Cats and the Law a plain English guide - The Cat Group
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Cats and the Law a plain English guide
Authors Foreword
Contents
Dr Angus Nurse is Senior The UK is a nation of animal lovers, but from time to time
Lecturer in Criminology in members of the public need to know the law as it applies to 4 Introduction
Middlesex University School of cats and their owners. A variety of circumstances can arise;
Law where he teaches and from people wishing to know their obligations in caring for a 5 Definitions
researches criminology and law. cat, to understanding their legal liability for any damage 6 Basic protection
He was Lecturer in Criminology caused by their cat to a neighbour’s property. Re-homing afforded to cats
and Criminal Investigation at institutions and breeders also need to know how the law
Birmingham City University from impacts on their affairs in order to keep within the boundaries 7 Sale of cats
The Cat Group is
2011–2013 and before that a collection of of the law. However, it is not always so easy to be sure about 10 Liability for cat
spent three and a half years as a professional what the law requires without a simple reference guide; which damage
Research Fellow at the organisations is what this booklet aims to provide.
University of Lincoln’s Law 14 Animal welfare
dedicated to feline
School researching civil justice systems, criminal justice and This booklet is a summary of current law relating to cats, offences
welfare through
human rights. Prior to this, Angus was an Investigator for the the development primarily the Animal Welfare Act 2006 and its introduction of a 15 DEFRA’s
Commission for Local Administration for England (the Local and positive obligation to promote and observe animal welfare in Code of
Government Ombudsman) and worked in the Investigations promotion of companion animals. The booklet also summarises the law on Practice on
Section and Legal Compliance units at the Royal Society for policies and keeping and care of a cat, issues relating to the sale or theft of the Welfare
the Protection of Birds. He is a graduate of the University of recommendations cats and damage either caused by or caused to a cat. We of Cats
Leicester with a Master’s degree in Criminal Justice Studies on the care and have put into plain language the basic information contained in
and has a PhD in Criminality and Criminal Justice Policy from the Animal Welfare Act 2006, its associated Code of Practice, 18 Rehoming
keeping of all cats.
Birmingham City University where he studied wildlife crime and and other related laws so that anyone can check their key 19 Cat thefts and
the enforcement of wildlife law. www.thecatgroup.org.uk legal obligations and identify their responsibilities under the injury to cats
law without being overwhelmed by legal language.
20 Questions
Diane Ryland LLB LLM is a Member
frequently
Senior Lecturer in the Law School organisations: We have also listed and answered some of the most frequent
asked about
and has taught European Union ● Battersea Dogs and questions that people ask about cats and their legal status, so
cats and the
(EU) Law at the University of
Cats Home that most of what cat owners, breeders and rehoming
● The Blue Cross law
Lincoln since 1995. Prior to this institutions would want to know is contained within this guide.
● British Small
she was employed as a Animal Veterinary Inevitably there will be some omissions and the book is not 25 Useful
researcher in European Union Association intended to be a substitute for the actual legislation. Nor is it addresses
Law at the University of Hull. ● Cats Protection intended to be a substitute for, or intended to be relied upon
From 1995–2002 she undertook
● International Cat as, formal legal advice which may need to be sought on the
Care (founder)
research in European Union specific circumstances of a query. But subject to the limitations
● Governing Council
environmental regulation as a of the Cat Fancy expressed above, the guide should answer most common
member of a team of international ● The Mayhew Animal legal questions facing cat owners, breeders and rehoming
academics convening at Nicholas Copernicus University, Home institutions.
● People’s
Toruń, Poland, conducting research into the approximation of Dispensary for Sick
Poland’s laws to European Union standards. From The guide was commissioned by the Feline Advisory Bureau
Animals
2000–2008, she contributed a chapter annually to the current ● Royal Society for (FAB) (now International Cat Care (iCatCare)) on behalf of the
survey in the Yearbook of European Environmental Law, the Prevention of Cat Group, a number of charities with an interest in cat welfare
Oxford University Press. Currently, she is researching for a Cruelty to Animals and the law. While the project originated in Lincoln Law School
PhD in Animal Welfare in Agriculture: Public (EU) and Private
● Wood Green – the at the University of Lincoln, the conclusions are, of course,
Animals Charity
Standards, in the Law School at the University of Leeds. those of the authors.
2 Cats and the Law: authors Cats and the Law: foreword 3
Introduction Definitions
The main legislation affecting cats in England and Wales is the Animal Welfare Act Code of Practice for Cat Welfare (the Code)
2006 which consolidates much earlier legislation and both promotes animal welfare The Department for the Environment Food and Rural Affairs (DEFRA) Code of
and provides an enforcement mechanism through which punishment may be pursued Practice on the Welfare of Cats gives guidance on keeping cats in a suitable
where there is a breach of animal welfare standards. The basic principle of this Act environment. The Code provides detail on what is required of cat owners in
(and its Scottish and Northern Irish equivalents1) is that both domestic, stray and caring for their companion and providing a suitable environment for their cat’s
feral cats are protected from harm. There is also now a duty on cat owners and needs. The Code holds ‘advisory’ status rather than itself being directly
others responsible for a cat to ensure that a cat’s needs are met. enforceable, which means that cat owners cannot be prosecuted purely for not
following the Code. However, a court can consider a failure to provide the
Part of the law requires a ‘responsible person’ (see necessary cat-friendly environment required by the Act (in accordance with the
Definitions) to provide for the needs of an individual cat. Code) when considering animal welfare offences.
