Investigations

Investigations


As well as gathering photographic and video evidence of the way animal welfare enforcers and their partners keep animals in their care etc, F.A.I.R. have been looking at their other workings and the way they operate.

In the two years F.A.I.R have been looking into animal welfare, its legislation and the way that legislation is enforced the findings are astounding. We all presume when a person is convicted of a crime, they must be guilty, how wrong can one be!. Most of us also presume the RSPCA are the official enforcers of any animal welfare legislation and as such you can trust them to be doing everything legal and legitimate, unfortunately that is not always the case. and nor are they official in any capacity of the law in England and Wales, the RSPCA have no more powers than any other ordinary member of the public.

The RSPCA has a very high prosecution success rate, much higher than the CPS. Is this an indicator that the RSPCA are fantastic at bringing prosecutions?, or as some of it's victims would suggest, that they will in fact go to any lengths to secure a prosecution?. Some people, including some MP's, see these claims as "unjustified gripes" from people who have been prosecuted by the RSPCA. However if we consider prosecutions brought by the CPS, or indeed any official, accountable, prosecuting body, there is just a tiny percentage of people, prosecuted by these bodies, who claim it was a miscarriage of justice, the prosecution lied etc, compared to the majority of people who, having been prosecuted by the RSPCA via a private prosecution, makeing those claims. This must, at least raise the question of why? Why do the majority prosecuted by the RSPCA protest so?.

MPs and judges alike have passed comment on some of the prosecutions brought by the RSPCA and questioned, if indeed they (the RSPCA) should be prosecuting at all. These comments and concerns cannot be said to be, "unjustified gripes", from people the RSPCA have prosecuted! 

One example is District Judge Justin Barron who chastised the RSPCA over a press release issued after another of their private prosecutions, claiming it was an 'emotional statement not appropriately balanced'.
The district Judge also said: 'It led to the impression he had been found guilty of deliberately and gratuitously causing suffering to animals which wasn't my finding.'
District Judge Barron went on to say the case made him consider 'whether the RSPCA should continue to conduct its own prosecutions'.

Journalists have referred to them as 'over zealous', solicitors and barristers have claimed the RSPCA are 'bullies', Ministers put the RSPCA on probation for 2 years in February 2017 over its controversial prosecutions policy. Even the public are quickly losing favour with the charity, which can be witnessed on any social media platform and beginning to reflect this in the drop in donations to the RSPCA. Yet the charity maintains its arrogant attitude, that they do no wrong.

In 1985 the Attorney General took the RSPCA to court, for contempt of court, of which they were found guilty and fined. One of their Inspectors had given evidence for the defence, against the RSPCA and was then reprimanded by the RSPCA for doing so, this act was held to be contempt of court. It states within the transcript of that case that the Inspector was reprimanded, along side the fact of him telling the truth in court, because in his eight years of being an Inspector, he had failed to bring forward any prosecutions! The RSPCA would do well to remember the words of their founder Richard Martin:
“It would be ill judged for it to become known as a prosecuting society and the prime aim should be to alter the moral feelings of the country.” 
Yet many peoples views are they are just that, a prosecuting society, and the above court case only seems to strengthen that view.

2012 saw the RSPCA come under fire for spending a staggering amount of money on prosecuting the Heythrop hunt.
Tim Patterson the judge in the case, said he was staggered the RSPCA spent nearly £330,000 prosecuting David Cameron’s hunt.  He said it wasn’t his place to offer an opinion but that members of the public could ask if the animal charity could better spend its money. 
During an inquiry in 2014 following this prosecution,  It was  said "The RSPCA should stop attempting to bring criminal prosecutions against hunts, the charity should also rethink its longstanding role of taking animal cruelty cases to court, and help develop a new system in which it would work with Government agencies to bring offenders to book". 

Read more here: https://metro.co.uk/2012/12/17/rspca-spent-staggering-330000-on-fox-hunting-case-3320334/?ito=cbshare

And here: https://www.dailymail.co.uk/news/article-2777272/RSPCA-stop-trying-prosecute-fox-hunters-Inquiry-tells-charity-rethink-taking-animal-cruelty-cases-court.html


In 2013 there was much trouble for the RSPCA when they took away Claude the cat and put him to sleep.
Timeline of events in Claude the cat saga:

    May 2013 - Claude is euthanised against the wishes of the owners after receiving a call from a member of the public

    November 2013 - RSPCA begins legal proceedings against owners Mr and Mrs Byrnes

    August 2014 - Director of Public Prosecutions drops the charges as they fail to meet the tests set out in the Code for Crown Prosecutors

    November 2014 - RSPCA apologises to Mr and Mrs Byrnes.

