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Please help me get justice for my cat. RSPCA are responsible for her death.

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  • meritaten
    meritaten Posts: 24,158 Forumite
    edited 24 February 2015 at 10:45PM
    I understand how the OP feels - and can understand why their petition is more emotional than factual. but, the fact remains that THIER cat was removed from their garden (theft) and they were not asked why the cat looked ill, etc at that time. I thought the RSPCA were legally obliged to obtain consent from the owner before taking a cat from its home. unless it was a case of severe neglect and they had legal steps in place.
    Oh and I am another one who has reported pets in dire need of help - and got ignored. the RSPCA does not have my support or respect. one of the animals I reported died a few days later - it COULD have been saved. but the woman on the phone actually told ME to see to the animal - I couldn't - I was housebound at the time!
  • Hello to all,
    Thanks for your feedback, all is helpful.
    The problem here is that the RSPCA are doing this kind of thing EVERY day. I have spoken to so many people with devastating stories and people are afraid to do anything because the RSPCA have the funds (donations) to take innocent people to court.
    Before it goes on too and people start assuming things… My cat did not look ill. She was honestly very energetic and happy, we had her the previous day and she was running through my house. We had secured our garden because of her age.
    The RSPCA officer trespassed into my garden and literally stole my cat. She didn’t contact us until it was too late for us to go and get her. I can’t even imagine what she must have been thinking, just pure and utter terror.
    Enough for her to decline so much she was trying to drag herself to the litter tray, defecting and vomiting on herself.
    I’m sorry but I am well aware that the renal failure wasn’t brought on by her being taken, however her dramatic decline and traumatic end was.
    I’m sorry if my petition seems to motional for you, we have already tried giving the RSPCA the facts, so I’m hoping if they have any heart left they will understand that what they are doing is breaking people’s hearts.
    What happened here is wrong. What is still happening is wrong. There is no doubt that they should acknowledge this and have a protocol in place to prevent it happening again. I find it hard to believe that people disagree with that.
  • Hello to all,
    Thanks for your feedback, all is helpful.
    The problem here is that the RSPCA are doing this kind of thing EVERY day. I have spoken to so many people with devastating stories and people are afraid to do anything because the RSPCA have the funds (donations) to take innocent people to court.
    Before it goes on too and people start assuming things… My cat did not look ill. She was honestly very energetic and happy, we had her the previous day and she was running through my house. We had secured our garden because of her age.
    The RSPCA officer trespassed into my garden and literally stole my cat. She didn’t contact us until it was too late for us to go and get her. I can’t even imagine what she must have been thinking, just pure and utter terror.
    Enough for her to decline so much she was trying to drag herself to the litter tray, defecting and vomiting on herself.
    I’m sorry but I am well aware that the renal failure wasn’t brought on by her being taken, however her dramatic decline and traumatic end was.
    I’m sorry if my petition seems to motional for you, we have already tried giving the RSPCA the facts, so I’m hoping if they have any heart left they will understand that what they are doing is breaking people’s hearts.
    What happened here is wrong. What is still happening is wrong. There is no doubt that they should acknowledge this and have a protocol in place to prevent it happening again. I find it hard to believe that people disagree with that.

    Again I disagree with the RSCPA. However, and not trying to be petty, why would someone waste their time taking your cat to the vet for you if she didn't look ill? You were out at the time, maybe she started declining whilst you were out? Who knows? And she was in renal failure, the RSPCA could just turn around and say they were right, she was ill.
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  • chazsucks wrote: »
    Again I disagree with the RSCPA. However, and not trying to be petty, why would someone waste their time taking your cat to the vet for you if she didn't look ill? You were out at the time, maybe she started declining whilst you were out? Who knows? And she was in renal failure, the RSPCA could just turn around and say they were right, she was ill.

    We weren't out at the time, I never once said that. I yes, was at university at the time, but my dad was washing the LR on the front garden. This is how we know she didn't try to contact us, she could have walked around the front of the house, but she was purposefully sneaky.

    Also, we had her in the house at 2:00pm and she was fine, are you assuming that she was on her back in the garden within the next hour? I find that very unlikely.
  • It is a tricky one. Although not a completely clear cut issue, cats are considered property and it is an offence to steal someone's cat. I don't think you'll change any policy through a petition. Not to dampen your hopes, but it will simply be ignored. Honestly, I think your best course of action is the legal path. If the RSPCA entered your property, took your personal property (your cat) and accused you of animal cruelty, then I think you'd have a strong basis from criminal prosecution.

    I don't know for certain, but I would assume they would need to apply for a warrant to remove any animal from private property, even where cruelty was suspected. For that, I would think they'd need to produce evidence and have attempted to make contact with the property owner first.

    I hate to sound a bit 'wild west' by throwing law suits around, but in this case I think it's the only way they will pay any attention.

    Worth a discussion with a solicitor if you know one, or any legal bods on this board?
  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 25 February 2015 at 11:32AM
    My understanding was that the RSPCA can only enter your property with your permission, or with a warrant. In the latter case, the police would be accompanying them.