This means that those sharing their homes with a cat
need to provide a suitable environment and suitable Companion animal
diet; to satisfy the cat’s need to be able to exhibit normal
The term ‘companion animal’ is used throughout this guide instead of the term
behaviour patterns and any need to be housed with or
‘pet’ to refer to domestic cats. This includes not only cats who are clearly linked to
apart from other animals; and need to ensure that their
or living at a single property and have an identifiable owner, but also those stray
companion animals are protected from pain.
and feral cats for which a person may accept some responsibility to provide a
Many cat owners will already be doing this, but some may need certain level of care and comfort.
to rethink the way they interact with their companion animals
and may also need to examine whether the conditions and DEFRA
environment their companions are kept in are causing any The Department for the Environment Food and Rural Affairs (DEFRA) is the
discomfort. The new law requires cat owners to consider not just Government department with responsibility for environmental matters, including
physical discomfort or pain associated with cruelty, but also mental wildlife protection and animal welfare. DEFRA has published guidance on the
distress by, for example, denying an ‘indoor only’ cat the ability to new Animal Welfare Act 2006, in the form of a Code of Practice.
exhibit its natural behaviours and the opportunity to properly express
itself. This is particularly important, as an ‘indoor only’ cat may be
more likely to show certain medical problems associated with being Owner
kept indoors; which if manifest could constitute suffering under the Throughout this guide, the term ‘owner’ is used to describe the person who has
law. Allowing cats to roam unrestrained could equally cause some legal ownership of a cat. This is because under the law, cats are property and
problems and so the duty to ensure welfare creates a responsibility effectively ‘belong’ to somebody even though to many cat owners they simply
to monitor and assess the condition of each individual cat. share their home with their companions; not thinking of themselves as owners.
However, in this guide owner means legal owner, which may, or may not, be the
The UK Animal Welfare Acts intend to prevent harm before it person who regularly provides food for the cat, has a place within his home or
occurs and allow for prosecution of animal welfare garden that the cat frequents or, in the case of stray or feral cats, regularly makes
offences. The following text aims to provide a food available to the cat so that it frequently returns to the human for food
straightforward means of checking the legality of thereby temporarily being in that person’s ‘possession’.
action affecting cats. Every effort has been made
to ensure its accuracy but the authors and The
Responsible person
Cat Group can take no responsibility for any
This term is used to describe a person who accepts responsibility for a cat and
errors or omissions.
its welfare even if they are not the owner. For example, friends who house sit for
a cat are responsible for its welfare while they do so. Those who are keepers of
There is country-specific legislation in Scotland and Northern Ireland; the Animal Health & a cat that belongs to a rehoming institution because the institution’s terms
1
Welfare (Scotland) Act 2006 and the Welfare of Animals Act (Northern Ireland) 2011. The three
specify this, would also be responsible persons (even though they are not
animal welfare acts have similar aims of preventing harm and promoting animal welfare although
there are some differences in the respective Acts. owners) as custodians of the cat.
4 Cats and the Law: introduction Cats and the Law: definitions 5
Basic protection afforded to cats Sale of cats
The legal status of cats under the UK they may commit an offence under the Any private sale of cats is likely to form a this is not the case.
Animal Welfare Acts is that of protected Animal Welfare Act 2006 which contains contract and any business sale will be
Let Selling an unsocialised
the
animals. UK law generally regards provisions aimed at preventing harm covered by contractual terms and also cat would essentially
companion animals such as cats as before it occurs as well as provisions regulated by the Sale of Goods Act be selling an
personal property so that any damage or aimed at promoting welfare including the 1979 (as amended). A cat buyer
buyer unsatisfactory cat
beware
harm to a cat is legally the same as imposition of a duty to ensure welfare. will have rights as a purchaser as a
damage to any other piece of property. but the seller will also have domesticated
The law applies not just to cats which are This issue is of importance to cat owners obligations especially when cat would be
clearly linked to a single property and an as they are responsible for ensuring that acting as a business (for required to
identifiable owner, but also to stray and their cat’s needs are properly considered example, a breeder or pet satisfy the
feral cats that may occasionally be fed by in a way that effectively gives cats legal shop). The Sale of Goods Act 1979 need for a suitable family pet. Additionally,
humans (see definition of responsible protection from being kept in unsuitable generally requires that goods are of if a seller misrepresents the cat’s
person, page 5). conditions. While cats technically remain satisfactory quality which means that they condition in this way or, for example,
‘property’, the law now requires their must meet the standard that a reasonable claims that it has been microchipped or
The protection provided under the law needs to be considered and that a person expects. What is considered to be that it is a pedigree cat when neither of
extends to all cats so that both suitable environment for a cat is satisfactory in any specific case is these claims is true, then the buyer could
companion and stray or feral cats are maintained by anybody wishing to be a determined by any description of the complain to the seller as they would when
protected. The UK Animal Welfare Acts cat owner and share their home with a goods, the price (if relevant) and all other purchasing any other defective or
impose a duty to ensure cat welfare, feline companion. Cat owners who fail to relevant circumstances. The law requires unsuitable ‘product’ with the expectation
which requires that owners or those comply with the requirements can be that goods should be suitable for the that their money will be refunded or the
responsible for an animal provide for a prosecuted so maintaining a certain general purpose for which similar goods replaced. In extreme cases a buyer
suitable environment, suitable diet, the standard of care is in the owner’s interest. products are supplied and their could complain to a court to get their
need to be able to exhibit normal appearance or finish should be free from money back from the business.
behaviour patterns, any need to be minor defects, and should be of a certain
housed with or apart from other animals level of safety and durability. For example, if a cat is purchased from a
and the need for protection from pain. business seller or breeder but then
The law covers not only physical While considering cats and kittens as experiences health problems that are
discomfort or pain associated with ‘goods’ may be difficult for some people to scientifically known to be hereditary; or
cruelty offences but also mental imagine, applying these principles means should be known by breeders of a
distress. that any cat sold should be healthy (ie, particular breed to be so; or could be
free from disease), and be suitable as a traced back to the breeder; then the buyer
The obligation to consider family companion as this is what one should be able to recover the cost of the
welfare and protect cats from a would normally expect when buying a cat and any treatment incurred as a
wider definition of suffering is domestic cat or kitten. If a cat sold by a result. Breeders of pedigree or specialist
important as cat owners are business (eg, breeder or pet shop) is not breeds should investigate for known
required to do more than simply of satisfactory quality the buyer has some inheritable diseases and should take all
provide a home for their cat. They additional rights because of the additional reasonable steps to avoid them as part of
are required to consider both the law which applies to commercial their checks on the suitability of the cat for
interior and exterior environment of transactions but not to private sales. sale.
