Welfare Case Toolkit

DEFRA Code of practice for welfare of horses, ponies, donkeys and their hybrids

Welsh Government Code of Practice for the Welfare of Horses

Scottish Government Code of Practice for the Welfare of Equidae

As a vet involved in a welfare case, you might therefore find yourself acting as a Professional Witness of Fact, as an Expert Witness or, indeed, both.

• The responsibility of the vet is critical as any legal action will rely upon veterinary evidence.
• It is essential for the vet to be familiar with standard procedures, relevant legislation and common pitfalls.
• The vet's role as a Professional Witness of Fact is to:
  • Provide clear, irrefutable, unbiased and objective evidence of clinical findings to aid the court.
  • Make a clinical assessment providing recommendations regarding potential euthanasia, seizure and future treatment/care.

It is an offence to treat an animal cruelly either by an act or failure to act on the part of the person responsible for the animal. It is also an offence to fail to meet the needs of animal if you are responsible for it.

1. Under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 for England and Riding Establishments Acts 1964 and 1970 for Scotland and Wales, riding establishments are required by law to be licensed by local authorities) – obligations are placed upon proprietors of licensed premises to provide care for horses diseased or injured and such horses must not be worked.
2. Animal Welfare Act 2006 (minor variations in Wales and Scotland)
3. Welfare of Horses at Markets Order 1990
4. Welfare of Animals (Transport) Order 2006
5. Most animal welfare prosecutions are commenced by animal charities – RSPCA/SSPCA or a local authority. 
6. Police involvement may be necessary for initial entry and examination, or be called by inspectors to assist in collection of evidence/witness statements.
7. In Scotland SSPCA Inspectors are appointed under Scottish legislation and have some statutory powers.
8. The examining vet becomes a professional witness of fact and this means they must faithfully report findings and investigations. The vet must be able to give reasons for any opinion expressed, and will be required to give recommendations regarding seizure, euthanasia or treatment.
9. A vet may also act as an expert witness giving the court opinion upon the whole of the veterinary evidence. 
10. It is vital to understand that in either case, the vet must be aware that their duty is to the court only, not to either the defence or prosecution. Evidence and opinion must be objective, accurate and unbiased.

The Animal Welfare Act 2006 and the Police and Criminal Evidence Act 1984 provide a broad range of powers to enter premises/land. 

Only inspectors appointed under the Animal Welfare Act 2006 can exercise such powers. 

RSPCA inspectors are not appointed for this purpose, whereas SSPCA inspectors are. 

Police constables have wide ranging powers of entry. 

For this reason, it is normal for both an inspector and a police officer to be present.

1. See guidance notes for completion of the above form.
2. Experience and qualifications: Vets should only perform the assessment if they feel they have appropriate equine experience. If they do not feel they possess this then they should ask the Inspector to find a vet more experienced in this area. 
3. Sampling for laboratory investigation: Clinical examination may give strong indication of a diagnosis, but a vet may be open to criticism if a putative diagnosis is not supported. Appropriate samples should be taken that are needed to help confirm or rule out the differential diagnoses (for example blood and faeces if the horse is emaciated). Duplicate samples should be taken and labelled in the presence of a witness. One set must be offered to the owner/keeper for independent assay, with instructions about handling and storage. A second set must be submitted to a suitable external equine veterinary laboratory whom have the full support of a veterinary pathologist. Some investigation bodies may have a preferred laboratory service provider, they will advise you of this. All samples should be sent via courier and a signed receipt obtained or if this is not possible then via recorded/tracked delivery. Such samples should be taken before treatment/food/water/transportation.
4. When euthanasia is advised or the animal is deceased, arrangement for an independent post mortem should be made, liaising with the Inspector in charge of the case.
5. Evidence of previous or current veterinary attention: The vet should ascertain if the animal is under current veterinary care or when last seen by a vet. This enables:
   1. Contact of the owner’s vet under RCVS ethical responsibilities.
   2. Indication as to whether a vet's advice is being followed.
6. All animals must be scanned for a microchip. Where none is identified, a new microchip must be placed and the number recorded to permanently identify the animal. This is line with legislation and the only way we can verify the animal examined and findings correlate to that specific individual (e.g. when dealing with a herd of black and white horses or a herd of donkeys).

The vet has a responsibility to make decisions based on the interest of the horse. The primary decision is whether examination identifies suffering or the likelihood of suffering if the animal’s circumstances do not change. These legal provisions are set out in Section 18 of the Animal Welfare Act 2006 (England and Wales). 

