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  #31 (permalink)  
Old 05-04-2008, 09:33 AM
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I recently issued this guidance to dealing with the RSPCA to all pet shops in the UK. Whilst this guidance is aimed at pet shops the principles are the same for private individuals. Nevertheless I will amend this for private keepers and make it available shortly. However, this information is worth keeping to hand for the present:



Know your rights

Do the RSPCA have the right to demand to inspect my shop, question me or my staff, or examine my animals?

NO: The RSPCA have no legal powers, or rights, over and above that of any other member of the general public, they are not formal Animal Welfare Inspectors under the new Act.

Can the RSPCA issue me with a formal ‘Improvement Notice’ under the new Act?

NO: Only an Animal Welfare Inspector can legally issue an Improvement Notice.

The RSPCA call themselves the Animal Police, wear a police style uniform have ranks (Inspector, Chief Inspector etc) & issue cautions, does this mean they are law enforcement officers?

NO: The RSPCA is a charity, not a statutory law enforcement agency. It is a serious offence to impersonate a police officer. The caution used by the RSPCA is taken from the The Police and Criminal Evidence Act (PACE) and can be used by anyone.

If I refuse to cooperate with the RSPCA can they arrest me?

NO: The RSPCA have no more powers of arrest than any other member of the general public. The caution used by the RSPCA starts with the phrase “You are not under arrest”, which implies they have the power to arrest, but this is purely an intimidatory tacit.

Do I have the right to ask the RSPCA to leave my premises?

YES: The RSPCA must leave your premises at your request, otherwise they commit the offence of trespass.

Do the RSPCA have the right to seize animals?

NO: Only a police officer or Animal Welfare Inspector appointed by the Local Authority can seize animals - the RSPCA have no power to seize or confiscate anything.

Can a police officer or animal welfare inspector seize animals and give them to the RSPCA?

YES: A police officer or animal welfare inspector can seize animals, under certain circumstances, and he can place the animals in the temporary care of the RSPCA. However, whoever seized the animals is legally responsible for anything seized.

If the police or animal welfare inspector seize my animals should they give me a receipt?

YES: If the police officer or animal welfare inspector seizes your animals you are entitled to demand a receipt from them. Do not sign any receipt offered by the RSPCA.

Do the RSPCA have the right to be on my premises if named on a Warrant issued by a Magistrate?

YES: If a warrant has been lawfully issued by a Magistrate and it names the RSPCA then they have right of entry.

What do I do if the RSPCA want to inspect my shop or ask me questions, or say they have received a complaint?

In light of recent developments, and taking into consideration the RSPCA position against pet shops, REPTA’s advice is do not answer any questions verbally. Ask the RSPCA to put any questions in writing and inform them that they will be answered in writing as soon as possible.


Call REPTA immediately for guidance

Advice is free & in total confidence

023 8044 0999

Last edited by Chris Newman; 05-04-2008 at 09:38 AM..
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  #32 (permalink)  
Old 05-04-2008, 02:06 PM
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Oh dear Ian 14 is upset.People don't like the rspca.Perhaps if you explained more about the 'legal requirement' you mentioned in your first post it would enlighten us.Also I would like clarification on the 'duty to investigate' you mentioned. Is this a legal term? If you are 100% certain that the rspca never act illegally what do you make of the links in the rest of the posts? Are they made up? Lies? Conspiracy theories? Do the experts count as honest witnesses if they are on the payroll of the rspca? As an officer of the law do you condone this?The comment by the senior officer over illegal entry says the end justifies the means.What is your opinion on this? Far from me needing to grow up I suggest it is you that needs to wake up.
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  #33 (permalink)  
Old 05-04-2008, 02:20 PM
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The RSPCA as a principle is a good idea. An organisation set up to deal with cases of animal cruelty. Somewhere along the way it has become a politically orientated, self serving animal , whose initial raison d'etre has now morphed into an organisation hell bent on deciding for themselves what animals can and can't be kept by the public and forcing these ideas in through legislation. It seems to me that if the RSPCA don't know about the husbandry of an animal then it shouldn't be allowed to be kept in captivity. Add to this the "traffic Warden" mentality of "I have a uniform, therefore I'm important and you will respect my authority" and you have a recipe for disaster.
I have read too many stories and reports of bully boy tactics and shoddy practice by inspectors to believe that this is all one big conspiracy cooked up by pet owners to discredit a fine organisation.
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  #34 (permalink)  
Old 05-04-2008, 03:55 PM
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Quote:
Originally Posted by stuartdouglas View Post
The RSPCA as a principle is a good idea. An organisation set up to deal with cases of animal cruelty. Somewhere along the way it has become a politically orientated, self serving animal , whose initial raison d'etre has now morphed into an organisation hell bent on deciding for themselves what animals can and can't be kept by the public and forcing these ideas in through legislation. It seems to me that if the RSPCA don't know about the husbandry of an animal then it shouldn't be allowed to be kept in captivity. Add to this the "traffic Warden" mentality of "I have a uniform, therefore I'm important and you will respect my authority" and you have a recipe for disaster.
I have read too many stories and reports of bully boy tactics and shoddy practice by inspectors to believe that this is all one big conspiracy cooked up by pet owners to discredit a fine organisation.
Very well said.
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  #35 (permalink)  
Old 06-04-2008, 01:55 PM
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To Ian14, I would say that I agree sometimes people make knee-jerk comments without thinking. Unfortunately that has become a way of life in this country at the moment, which is why I stopped reading the "comments" on the websites of some national newspapers - most of them were so knee-jerk and vitriolic that they did more damage to the argument they were supporting.