The many and continued failings of the RSPCA initiated the Wooler review, in late 2013 the RSPCA said they had appointed Stephen Wooler, a former chief inspector of HM Crown Prosecution Service Inspectorate to review their private prosecutions. The RSPCA denied that the move was triggered by criticism of its controversial decision to prosecute the Heythrop Hunt.

September 2014 and the review, though somewhat watered down some claim, was released and there were 33 recommendations which the RSPCA would do well to implement. The RSPCA gave assurances that they would comply with the recommendations.

In September 2015 it was revealed that the RSPCA had shot eleven healthy horses, they then claimed boarding and other care costs for the already dead horses for over 100 days, as part of a private prosecution through the courts, amounting to tens of thousands of pounds. The discovery of this "error" resulted in the RSPCA offering no evidence at the appeal and the convictions given in the magistrates court were quashed.

April 2016 and The Telegraph newspaper printed an article about police chiefs calling for a a single agency, preferably a statutory body funded by Government to undertake animal welfare prosecutions. 
An RSPCA spokesman claimed in the article: "Our successful investigative and prosecution work saves the taxpayer an estimated £43million each year, with 796 defendants being convicted of 1,781 animal cruelty offences in 2015 at a success rate of 92.4 per cent".
The full article can be found here: https://www.telegraph.co.uk/news/2016/04/09/rspca-should-be-stripped-of-right-to-pursue-hunts-or-pet-owners/.

We are not quite sure how they have saved the tax payer any amount of money as RSPCA prosecution costs are often claimed for from the public purse, add on top of that, the amount of all the legal aid fees paid to defend the cases they bring, most of which probably would not meet the CPS standards of prosecution and all the NHS costs on top to treat all the illnesses their prosecutions have attributed to or exacerbated due to the way they handle and persue them and their prosecutions are actually costing the tax payer and society great amounts.

              £54,000 paid out of public funds,

          to the RSPCA, for just one of their cases in 2008.



Also in 2016 a review of the Animal Welfare Act 2006 was started by the Environment Food and Rural Affairs Committee into the effectiveness, its enforcement with regards to domestic animals and whether it remains “fit for purpose”. During this review the committee consulted with the RSPCA, to take oral evidence. Giving evidence was Haylay Firman, who had only very recently been appointed as head of prosecutions, to fulfil one of the recommendations by Stephen Wooler from almost 2 years earlier! just in time for this review, another ploy to hoodwink the government. However Hayley Firman did not succeed in convincing the committee that her use of the word "interfered" was a slip, when she said "Specifically in the last five years, we have had three cases that have been referred and interfered with by the CPS". 

She also stated surrounding the suggestion that the RSPCA should pass prosecutions to the CPS: "what would happen is that the RSPCA would investigate the case, incur the welfare costs, have to make a decision, institute proceedings and probably incur legal costs. We would then have to forward it to the police, who would then forward it to the CPS, and there would be no guarantee that it would take the case on if the tests had not been met. The likelihood is that it would have to be sent back to us in order for us to continue to prosecute it". That implies that the RSPCA would continue to prosecute, even though the cps had refused to because the tests had not been met, yet the RSPCA claim to work to those exact same tests as the cps, now there is a contradiction if ever we saw one.

There was also lip service paid by the RSPCA, to the discussion of an oversight panel and the RSPCA's complaints procedure, these were two of the 33 recommendations made by Stephen Wooler in his review, all this almost two years after the recommendations had been made and still little progress had been made as to those recommendations.


The end of 2016 saw the RSPCA fined £25,000 for wealth screening. £25,000 of donations, money donated to help animals.


The government have not wholly been taken in by the RSPCA it would seem, as Ministers put the RSPCA on probation for two years in early 2017, to "give them time to implement the recommendations", but seriously, when are the government going to grow some teeth and deal with this charity in a way they deserve. To date there is still no news as to the outcome of this probation period!.