    I thought they could also remove animals in an emergency without a warrant if a vet says the animal is suffering sufficiently.

    That was my loose understanding based on watching the documentary about them!

    You're saying that in this case, an RSPCA staff member entered your garden to remove the cat, without trying to talk to your father. If that's what happened, then I'd agree with Johnny Dangerously about speaking to a lawyer, or perhaps even the police.

    See here: http://www.nigelweller.co.uk/your-rights/4565811521 (especially the last bit)

    Do you have proof that the cat was taken from your garden? Ie could she (the cat) have been outside the garden, on the street etc?

    What you need to do is take the emotion out of what you write (I know this is hard) and focus on the facts, and where the RSPCA did things that they shouldn't have. Write a clear, succinct summary that you can discuss with someone with legal expertise.
  • Johnny Dangerously and pinkteapot

    Because of her age we had secured the garden, we were afraid she might wander of and die somewhere one day and we would never be able to find her to bury her.

    The reason I haven't considered legal action is because it's our word against theirs at the end of the day. I was hoping to least make them accept that this shouldn't be happening and try and change their protocol.

    How on earth can I prove that my cat didn't leave my garden? And she absolutely didn't!
  • Well I think first of all you claim that she was removed from the garden and see if they dispute it. Her age, condition secured garden etc. would mean they would have to be pretty confident they can prove she was outside of the garden. Either way, it's forcing them to document their account of events.

    Then I would question why they didn't attempt to contact you directly before taking them to the vets. If they thought the cat was sick, then their first port of call would be to contact the owner, not to confiscate the animal.

    Either way, judging by your written account, I'd say they have a lot to answer for, and you have a strong case for prosecution, although I'm not a solicitor. The principal here is that if a cat clearly has an owner, then the first action by them should be to speak to the owner. If they don't think the response from the owner is satisfactory, then they should apply to remove the animal legally.

    As an example, my older cat once broke her jaw, most likely from falling out of a tree (stupid animal). She was in a miserable state, and I found her almost by chance in the morning as she called to me on my way out to work. Now, my cat used to stay out for days when she was younger, and I'd be lucky if I saw her some mornings. If an RSPCA officer found her before I did, should I be charged for animal cruelty? Of course not. As soon as I was aware, it was off to an emergency vet. If an RSPCA officer found her, I would have done the same right away. It should only be considered neglect if you have failed to act on something you are aware of.

    In your case, the cat may have had a very bad turn when the RSPCA found her (for the sake of argument). Their first port of call should have been to try and contact you. And even if they thought she was in a bad state and took here there and then (which I'd recommend they do), then the conversation with you should have been 'we thought you should know your cat is very poorly', rather than 'you've been neglecting your cat'.

    If your response what that you couldn't care less, then I'd say they have right to go down the neglect route.

    Overly long post, didn't mean to write that much.
  • sheramber
    sheramber Posts: 22,443 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    how did the RSPCA get in the back garden without your dad seeing them.
  • Well I think first of all you claim that she was removed from the garden and see if they dispute it. Her age, condition secured garden etc. would mean they would have to be pretty confident they can prove she was outside of the garden. Either way, it's forcing them to document their account of events.

    Then I would question why they didn't attempt to contact you directly before taking them to the vets. If they thought the cat was sick, then their first port of call would be to contact the owner, not to confiscate the animal.

    Either way, judging by your written account, I'd say they have a lot to answer for, and you have a strong case for prosecution, although I'm not a solicitor. The principal here is that if a cat clearly has an owner, then the first action by them should be to speak to the owner. If they don't think the response from the owner is satisfactory, then they should apply to remove the animal legally.

    As an example, my older cat once broke her jaw, most likely from falling out of a tree (stupid animal). She was in a miserable state, and I found her almost by chance in the morning as she called to me on my way out to work. Now, my cat used to stay out for days when she was younger, and I'd be lucky if I saw her some mornings. If an RSPCA officer found her before I did, should I be charged for animal cruelty? Of course not. As soon as I was aware, it was off to an emergency vet. If an RSPCA officer found her, I would have done the same right away. It should only be considered neglect if you have failed to act on something you are aware of.

    In your case, the cat may have had a very bad turn when the RSPCA found her (for the sake of argument). Their first port of call should have been to try and contact you. And even if they thought she was in a bad state and took here there and then (which I'd recommend they do), then the conversation with you should have been 'we thought you should know your cat is very poorly', rather than 'you've been neglecting your cat'.

    If your response what that you couldn't care less, then I'd say they have right to go down the neglect route.

    Overly long post, didn't mean to write that much.

    No don't worry about the long reply, it's very helpful

    I agree with everything you are saying and this is my exact argument. Of course I don't want people getting away with neglecting animals, but they should be questioned before just being accused! There are all manner of reasons why a cat is in a certain way.

    As you say, we were monitoring her very closely, we had created a secure garden and did everything we could.

    This could happen for so many reasons, a cat could have been in a fight, been neglected by children in the street or anything! But they have no process to check with the owner before whisking them away to 'sanctuary'
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