If the vet has concerns, 4 options are available: 

1. Treat the animal(s)
2. Ensure treatment is obtained within a reasonable stated timeframe
3. Advise seizure into care of the welfare charity or local authority
4. Advise euthanasia

The decision to seize must be based on the vet's opinion that the life or welfare of the animal would be compromised by remaining on site. Seizure would need to be justified in court and the inspectors/police rely upon the vet to provide the recommendation. Seizure is justified where intensive treatment, nursing or care is necessary or where the environment in which the animal(s) is living compromises physical and/or mental welfare.

The decision to euthanase must be based on the opinion that the animal’s condition is such that it warrants euthanasia to prevent further unnecessary suffering, and that potential treatment would carry a hopeless prognosis and incur further suffering. The permission of the owner is not required but a police officer must be present and informed of the decision. 

If any of the provisions of Section 18 of the Animal Welfare Act are relied upon, a certificate in writing must be provided to the police officer before any action is taken. In investigations conducted by the RSPCA, the inspector should provide the blank certification for completion. The completion of the Section 18 certificate requires the vet to express their opinion on suffering. Once signed by the vet it must be shown to the police officer, who must make a record that this has been seen in their pocket notebook.

It should be remembered that when a statutory power is exercised, such as taking the animal into possession and/or destroying an animal, it is the police officer that has responsibility for the exercise of such a power. 

Samples should be taken ante-mortem and the carcass should, where possible, be removed for independent post-mortem inspection. Seeking assistance from experienced colleagues is encouraged. This is a sometimes difficult and complex area of work. 

Seeking advice and support from more experienced members of the veterinary profession is encouraged, as this can be a difficult and often complex field of work in equine practice.

1. Laboratory samples 

1. Correctly labelled samples should be submitted and processed by an official (non-practice) veterinary laboratory with the full services of an in-house veterinary pathologist.
2. Where possible samples should not be posted and instead be delivered by hand or by courier with signed confirmation of receipt.
3. The lab should be notified that sample results may be used in court.
4. The lab should be requested, in writing, to perform specific tests and to store remaining samples appropriately.

2. Care/treatment 

1. The vet has a duty to ensure the horse receives appropriate care. This can be from the attending vet or by a vet acting for a welfare charity or local authority.
2. The owner/keeper should be given the opportunity to call their own vet to provide an opinion and unless the welfare of the animal will be further compromised. Treatment can be temporarily withheld for this. 
3. Where care/treatment is passed to a second vet, normal referral procedures dictate. An ongoing diagnostic and/or treatment plan is essential, including proposed timescales. This information should be given to the transporter/sent directly to the person providing ongoing care using the BEVA Veterinary Transfer form.
4. Costs are usually met by the welfare charity, therefore consent must be obtain in the usual way according to the RCVS Code of Conduct. 
5. Pending court proceedings, the horse remains the property of the original owner, who will be kept informed of the case by the relevant welfare charity. Vets should not make direct contact with the owner/keeper of the horse, once it has been removed from their care. No permanent alterations should be made to the horse (e.g. castration, significant clipping) unless there is a medical need and the welfare charity obtains consent from the owner. If the animal is 'signed over' to the welfare charity this responsibility ceases. 
6. Full contemporaneous clinical notes must be maintained at all times. All records are made with the relevant welfare charity as the temporary keeper of the animal (client).
7. Where further investigation is deemed necessary i.e. x-ray, ultrasound, gastroscopy etc, these must only be performed with knowledge and consent of the relevant welfare organisation, and full records including any images must be annotated and maintained.

3. Statement or report preparation

1. The vet will be expected to provide a witness statement and/or report. 
2. A witness statement is all that is required when the vet is acting solely as a witness of fact. 
3. The opinion of a vet acting as both witness of fact and an expert can be in the form of either a witness statement or an expert report. Both are admissible as evidence.

The witness statement/report should include:

1. Instructions, including a signed acknowledgement of your understanding of the criminal procedure rules. This can be a separate document or included as part of your statement/report.
2. Your qualifications and experience.
3. Full description of the animal(s).
4. Details of initial examination/observation, including the animal of interest, any other animals on site and the environment.
5. Detailed clinical findings.
6. Treatment.
7. Description of any lab analysis/pm report.
8. Final diagnosis, where made.
9. If offering your opinion of the mechanism and duration of suffering it helps to set out how and why you have concluded the animal(s) was suffering.

Case progress should be documented up to date.

• The vet must be prepared to attend court, give evidence and be cross-examined. 
• Most importantly the vet should not be biased. 
• The duty of the vet as a professional/material witness/witness of fact is to report the facts and decisions taken in respect of the horse. 
• The vet must not assume the accused is guilty simply because suffering has been diagnosed.

Further information on giving evidence in court can be found on the RCVS website: RCVS Code of Professional Conduct for Veterinary Surgeons: Giving evidence in court