Month: June 2021

Action Plan for Animal Welfare

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UK Government Action Plan for Animals DEFRA launched an Action Plan for Animal Welfare last month detailing many reforms that affect companion animals in addition to farm and working animals. Briefly:

  • The Animal Welfare (Sentencing) Act will increase the maximum prison sentence for animal cruelty from six months to five years from June 29th, 2021
  • Legislation will be drafted to introduce a new system of penalty notices for animal cruelty
  • The number of dogs, cats and ferrets that can be moved under non-commercial travel rules will be reduced
  • The minimum age that dogs can be moved or imported commercially into Great Britain will be increased
  • Restrictions will be placed on the movement of pregnant dogs into Great Britain
  • It will be an offence to import docks with cropped ears or docked tails or other cosmetic procedure that impacts on welfare
  • A taskforce has been established to crack down on theft
  • Microchipping will be compulsory for cats and a review will be undertaken of current microchip database systems, including consideration of making it compulsory for vets to scan microchips before euthanasia

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  • Pursue the licensing of animal sanctuaries, rescue and rehoming centres
  • Ban remote controlled electronic training collars (‘e-collars’)
  • Consider further protections for racing greyhounds
  • Review the dangerous dogs legislation.

There is much that is laudable in this plan but, as ever, it will only be effective if backed by sufficient resources.

‘Til Divorce Do Us Part

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A dog is for life not just for the honeymoon? Throughout the decades from ten to fifty years of marriage, an average of a third will end in divorce. Cohabitation appears to lead to a greater chance of splitting up later in the relationship.

Many more couples are deciding not to reproduce which can mean that dogs and other companion animals become substitutes. Of course, many people get dogs because they want to live with a dog and, if they don’t want children anyway, have nothing to substitute. However, lots of companion animals are ending up being the subject of disputes when relationships collapse. A 2019 survey undertaken on behalf of insurers Direct Line found that 28,500 divorce cases a year involves custody of a companion animal, an average of 90 per day.

This causes huge problems because, of course companion animals are regarded in law as chattels but require as much care and consideration, as human offspring. Sensible couples are discussing such possibilities before they live together and can now avail themselves of a legal agreement. Divorce lawyers Lloyd Platt & Co have collaborated with the Blue Cross to produce pro-forma documents in an attempt to reduce the number of animals that are surrendered for re-homing as well as to reduce the amount of acrimony caused by fighting over care.

There are two forms available; a simple Deed of Agreement that sets out who will take ownership in the event of a break-up and a more detailed Pet Nup. The Deed of Agreement can be used by anyone with joint care of a companion animal, for instance siblings or friends and considers designated ownership, responsibility for care and financial obligations. It also requires regular review. The Pre Nup goes into more details including who will be registered on the microchip database, who will be legally responsible in the event of any breeches of the law, rights for selling on or otherwise disposing of the animal to a third party, default ownership in the event of lack of compliance with the agreement, finances, including vet fees, holiday arrangements, breeding, accommodation (for instance landlord’s consent) and changes to or ending of the agreement.

Neither agreement overrides the law regarding companion animals, but Lloyd Platt believe that there is no reason why it should not be enforceable and at least indicates the intentions of the parties involved. Considering such an agreement also means that the subject is raised in advance – prepare for the worst, expect the best!