Cats are footloose and free
Unlike any other animal, cats have the unique, quirky and
wonderful status under UK law,
of the “right to roam“.
They do not have to be securely confined and can roam without any fear of legal
repercussions for their actions. They cannot trespass so neither the cats or
their owners are liable for anything they may do in the way of damage, soiling
or causing nuisance which is extremely annoying for those who hate them.
This has come about because like most captive animals, a
cat’s legal status is that of property and to kill or harm them is classified
as criminal damage under Criminal Damages Act 1971 or theft under the
Theft Act 1968. Their “freedom” is guaranteed under the Animals Act 1971 which makes
provision with respect to civil liability for damage done by animals. Cats
were assessed as being less likely than other animals to cause damage or injury
and so were not included in the Act. Technically we do not even “own”
them.
So they are footloose and free in many ways and there is no mandatory
need to neuter or vaccinate them, no restriction on how many you can have in
your possession, no licensing or registration and no controls over breeding and
this is where the problem lies.
This situation in many instances can lead to people taking the
law into their own hands and committing retaliatory acts of cruelty on them or
even to shoot, poison or otherwise kill them. Some people have even been known
to go to the lengths of catching their neighbour’s nuisance cat and abandoning
it a long distance away.
Their freedom comes with drawbacks
Although this status is wonderful for the cats it comes with
many drawbacks. The lack of control has led to an ongoing “cat crisis” in the
UK which has lasted for decades involving thousands of lost, abandoned, and
unwanted cats. Charities spend huge amounts each year trying to repatriate them
and combat indiscriminate breeding and feckless ownership.
They have a perceived
reputation as a nuisance and many people view them as a vile
pest and they hate them. This hatred stems from their destructive
behaviours and toiletry habits in garden flower and vegetable beds, their
penchant for showing their natural instincts by catching birds, amphibians and
small animals and their use of claws to cause damage. Cats face similar
problems all over the world, particularly in the USA,
Australia and New Zealand.
Cats Matter Too
When it comes to legislation our focus is consistently on dog
issues, and cat interests are totally ignored as though they do not matter. It
is impossible to ever get control of the cat population, enhance their
reputation and to improve their well-being, health, and welfare without some
form of legislation. I am not suggesting for one minute that the “freedom to
roam” status of cats should be stopped or restricted, but there is a definite
need for some form of legislation to protect cats, their ‘owners’ and cat
haters from each other and improve the general well-being of UK cats.