However......

One thing that I think especially worries many of us is the willingness of most of the RSPCA's ruling committee to apparently sign up to the more extremist animal rights agenda by their membership of groups such as Animal Aid. Most ordinary RSPCA grassroots workers and supporters are probably quite decent people - the few I have come across seem to be. But they are not the ones making the decisions about the philosophy and thus the aims of the group, are they? Please correct me if I am wrong, anybody.
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  #36 (permalink)  
Old 08-04-2008, 09:40 PM
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lots of info on this site reguarding dealing with the RSPCA

The Shg for Farmers, Pet Owners and Others Experiencing Difficulties with the RSPCA
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  #37 (permalink)  
Old 09-04-2008, 12:26 AM
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I wonder sometimes if the people who post the one off topics about the rspca and then disappear are just trolling or are they really daft enough to believe that reptile keepers are against the rspca because they secretly enjoy keeping their animals in bad conditions? Every keeper has said more or less the same thing, i.e. a damn good organisation spoilt by the people who run it for profit first and animal welfare second. These keepers spend there last penny on their animals. A lot of us are familiar with the baked bean diet.The breeding records alone signify what a great job they are doing. I wish we had official figures on how many species are captive bred routinely nowadays so that we can nail the 'hard to keep and dies within a year' myth and move onto the next lie. When the fbh offered to write a memorandum document and work with these people how could they, if they are for animals turn it down? It is madness when so many problems could have been solved. Is there a political reason? Do they look on it as losing face or relinquishing power? Or would the fact that they would have to admit that we actually know our herpetology better than 99% of them ever could be too much? The people at the top of this organisation risk losing contributors and volunteers as more of the public are becoming aware of the situation. It's a wonder the inspectors that actually do the work don't get together and force these ar people at the top to sod off and get back to animal welfare. The one ideal we can all agree on. Harry
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  #38 (permalink)  
Old 09-04-2008, 12:58 AM
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If you want to see some bad things about the RSPCA then check the thread about a women who told them to go away. A charity should NOT be acting like this and its obvious (including my dealings with them) that they are a pack of phenomenal idiots.
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  #39 (permalink)  
Old 09-04-2008, 01:24 AM
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I totally agree with you.I was just trying to post something that wouldn't be seen as totally anti rspca like most of my posts are unfortunately. It's a shame that they are so anti reptile keeping when they cannot in all fairness give a sensible argument to back their outlandish claims up.People like Warwick don't help when it's obvious when you read the drivel he spurts that he hasn't got a clue when it comes to reptile husbandry. It's probably no different to the rest of the asylum we live in now the lunartics have taken over. I worry about our hobby when I hear that the likes of Hilary Benn have a say in what we do. No wonder everybody is buggering off. Harry
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  #40 (permalink)  
Old 09-04-2008, 11:29 AM
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Quote:
Originally Posted by Fangio View Post
Phone them, tell them you don't keep snakes and not to waste your time.

Also add that as it's not illegal to keep or sell snakes then they can go jump even if it were true.
can i just ask mate is the house urs or is a council house i only ask cus a friend of mine who lived in a council propty had some shit with rspca but they couldnt do anything so they informed the council and he had to really downsize or risk losing his house so if i was u if uve only got 1 snake as apet id invite them in and prove it to them then tell em go get ed
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