their home and to ensure that, so Unsatisfactory quality is a broad concept
far as is possible, it is suitable for their but could include a failure to socialise a This would be the position where an
individual cat. Where they fail to do so, cat to humans, especially if the cat is sold inherited problem is present which the
as being ‘suitable as a family pet’ when breeder should have known about and for
6 Cats and the Law: basic protection afforded to cats Cats and the Law: sale of cats 7
which there is a reliable test. Buyers coronavirus infection is generally low. But In the case of a private sale, and in the whether advertising was undertaken and
would also be able to reclaim any other breeders should be aware of any absence of any contractual terms, buyers receipts kept, how much money was
losses the purchaser and the seller or tendency for particular cat breeds to of cats and kittens have a certain made and how much was spent, etc. As
breeder could have reasonably expected actually develop the disease (rather than responsibility to satisfy themselves as to with other ‘goods’ private sales potentially
(eg, vets fees, boarding fees, travel costs, just coming up positive for a test for the quality of goods they are buying. carry a higher risk for the cat buyer and
etc). But, in the case of a diseased cat, coronavirus), and need to exercise all Private second-hand car sales are less opportunity for pursuing complaints
where the disease was undetectable at reasonable care to prevent its presence in particularly prone to this where the phrase where there are problems. If in doubt, and
the point of sale, even though the cat was cats they sell (see frequently asked ‘caveat emptor’ [let the buyer beware] particularly in the case of private sales,
sold by a business, the buyer may have questions section later in this guide). frequently applies. In other words, a seller getting some form of written guarantee as
to simply accept the diseased cat and its who buys a second-hand car (or cat) part of the sale is good practice as this
consequences. This is because the law Where a seller of a cat is operating in the privately, should be careful that what they can be relied upon if a problem occurs
allows a certain level of flexibility for course of a business, whether he intends are buying is free from defects. later on. The fact that the sale is one of a
sellers who could not possibly have to or not, and he sells the cat as being fit live companion does not mean that the
known about and had no hand in the for a particular purpose for which the Most reputable businesses are aware of normal rules of the buyer-seller
presence of disease in the cat and who, buyer makes known he wants the cat, or their obligations as sellers and the relationship should not be observed and
in fact, made no fraudulent (false) as being of a particular breed that the legislation that covers their operations buyers should exercise the same caution
statements about the health of the cat. buyer wants, then the buyer may have and so should be willing to provide as they would when buying other goods
The position would change where the rights against the seller if the cat is not fit guarantees. But in any case, the law from a seller they do not know (see
seller made a fraudulent statement for that purpose or not of that breed. effectively will imply terms into a business frequently asked questions).
about the health of the cat. Providing an average domestic cat to sale in order to protect the buyer. Hobby
someone who saw the cat and breeders should be aware of this, since Many more instances of sales and
The issue of selling cats of a independently formed an opinion the question as to whether they are purchases of cats are taking place over
breed at risk of carrying that it was of a particular breed operating in the course of a business will the internet, in place of newspaper
Caveat
disease such as feline would not render the seller be one that is decided on the facts of adverts and sales. Sellers acting in the
infectious peritonitis (FIP) liable. But if the buyer each individual case taking into account course of a business, which may include
emptor
can cause problems for specifically requested a such factors as the frequency of sales, hobby breeders, should be aware of their
breeders and particular breed and that obligations under the law. A cat buyer
purchasers. There fact was made known to must also realise that the cat they are
may be a claim the seller and the cat buying is classed in law as a good or
under the law of sold was not of that product. Whereas they may have
negligence if a breeder sells a cat breed, the seller would be responsible for some redress if anything goes
knowing that the development of FIP is this. The law also accepts that buyers rely wrong with a reputable business
reasonably foreseeable as a likelihood on any information provided to them sale, if they are buying
and not just a possibility. It could be during a sale when making a decision as from a private party
arguable in such a case that the breeder to whether or not to purchase a product. they should be careful,
has a duty of care to the buyer and would So fraudulent statements, or well- ask questions and
be responsible for the buyer’s costs if the meaning statements even if these later obtain guarantees so
buyer has unwittingly bought a diseased prove to be untrue, that a cat is healthy that they may be
cat which the seller should or could have and free from a traceable disease, fit for a protected under the
known about. However, expert evidence particular purpose, or of a particular rules of contract.
from a vet or scientist might be used by breed, can be relied upon when making a Otherwise they will
the breeder to rebut any evidence that the complaint to a seller, to trading standards not be protected since
disease was a pre-existing condition. or when asking for money back or for they are buying under
The fact remains that in most situations other expenses to be covered by a seller the principle of ‘let the
the risk of FIP developing if a cat has or breeder. buyer beware’.
