ensure the safety of your pets.

    Posts : 3
    Join date : 2011-02-08

    You are entitled to get them back

    Post  tonto on Tue Feb 08, 2011 10:02 am

    They will wait until 1 day short of 6 months to notify you that they are going to prosecute you.Then you will have to prove your innocence and if you are successful the court will order them returned to you.If they are not intending to prosecute they have no right to keep them.
    Unfortunately the RSPCA have time and time again proven that they consider themselves above the law.
    Find our where they have been taken to.Get a lawyer,find out if they are 'considering' prosecution and if not go to the shelter or wherever they are with the lawyer demanding the immediate release of your animals.
    They are terrified of video evidence so ALWAYS have a camcorder with you.Don't imagine that your animals are safe or being well looked after.Gather as much evidence as you can.
    If it does come to court you have the right under European law to be granted a gagging order for the press as your life would be destroyed by publication of the case.Let the RSPCA know that you will be doing this and they may lose some of their enthusiasm for prosecuting you.

    Posts : 2
    Join date : 2011-02-04

    the rspca have destroyed my business taking my horse and also a family pet whilst they were in the care of a neighbour

    Post  ladyjayjay on Fri Feb 04, 2011 11:01 am

    i left my horse and cats in the care of a neighbour who then went on holiday neglecting them rspca have taken them saying i wont get them back!!
    the situation is that i went away for xmas with my family, leaving my animals in the care of my neighbour and also with visiting support from a friend nearby who visited on a fortnightly basis to check all was well, on the trip my car broke down leaving us stranded 400 miles away with no means to get back, i have done everything i can to make sure the animals were okay and i had a message the day before we returned telling me the rspca had taken my animals. (please note they took one of my cats but not the other one, also taken the most expensive horse but allowed my friend to temporarily care for the 2 cheaper ponies)

    I arrived home in the early hours this morning and a woman from the rspca acting alone at about 5pm has knocked on my door telling me that i have no rights to fight to get them back and she also asked me to sign a handwritten scribble admitting i had been cruel and neglected these animals leaving them for an extended period with insufficeint provisions, i asked why and she didnt have a clear answer, i also asked if i could have a copy, she said no i couldnt, so i didnt sign her notebook, obviously wanting to find out what my rights in this situation are before agreeing under pressure to agree to anything.

    Does anyone know what my rights in this situation are??

    I thought that if i left my animals in the care of somebody and they neglected them then it would be their crime, not mine, i had been in regular contact with the woman whos land the horses are kept on and my friend visited fortnightly giving them money to provide for them, the woman who was supposed to care for tyhem decided to go on holiday and didnt contact me, even though i had a mobile with me the whole time, and my other friend wasnt told either~as far as i knew every contact i had with them i was told everything was fine and my animals were well and happy.

    my horses are my livelyhood and now my entire business that i have worked 15 years to build is destroyed....what can i do?? can i get them back even though this rspca woman says not?? plkease help anyone who can advise me, would be so greatly appreciated thanks in advance of any replies


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