This question applies to UK law. Our neighbour (a farmer) owns some goats which they do not keep properly penned in to their fields. The goats escape and get into the road, causing a hazard to motorists. I spoke to the police and they didn't think they could do anything until an accident occurred involving the animals.Is there any law against what they farmer is doing by allowing the animals to escape? This happens on a daily basis, and despite us contacting the farmer, they haven't taken any action to control the goats.
System of Law: England-and-Wales
So far I have tried contacting the RSPCA, contacting the police, contacting the farmer.
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.There is an offence of allowing a dog to be off lead which you'll find herehttp://www.legislation.gov.uk/ukpga/1988/52/section/27but the legislation clearly does refer to dogs not goats.There is also an offence of obstructing the highway under the Highways Act. You could try to argue that it fails to provide a suitable living environment for these animals under S9 Animal Welfare Act but unless these authorities are willing to prosecute I'm afraid you are in difficulty.
Bar Exams, over 5 years in practice.
Just wondering how everything is going?Do you need any more help?
Hello,Thanks for your message.I did some digging around and the most relevant sections of the Road Traffic Act may be 137 (definition of traffic in this case includes animals) and section 155 (Penalties in connection with straying animals). Also, your suggestion of the Animal Welfare Act may be applicable.I haven't seen the police since I posted this question, but I'll raise it with them next time I see them.
They could be arguments that the animal welfare act would apply under section 9 really because the new law is so badly defined at this stage. You could argue that this is an unsuitable living environment for these animals but the police would not be interested in that.Traffic does include animals under the RTA but s172 of the 1988 act doesnt apply.
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