8 Cats and the Law: sale of cats Cats and the Law: sale of cats 9
Liability for cat damage
Cat owners frequently want to know if neighbours, a term which broadly covers
Damage to persons and property
they are responsible for any damage that others who may encounter the cat, and
their cat does; while those living next door should try to prevent their cat from Cat owners or responsible persons and damaging neighbouring property
to or near cats owned by others want to causing any harm to those others. The must ensure that their cat’s needs are or attacking neighbouring cats or
know their options if a cat causes damage normal behaviour of individual cats, met. In doing so they need to also humans. If an owner knows that their
to their property or becomes a nuisance. however, is unlikely to cause problems. understand the specific characteristics cat is dangerous; its aggressive
This is a complex area of the law but But separate from the causing of actual of their cat, for example whether it is nature is unusual for a domestic cat
generally cat owners owe a duty of care damage there are several different areas likely to be defensively aggressive and the owner (and others) know
towards others not to cause injury or where cats can cause a nuisance to and/or territorially aggressive to that if the cat escapes it is likely to
damage. This means that they should try neighbours who do not, for example, people or other cats, or has a cause that damage, then the owner
to ensure that their cat does not cause appreciate them fouling their gardens. tendency to scratch and destroy is potentially liable for any such
harm to others or damage neighbouring They can, for example, be a nuisance in furniture. Owners are responsible for damage (see the frequently asked
property and are expected to take terms of noise and smell, especially if ‘severe’ damage which includes questions section at the end of this
reasonable steps in doing so. The law they are kept in unsanitary or damage to property, including other guide). As a result, owners of
generally makes the owner or overcrowded conditions. The difficulty for animals such unusually
‘responsible person’, ie, the keeper, the most cat owners is in knowing what action as aggressive or
person responsible for any cat damage, is reasonable to take and what types of neighbours’ destructive
who may need to pay the costs of any damage they might be liable for and the cats, but cats are
damage caused. circumstances of each individual case which also especially
need to be considered in order to potentially advised to
The general duty of care mentioned determine an individual’s liability. The includes control their
above means that cat owners need to following section aims to clarify these death or companions
consider the effect of their cats on issues. injury to otherwise they
anybody may find
which is themselves
caused by having to pay
General damage their cat; this for the costs of
includes any damage
Cat owners are generally not contracting a disease from a cat or caused by their cat. Owners should
responsible for the ‘normal’ behaviour suffering other physical harm (for also be aware that if the cat escapes
of cats because the law accepts that example severe scratches) or mental and becomes a stray they remain
cats tend to wander into other harm. The law recognises that some responsible for any damage the cat
properties and have instincts which, individual cats are prone to cause causes until it acquires a new owner
for example, lead them to prey on damage and some are prone to or keeper. As a result, abandoning
small birds. So cat owners should be display defensive aggression or an overly aggressive cat does not
reassured that the simple fact of their territorially aggressive tendencies automatically prevent the owner from
cat trespassing onto a neighbour’s and, while some neighbours may have which could make them dangerous. having to meet the costs of any
land would not make them responsible strong feelings about the presence of Where this is the case, owners are damage the cat causes until it finds
if, for example, the cat kills a pigeon or a cat in their garden, the law of more responsible for the damage that a new owner and the owner may
garden bird, urinates on plants or trespass and the general civil law their companions cause, so that an commit an offence of failing to
flowers, or defecates in a neighbour’s would make it unlikely that a claim owner of an aggressive cat needs to ensure the cat’s welfare by causing
soil. These would be ‘normal’ cat against a cat owner could be made for take steps to prevent it from escaping unnecessary suffering.
behaviours that would be expected these everyday occurrences.
10 Cats and the Law: liability for cat damage Cats and the Law: liability for cat damage 11
Car accidents
covers animals likely to stray such as companion animals cause excessive While the above example is probably not
horses, cows and sheep, but which smell, noise or flies this could be a an everyday occurrence, where a
would apply to dogs, or even to cats, nuisance. If, for example, a large number nuisance is caused, the law (the
In the case of a vehicle accident with a – is unlikely to make cat owners of cats were kept in a small flat and the Environmental Protection Act 1990) gives
cat, the normal criminal offence of liable. The nature of cats as number of animals combined with a local authority the power to decide what
failure to stop and give details or companions that cannot realistically be keeping them in poor conditions caused action cat owners should reasonably be
report an incident to the police does fenced in is a factor, but it is also true excessive smell (eg, by not emptying litter required to take in order to deal with a
not apply to incidences which only that cats generally will not cause the trays nor allowing them outside so that a nuisance. The courts have decided that in
cause injury to cats, ie, where there same kind of severe harm in the same smell of urine builds up) then this could the case of a business (such as a
has been a collision between a vehicle manner as dogs. become a nuisance. In such a case a commercial breeder of cats) they
and a cat. Cat owners may have Except in extreme circumstances, local authority could impose restrictions should use the ‘best practicable’
questions about whether they would where it could be argued that the on the number of animals kept. There is a means to deal with a nuisance.
be responsible for damage if their likelihood of an accident could be case example of large numbers of cats This means that action can be
companion strayed into the road and predicted and the owner owed a duty being kept and allowed to stray with the taken to reduce a nuisance
caused an accident or injury to others. of care to drivers yet did nothing to result that an excessive amount of (such as putting up a fence in
While in principle the owner of an prevent the accident, it is difficult to excrement was deposited on an attempt to prevent cats
animal which strayed onto a road, see how a cat owner would be liable neighbouring property, and this caused a from escaping into a
footpath, main road or motorway for a road accident caused by their nuisance. While, as mentioned above, the neighbouring property). It
would be responsible for any damage companion (see frequently asked law accepts that cats have a tendency to does not mean that the
or injury, the law – which generally questions later in this guide). wander about and defecate where they nuisance would have to be
please, in this example the specific completely eliminated, for
combination of the number of cats, example by getting rid of
Nuisance part of their home, so a smell that makes it
the nature of the property, and the all cats or relocating a
lack of effective control over the business.
unpleasant to be out in the garden could cats meant that their presence
The law on nuisance is intended to deal represent an ‘unacceptable interference’ and behaviour became a
with circumstances that affect enjoyment with that amenity. nuisance to the neighbouring
of a property. Noise, smell, dust and other
property.