June 2017 and RSPCA were trying to defend allegations that they spent more than one million pounds on a property to look after three cats. It was claimed , Katie Toms, whose mother Daphne Harris chaired the RSPCA national council, lives in the four-bedroom house in Headcorn, Kent, rent-free.. The full story can be read here:

https://www.metro.news/rspca-defends-spending-1million-on-property-that-looks-after-cats/638458/


2018 and the RSPCA were in the headlines again, this time for awarding a former chief executive a six-figure pay-off. Acting head Michael Ward was paid a sum more than his £150,000 salary when he left. Mr Ward, 57, received the pay-off after he said he did not get the permanent post because of his age. An official warning, which did not name Mr Ward or include details of his pay-off, said the failings amounted to "mismanagement in the administration of the charity". Mismanagement of funds donated by the public to be used to help animals, or so they believed!


2020 does not seem to be a good year for the RSPCA, involved in disputes, not only with it's own staff but with Unite the union also. Tulip Siddiq, the Labour MP for Hampstead and Kilburn was deeply concerned about the dispute, saying the charity has been 'making efforts to to effectively derecognise' the union Unite; the RSPCA rejected the claims. The MP wrote to Chris Sherwood, CEO of the RSPCA expressing her concerns, saying "I am concerned that if the RSPCA insists on dismissing hard-working staff who do not want to sign the new contracts there will be repercussions on animal welfare, as well damage to the good reputation of the society".

Had Tulip actually done any meaningful research into the RSPCA F.A.I.R. believe she would have found that the 'good reputation' is already damaged, hence the fall in donations and the publics faith in the RSPCA on matters of animal welfare are also somewhat in tatters.


February 2020 and the RSPCA were in the news again, this time for prosecuting a farmer for causing unnecessary suffering to an already dead sheep, Judge Peter Veits said that the case raised concerns over the charity’s role as a prosecutor. He said that it had “become involved in matters that could have been left to the appropriate bodies”.


Not only do the RSPCA bring private prosecutions they also campaign for laws to be changed, usually to their advantage as these are the laws they will use to prosecute people, the Government take advise from the RSPCA on these matters, so basically asking them what exactly they want! They investigate and also prosecute by way of private prosecution. Yet they maintain there is no conflict of interest as all matters are separate. we, like others, simply do not believe or accept this. The publicity the RSPCA gets after every successful prosecution is free publicity and by far the best publicity tool they have.

In fact we believe the private prosecutions brought by the RSPCA are no better than cases which were brought by Common informers, which was essentially repealed in 1951. Especially when one considers the prosecutor, who is not the victim when the RSPCA bring a private prosecution, exactly as the common informer was not a victim, is then awarded eye watering amounts of money for looking after the animals, which the defendant is being prosecuted for, often kept in a no better fashion than the accused himself allegedly kept them, if one believes the prosecutors accusations, then also awarded the said animals to do with as they wish, add to that the free publicity, the benefit to the charity certainly seems to be on a parallel with the common informer who sir lord coke called “Viperous Vermin”.


Meanwhile why all this is going on and the government and its departments fail to bring any kind of action against the RSPCA, they (the rspca) continue to do as they please, destroying peoples lives, destroying animals in their thousands and breaking the very same laws they are prosecuting others for.






Next we will take a look at the way the RSPCA may carry out an investigation or build a case against someone, most of it will probably be unlawful.


It may be that you know nothing about the RSPCA’s interest in you until they knock on the door or climb over your gate, with the police in tow, to raid your property or they may have harassed you for many months or even years before this happens. There are many reasons and many scenarios as to how they go about their unlawful activities, though the police usually refer to the RSPCA “going about their lawful business” the relationship between the RSPCA and police is not sanctioned or authorised by law and so could be an unlawful act either criminal or civil and the question about the relationship between the police and private prosecutors is a question which was sent to the home office some time ago and still awaiting clarification.


Every visit the RSPCA make to you is all about building a case, if they imply things are fine or they leave one of their NON STATUTORY notices, then come back a few days later to check if you have done what they demanded and make out all is now fine, they are probably using these incidents to build a case against you. They sometimes fabricate things just to leave a non statutory notice, as that looks like there is a problem with your animals when in fact there are none, they have been known to leave multiple numbers of the same notice on the same date for the non-existent problem to more than one member of the family identifying each one as a possible co owner, so it makes for a higher number of notices given in a certain period of time, again another little trick of theirs to mislead people and misrepresent the facts. They may also indicate that a problem has been rectified after leaving one of their non statutory notices, only to bring charges at a later date many months after giving the owner the impression that the notice has been complied with. Something which could not be done after issue and compliance of a STATUTORY notice by a local authority appointed inspector under the act, or official inspector, because of the safeguards written in section 10 of the animal welfare act 2006. 


