1948 National Assistance Act

Perhaps a mod can move this to the best place?

It occured to me that some rescues don't know about this very useful piece of legislation. Very often pressure is placed on us to take in pets of elderly people who are in hospital or who have been moved suddenly to sheltered housing without first making arrangements for their pets. It is usually the case that these pets are being boarded in catteries or kennels and the fees are the main issue for local authorities or relatives. Before now I have actually had social workers 'threaten' me with reporting to the charities commision for saying I simply had no room to take the cat into care.

But in fact, under section 48 of the 1948 National Assistance act the onus is on the local authority to take care of the person's possessions (the pet!) while perminant decisions can be made. So the council has a legal obligation to pay boarding fees. This act has saved rescues lots of cash over the years and, more importantly given breathing space to find a fosterer or attempt to rehome direct from the cattery/kennel. Spread the word!

Very interesting. Something I bet local auhorities tend to forget from time to time..

Is a pet classed as a personal possession though?

Yes I think it is. I'm sure when Bailiffs are involved in a debt case they are allowed to take pets for that reason. I may be wrong though

Yes, we've used this act a few times ourselves to save cats and I know a few our branches of Cats Protection have - that's how I got to hear of it myself. Some councils are very good at assisting the pets of people under their care but others do 'forget' about this until reminded of their legal duty.

Sadly, we know of one case in our area of a much loved cat, belonging to a stroke victim, who was PTS on council orders BEFORE we learnt of this act and could stop it. When the lady heard what had happened to her puss, she passed away within a few hours.

yes sadly pets are classed as possesions

Thank you for this. We haven't needed to bash LAs on the head with this yet but its good to know the legislation is there for us to use.

If memory serves me correct it's only cats that are classed as possession as it's illegal to steal someone's cat but not thier dog, could be vice versa, wouldn't know without checking my college work which is back in swindon >.<

This looks like it covers it, ie, pets are possessions, or that,s how it reads to me, assuming domesticated pets were once, albeit long ago, wild. http://legal-dictionary.thefreedictionary.com/Personal+possession