forms of pollution can all be classed as a Local authorities are required to
nuisance in respect of which local investigate and detect any statutory
authorities are able to take enforcement nuisances occurring in their area and
action. This can be a complex area of law have wide ranging powers to deal with
but, essentially, the law defines certain these. Several parts of nuisance law
activities, those that can cause harm to apply to cats. For example, keeping
health or represent an ‘unacceptable animals in conditions which
interference’ with the personal comfort cause nuisance to others or
and surroundings of neighbours or the which are likely to cause
nearby community, as a nuisance. The law health problems would be a
uses the term ‘amenity’ to explain how the nuisance. This area of the
nuisance law impacts on people; this is an law is intended to deal with
umbrella term for features that are ‘extraordinary, non-natural or
pleasant or agreeable, such as a garden. unreasonable action’ so
So a smell that prevents neighbours from general noise of cats (even
spending time in their garden during the cats fighting at night) wouldn’t
summer could be a nuisance. The garden cause this problem. However,
is an amenity and for many is an integral where the living conditions of
12 Cats and the Law: liability for cat damage Cats and the Law: liability for cat damage 13
This is a brief summary of nuisance law excessive noise, smell or potential health DEFRA’s Code of Practice on the Welfare of Cats
which contains provisions, not only on the issues due to animal waste. Neighbours
conditions in which animals are kept, but who consider that their right reasonably to
The DEFRA Code of Practice clarifies
also specific provisions concerning such enjoy their property is affected by the
what cat owners need to do to provide the Suitable environment
things as noise. While nuisance law is presence of cats are entitled to complain
right level of animal welfare and a suitable
unlikely to affect the majority of cat to their local authority environmental
environment for their companions. It The Code recognises the territorial
owners, those keeping a large number of health department who have a duty to
explains what cat owners need to do nature of cats and that, although
cats need to consider the possible effect investigate. Where the local authority
under the Animal Welfare Act 2006 in classed as companions, domestic
of their companions on neighbouring considers that cats are causing a
order to ensure that the cat’s following cats will spend significant periods of
properties and whether the conditions in nuisance (as the law defines it) they are
needs are provided for: time outside. As a result, while
which the cats are kept could lead to likely to take enforcement action.
● Its need for a suitable environment; owners are required to provide their
● Its need for a suitable diet; cat with a ‘safe, comfortable, dry,
● Its need to be able to exhibit normal draught-free, clean and quiet place’
Animal welfare offences
behaviour patterns; where it can rest undisturbed2 they
● Any need it has to be housed with, or are also required to take ‘reasonable
apart from, other animals; and steps’ to protect a cat from hazards
For many cat owners, potential obvious that violent action such as ● Its need to be protected from pain, indoors and outdoors. The Code
complaints about animal welfare kicking a cat would cause unnecessary suffering, injury and disease. does not provide a precise definition
offences are the main issue of concern. suffering, prolonged exposure to hostile of ‘reasonable steps’ but does say
When it was first introduced, some action such as screaming, behaving The Code provides practical guidance to that a cat should have constant
headlines suggested that the Animal threateningly or withholding cat owners on how to meet their access to safe hiding places, where
Welfare Act 2006 would be oppressive appropriate food and comfort might obligations. While a breach of the Code is it can escape if it feels afraid. As a
and place unnecessary burdens on cat also cause unnecessary suffering. not an offence, in any action taken for result, cat owners need to ensure
owners. In reality, the Act has perhaps animal welfare offences involving cats, either that they do not keep a cat in
had modest effect on the lives of most Cat owners should also be aware that the Court will look at whether or not a cat an unsafe or unsuitable environment
cat owners but has clarified what they anyone who abandons a protected owner has complied with the provisions of where the needs specific to a cat’s
need to do in order to provide an animal potentially commits a criminal the Code the main detail of which is behaviour are not catered for, or that
appropriate level of care and suitable offence under the UK Animal Welfare covered below. if they do so, they show that they
environment for their companions. The Acts. The position varies in each of the have tried to consider both the
Act requires that every cat owner has a UK jurisdictions. In Scotland it is an
Diet
needs of their individual cat and the
duty to ensure the welfare of their offence for a person responsible for an specifics of their home so that they
companion and should take action to animal to abandon it without have done as much as they can to
prevent ‘unnecessary suffering’ to their reasonable excuse and in The Code requires that the dietary needs
of cats should be met, specifying the minimise any possible harm to the
companion. This means that cat circumstances likely to cause it cat from
owners should avoid action that unnecessary suffering. In Northern need to ensure that cats do not become
underweight or overweight. This aspect of indoor and
deliberately harms a cat but also need Ireland an offence would be committed outdoor
to make sure that cats are not harmed should a person responsible for an the Code provides minimum standards
that owners need to meet. Not only the hazards.
because they fail to take action. animal abandon it without reasonable
excuse. There is no specific offence of requirement to provide fresh drinking
The concept of unnecessary suffering abandonment under the Animal water at all times and to provide a
includes both mental and physical Welfare Act 2006; in England and balanced diet suitable for a cat’s
suffering, so cat owners need to make Wales abandonment is included in the individual needs, but also to monitor the
sure that their companion is not caused duty to ensure welfare and the offence amount that the cat eats or drinks and to
unnecessary stress. While it may be of causing unnecessary suffering. seek advice concerning the cat’s diet as 2
Section 1, DEFRA Code of Practice for the
required. The Code specifically refers to Welfare of Cats
14 Cats and the Law: animal welfare offences Cats and the Law: DEFRA’s Code of Practice on the Welfare of Cats 15
the special dietary requirements of certain Normal behaviour
cats (including cats that are ill) so that Protection from pain
owners need to actively consider whether The Code reflects the fact that cat
their cat should be provided with a special behaviour varies according to a cat’s age, The Code also requires owners to appropriate environment, housing and
diet in order to ensure the cat is properly personality and past experiences. Section monitor their cats for signs of injury or materials to allow a cat to exhibit
cared for. 3 of the Code says that cats must be illness and to ensure that somebody normal behaviours, this raises a
else does this when the owner is question concerning the training of cats
Housing away. While most cat owners will
naturally keep an
to fit within a pre-existing home
environment. The
eye on their animal’s Animal Welfare Act
Section 4 of the Code requires cat
health, the Code is 2006 suggests that
owners to ensure that their cat has
specific that owners instead, homes would
appropriate company. In keeping with
must do this and need to be modified to
other provisions of the Code, Section 4
should seek suit the needs of the
requires owners to consider the
veterinary (or other individual cat which
individual needs of a cat and its
appropriate) advice has implications for
individual sociability towards people,
as soon as possible cat training methods.