The RSPCA have no powers to enter on your land, but this will not stop them doing just that either. They will trespass against you, mislead you into believing they have powers and rights which they do not have, lie to you and pretend they want to help you, this will eventually turn into them making demands of you and making threats if you do not comply. Anything other than absolute complicity and submission from you and they will mark you as either, aggressive, uncooperative, stupid or having mental health problems etc and it will be used against you. All they want is your animals which they will get any way they see fit, whether that be by tricking or scaring you into signing over your animals to them, threatening you into submission or prosecuting you. They may even visit your neighbours, trying to blacken your name and ask them leading questions about you. There is nothing they will not do to get what they want. All of this is in reality harassment but the police will not take any reports of harassment against the RSPCA, so unless you can afford to take them to court yourself it seems you are stuck in this situation with no remedy.


At some point they will involve the police in all of this and the police will agree that they need the RSPCA there as the RSPCA are the experts, we are not sure what qualifies the RSPCA inspectors as experts as they have no formal qualifications and often not enough animal experience to claim the title of expert. When you consider that the RSPCA claim to be responding to a complaint from a normal member of the public of animals suffering, quite possibly someone who simply has a grudge against you or knows nothing about the species of animal they are complaining about and combined with the inspector not being an expert, yet this combination seems to identify suffering and abused animals, we are sure that an average police constable could spot if an animal is suffering! the government obviously also believe this to be the case as they gave constables powers with veterinary certification or without the need for a vet under the animal welfare act 2006. Are the police saying they are not capable of doing this job? If so shouldn’t they be taking that up with the government and explaining why they cannot spot an animal suffering and in need of help?. If this is the case then it raises many more questions in our opinion.


Getting back to the RSPCA and the police’s unhealthy relationship, the RSPCA often approach the police to apply to the magistrates court for a warrant, as the RSPCA have no powers to do this. The police will believe everything the RSPCA tell them without doing their own checking of facts or any sort of investigation themselves, stating the RSPCA’s lies and over exaggeration as the reason for needing a warrant. The magistrate will issue the warrant on the back of all this without notice to the property owner because the RSPCA always tell the police that if the owner knew about the application for a warrant, they will move the animals, though they usually have no proof of this and no valid reason to back this up. So with warrant in hand, or sometimes even without a warrant, RSPCA inspectors, animal collection officers, any other animal charity the RSPCA feel like involving, police officers and the RSPCA’s favoured vets, who may travel hundreds of miles across the country will descend upon you. Usually this is early morning, before you have cleaned out or fed your animals, add to that strangers upsetting any animals on the property and you will have a mess on top of morning mess, from very upset and frightened animals, perfect for video and photographs. Video and photographs which will probably only be taken after the RSPCA have already been all over the property, so videos and photographs in these instances are not a true account of their findings and gives them time to set things up just as they want them, why is this never challenged in court?. The police are the ones who execute the warrant or force entry without warrant, but you will find that is just about as far as their involvement will be, unless the RSPCA demand that the owner be arrested, then they will carry this order out for the RSPCA and use the excuse that it is to prevent a breach of the peace or some other feeble excuse. The police will just stand about and allow the RSPCA to do as they please, RSPCA instruct the vets, not the other way round, the seizing of animals is never a police constables decision, as provided for in law. The RSPCA are always firmly in charge of what is seized often the police have no idea of what has been seized or even where or how this police seized evidence is going to be kept and they certainly will not tell you, the owner, where your animals are being taken to.


The RSPCA will probably try to insist they interview you after they have had everything seized they want seizing. We would advise you to refuse, they cannot force you to be interviewed, if you agree to being interviewed by the RSPCA insist it is done at a police station with your solicitor present, because for some strange reason the police allow the RSPCA to use the police stations for this activity, though we do not know of any other members of the public who are afforded this privilege. We would love to hear from anyone who can correct us on this matter.


Now the RSPCA have your animals and any other property they had seized for them, you will find it almost impossible to get any contact with them, call backs will take well over a week, arranging for a vet to go and check on your animals will be impossible. One of their favourite excuses to delay contact seems to be ‘the inspector is on holiday, they will contact you when they return’!. This ‘investigation’ will take up the full six months before a summons drops through your door. All this time you will be without a solicitor, unless you can afford to pay privately as legal aid will not be available until you are issued with a summons.


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