other cats and other animals. The
in the event of cat Cat owners in Wales
Code indicates that ‘a cat may suffer if
injury or illness. are banned from using
it cannot avoid other cats it does not
electronic training aids
like’3 indicating that failure to provide
The Code also indicates explicitly that by the Animal Welfare (Electronic
appropriate housing free from
owners are required to ensure that Collars (Wales)) Regulations 2010 (SI
interaction with other animals could
cats are provided with safe toys and 2010/934) (the 2010 Regulations). This
constitute unnecessary suffering.
receive enough mental, social and includes collars to keep cats within a
However, the Code also indicates that everything they need without having to
physical stimulation to satisfy garden boundary. However, at present
owners should provide regular contact pass one another too closely. This
individual behavioural needs. Given it is not an offence to use electronic
with people even when they are away, guidance means that cat owners need
the Code’s obligation to provide for an training aids on cats in England.
for those cats that like people. to carefully consider, on the basis of
an individual cat’s needs, any decision
Section 4 of the Code requires owners to have more than one cat or any other
provided with enough ‘mental, social and know how their cat behaves when fit,
to consider the socialisation needs of a animal. Failure to do so could result in
physical stimulation’ to meet the individual healthy and happy, which suggests
particular cat which could mean that the causing of unnecessary suffering
needs of a cat. The reference to individual owners must be aware of and monitor
they should either avoid having a even though this is done
needs means that the owner of an their cat’s behaviour and notice any
second cat or other companion animal unintentionally.
extremely active cat may need to do changes in it. Failure to do so could be a
(eg, a dog) if doing so would cause
something particular (eg, by buying breach of the Code and result in
problems for their cat, or that if they do Cat owners also need to consider the
special or additional toys) to make sure ‘unnecessary suffering’ which might lead
have another animal they must possible stress to cats in hot weather
their cat is properly stimulated. While the to prosecution.
gradually introduce the new animal and on bonfire night. DEFRA has
Code requires that a cat is able to exhibit
into the home or try and minimise published specific guidance on this
scratching behaviour and refers to a cat This is a brief summary of the main
contact between animals that do not together with the Blue Cross which at
being provided with somewhere to provisions of the Code. Full copies and
like each other. This includes providing time of writing is available from the
scratch, for example a sturdy scratching additional guidance are available online
extra resources (toys, beds, litter trays DEFRA website (see Useful
post, for an active cat which is confined from the DEFRA website with links to
and hiding places) to allow cats to get Addresses at the end of this booklet).
indoors several scratching posts may further guidance available from member
away from each other and also to Section 5, DEFRA Code of Practice for the need to be provided to accommodate this. organisations of The Cat Group (see
ensure that they can access
3
The Code is clear that owners should Useful Addresses section).
Welfare of Cats
16 Cats and the Law: DEFRA’s Code of Practice on the Welfare of Cats Cats and the Law: DEFRA’s Code of Practice on the Welfare of Cats 17Rehoming their obligations under the law to do so. ● Abandonment of any companion
Information must also be given on animal is both cruel and illegal. Re-
expense, insurance, neutering, homing organisations should
There are thousands of cats, all over microchipping and the fact that cats are emphasise this in any information
Britain, waiting to be rehomed. Rehoming completely dependent on their owners given to a prospective cat owner.
involves passing responsibility for a cat for protection, an adequate
from one person to another. As the law environment, food and stimulation. The CAWC’s June 2011 report on rescue
now requires persons with responsibility and rehoming can be found at its website.
for a cat to provide appropriate standards
of animal welfare, rehoming organisations
have this duty while a cat is in their care
and usually pass it on to the new owner.
But in some circumstances they may
Cat thefts and injury to cats
remain the owner so that the person
getting a cat from the rehoming
organisation is a ‘keeper’ or ‘responsible The law recognises cats as property, particular home is vital if a complaint of
person’ (the phrase ‘custodian’ is so that when somebody steals a cat theft is to be pursued.
sometimes used). This potentially from its owner this would be theft
complex arrangement means that both under the Theft Act 1968. Those The criminal law also covers harm
rehoming organisations and those taking involved in taking a cat might also be caused to a cat by a third party
cats from rehoming organisations need to charged with handling stolen goods or (somebody other than the owner). The
be clear about and understand what their obtaining property by deception. If law makes it an offence to kill or injure
legal responsibilities are and these are sufficient advice on the required money or favours are demanded for companion animals (see definition at
summarised as follows: standard of animal care and the return of a stolen cat this could be page 5) so that if a person harmed or
management. This includes advice on classed as bribery. Neither should the killed a cat belonging to another they
● Where the rehoming organisation training and behaviour and sources of cat’s lawful owner advertise a reward could be prosecuted. Ownership of the
retains ownership of the cat throughout help. Failure to provide this written stating that no questions will be asked animal does not have to be proved as
its life, this is usually explained in the information could result in court action, for information leading to the return of the law recognises domestic cats as
contract accepted by the prospective since the rehoming institution, as the cat, which in itself is an offence. If protected animals. So, in the event of
‘owners’. In such cases the term owner, still falls within the definition of a cat is stolen, owners should call the the death or injury of a cat caused by a
‘custodian’ will be employed. Rehoming responsible person under the Animal police as the illegal removal of their third party (even where ownership of
organisations which do retain Welfare Act 2006. companion should be treated the the animal cannot be established) the
ownership then remain both same as any other theft. The potential Crown Prosecution Service (CPS) may
responsible and potentially liable for ● The CAWC recommends that new difficulty with cat theft is proving that consider a charge of criminal damage,
the cat’s welfare and actions. owners are told about possible somebody has deliberately removed a although there are sometimes
The Companion Animal Welfare problems following rehoming as companion. A cat, may, for example, difficulties with having enough
Council (CAWC) in a 2011 Report rehomed cats can be quiet and may not seek food from several homes or evidence to prosecute these cases.
advised that responsibility for the eat well for a day or two, which might simply find comfort in another home In addition causing unnecessary
animal’s welfare and behaviour lies with be followed by more boisterous without the new ‘owner’ having done suffering to another’s cat is a crime
the keeper and the owner, who may not behaviour within a couple of weeks as anything that would make their under the Animal Welfare Act 2006 so
be the same person. Where the owner cats feel more confident in their new adoption of the cat theft or of having that animal abuse cases (eg, kicking,
of an animal is the rehoming environment. Rehoming organisations any idea of who the ‘rightful’ owner burning, placing cats in rubbish bins)
organisation, which can choose to take must give new owners vital information was. Having some clear means of can be prosecuted under the criminal
back an animal, the rehoming regarding the cat’s history, identifying a cat as belonging to a law.
organisation should ensure that the temperament and health so that they
keeper – the adopter – is given can meet the cat’s needs and meet
18 Cats and the Law: rehoming Cats and the Law: cat thefts and injury to cats 19Questions frequently asked about cats and the law being fit for a purpose which the buyer The scale of the operation may be an
made known to the seller. issue in determining whether a breeder is
The following list consists of those questions currently identified as causing Typical issues are the breeder failing to a hobby enthusiast or a commercial
problems for cat owners and breeders, either because there does not seem to be disclose a relevant and detectable breeder. There is also a risk that
a definitive answer to the question or because the question raises an issue inherited problem which is well known inadvertently presenting a business as a
falling outside the experience of the breeder or owner. Questions also relate to within the breed (the breeder should have hobby misleads consumers and avoids
areas where, previously, guidance has not been available for owners and knowledge of this) and where there is a pet shop licensing restrictions that
breeders. Where several queries have been received concerning the same topic test readily available; or a breeder selling subsequently come to the attention of
we have combined these into single questions to deal with the main issue a cat which is very fearful because it has Trading Standards.
Q
causing concern. not been socialised properly or exposed First, money from the sale of cats
to everyday sounds and experience in its constitutes income which should be
I am a cat breeder who sold a kitten offering the buyer some compensation or early weeks of life. This is really a sale of declared to the Inland Revenue for tax
which later developed feline their money back would be appropriate as goods issue about selling a product that is purposes. Breeders earning an income of
infectious peritonitis (FIP). Other cats in good customer service. It should be noted not of satisfactory quality or with a more than £5,885 per year (Inland
the buyer’s home are now suspected of that FIP may result from a mutation of an specific defect or condition which had the Revenue’s published income threshold in
having FIP and the buyers are attempting existing coronavirus infection, and that buyer known about could have altered his 2014) from the sale of cats would be
to claim their vet fees from me, even causation is also difficult to establish. purchasing decision. So, if a cat is sold as classed as self-employed and eligible to
though while the kitten may have been Much will depend on the individual cat(s) suitable as a family companion but is pay class 2 national insurance
coronavirus seropositive it didn’t appear concerned. But if a breeder is aware that either very nervous or fearfully aggressive contributions on their ‘hobby’ income.
to be ill at the point of sale. Am I liable a particular line of cats is actually or has a detectable health issue that The activities of many breeders would fall
A
(responsible) for their costs? developing the disease (rather than just makes it unsuitable as a companion, then within the definition of 'operating in the
coming up positive for a test for a buyer would be entitled to return the cat course of a business', and breeders who
It is unlikely that the seller would be coronavirus), then they should exercise and demand a refund in the same way earn above this relatively small amount
responsible for the costs even though all reasonable care as the development of they would for other sales. should realise this and get tax and
the kitten was sold by a business and the the disease may also be affected by the Additionally, breeders need to be business advice in order to avoid Inland
Sales of Goods Act 1979 would mean husbandry and cleanliness of the careful that where a potential owner Revenue investigations in the short term
there are implied conditions and premises and this is something that identifies specific requirements, then and calls for regulation of cat breeders in
warranties. Unless specific promises or breeders would be expected to do these are considered as part of the sale. the long term. Breeders operating at this
assurances were given or false something about. It is advisable to consult For example, selling a cat which is level should also keep sale records.
statements made about the kitten’s health The Cat Group information sheet on FIP unsuitable to live in an indoor-only In addition, consumers should
by the seller, then the buyer of the (www.thecatgroup.org.uk) which explains environment as suitable for an elderly understand the relationship that they are
Q
diseased kitten accepts it ‘as it is’ then the difficulties with this disease. relative who lives on the top floor of a entering into and the nature of any
and for the future. block of flats, invites the return of the cat contractual arrangements, whether
However, if the seller knew about or I am a cat breeder and have had as ‘not fit for purpose’. Hobby breeders explicit or implied, before making their
Q
deliberately concealed a condition of buyers attempt to return cats as ‘not should also be alert to this issue. purchase. Non-governmental
illness or contagion by claiming that the of satisfactory quality or as unfit for organisations (NGOs) have been critical
kitten was ‘free from disease’ then this purpose’ when a problem was discovered I am a hobby breeder of cats but of commercial breeders misrepresenting
would be misrepresentation. If there was with the cat that the buyer had not been have had some problems with the themselves as hobby breeders in other
A
a reasonable risk that the kitten could be told about. Where do I stand with this? local authority who say I am running a contexts. For example, as part of their
A
carrying the disease and the seller business. Where do I stand? (2002) campaign against the reptile trade,
ignored this possibility this would also be This differs from the first question as UK-based NGO Animal Aid wrote to the
a factor. Otherwise the seller has no it relates to selling a cat as being Whether a cat breeder is operating a Inland Revenue noting that ‘many of
liability although, dependent on the suitable for certain circumstances when business, depends on the facts of those who trade animals at ‘one-day
precise nature of the buyer-seller this is not the case. There are two each case and how decisions of the courts events’ and may make significant sums of
relationship, he or she may wish to separate issues here, namely the cat apply to the facts, rather than just applying money, do not operate formal businesses
consider whether, in the circumstances, being of satisfactory quality, and of it the law on business licensing. but front their trading activities as an
20 Cats and the Law: FAQs Cats and the Law: FAQs 21Q
elaborate hobby’. Concern was the small claims court which does not on holiday, having gone on holiday When a person lives next door to an
expressed that traders may use this require lawyers, just the court document seemingly for 7 days and having left aggressive cat, who is liable for any
mechanism either to sell ‘surplus’ items fee and submitting evidence for the court to some food for their cat for this shorter aggressive cat attacks and what options
A
and shift high volume, low value stock, or consider. Part of the process involves period but no additional human contact. does a person have when they are
as a means of selling animals outside of notifying the third party of the claim against suffering from cat attacks and aggressive
the scrutiny of animal welfare, pet them and this could include notifying the Cats are property and so a person behaviour that either cause stress and
licensing or wildlife trade regulations. In owner that, as part of the settlement of the finding a stray cat and feeding and harm to neighbouring cats or, in extreme
the case of complaints, trading standards claim, they may wish to formally relinquish taking care of it essentially becomes cases, where the aggressive cat
and enforcers take the view that traders their ownership so that the cat can be responsible for it and is also obliged to scratches humans or causes property
A
are more than likely aware of the illegality rehomed if they no longer wish to be take reasonable steps to find the owner damage?
of their actions and that such methods of owners and are unable or unwilling to meet and make them aware of the cat’s
sale represent a deliberate trading tactic. the cattery’s fees. The notification could location. However, the finder of a stray is This question has been raised in
Breeders who are effectively running a suggest a time limit in which the owner also its keeper and its temporary owner relation to what seems to be the
business should be careful not to must provide some sort of undertaking in unless or until the ‘proper’ owner systematic behaviour of some Bengal
Q
misrepresent the nature of their operation. respect of future fees otherwise court demands its return. cats that attack other cats, sometimes
action will be pursued. Should the matter In this example, if the rehoming even entering into the neighbour’s home
I run a cattery and have had a cat in go to court, even as a small claim, the court institution had taken reasonable steps to to do so. But it also applies to other
care for several years which was can be requested to look at the evidence trace Millie’s owner (which would have territorial cats that are unusually
taken out of the cattery for a few weeks as to whether the owners have undertaken been difficult given the fact that Millie was defensively aggressive towards other cats
but then returned while the owners were to relinquish ownership. not originally microchipped and had no in the area.
moving house. The owners have paid part If the owners cannot be located, the collar) and if the organisation clearly sells Extreme cat behaviour could be dealt
of their bill but still owe several thousand issue of fees cannot be resolved. It could cats on the terms that it owns them, then with as nuisance behaviour, although for
pounds. We have given them every be argued that the cat has been based on some court decisions the simple keeping of animals to be classed
opportunity to pay, even initially abandoned due to a lack of responsible rehoming institution may be Millie’s owner as a nuisance some ‘extraordinary, non-
discounting the bill, but we are unable to ownership by the cat’s owners. The Animal and, entitled to rehome her. natural or unreasonable action’ is
get the owners to pay despite several Welfare Act 2006 and the Code of Practice The finder of a stray cat can become its required. As mentioned earlier in this
efforts to obtain payment. We have for Cats make mention of the person owner if the original owner intentionally guide the law specifies nuisance as being
several people who use the cattery who responsible for the cat. Where the owners abandons it; for example by failing to ‘the unacceptable interference with the
would be willing to rehome the cat and have effectively defaulted on their financial provide food or care as is the case in this personal comfort or amenity of
we’re now querying whether we are able obligations and the cattery has assumed example. If a cat is accidentally lost but is neighbours or the nearby community’. A
A
to rehome it? care, then the cattery has become the then found, the owner can reclaim civil trespass action would be unlikely to
responsible person. However, under the possession. Lack of responsible succeed for cats entering into property
This seemingly common question law, formal ownership would rest with the ownership, arguably, would be a factor and causing damage, but abnormally
concerns whether animals left in a first owners for a limited period of 6 years, taken into account by the authorities and aggressive cat behaviour that results in
cattery by owners, who appear not to want after which time the cat could then be here Millie’s original owner has effectively property damage (including damage to
Q
the animal returned, can be re-homed and owned by another. abandoned his cat and by failing to provide the resident cat) or harm to children could
what mechanisms are open to chase the food or care for 21 days has caused be the subject of enforcement action. The
owners for unpaid bills. There is an issue Who is the owner of a stray cat taken unnecessary suffering under the Animal local authority could serve an abatement
of ownership of the animal where an to a rehoming institution by a Welfare Act 2006. notice forcing the owners to take steps to
owner appears to have given-up member of the public concerned to find it Nevertheless, legally ownership would prevent the nuisance being caused by
ownership. wandering the streets for days and nights remain with the original owner for a term of their cat. Failure to comply with this notice
First, the cattery has to take all on end? After having had ‘Millie’ 6 years. It is recommended good practice is a criminal offence.
reasonable steps to locate the cat's microchipped, neutered and vaccinated, and a sign of responsible ownership to There would also be the potential to
owners and pursue the outstanding fees. If the rehoming institution secured a loving microchip a cat, which would help to take legal action for negligence against
the owners can be located, fees under home for Millie within 14 days. Millie’s prevent this situation arising, although the cat’s owner, who owes a duty of care
£5,000 can generally be pursued through original owner reappeared after 21 days would not be proof of ownership. to his neighbour not to cause harm which
22 Cats and the Law: FAQs Cats and the Law: FAQs 23You can also read
