Minutes:
The Chair noted that the report title should have been ‘…its relationship with the RSPCA and other bodies’.
Gareth Walters and Zoe Phillips delivered a presentation and answered the members’ questions.
The overview set out that Monmouthshire’s Animal Health & Welfare Service plays a critical role in protecting animal welfare, public health, the local economy and community wellbeing, delivering both statutory and increasingly essential non?statutory functions as welfare pressures rise. Gareth Walters explained that the service operates with limited and highly specialized resources, including a small team of animal health and trading standards officers and support from the national Animal Licensing Wales (ALW) model. Zoe Phillips outlined the extensive statutory powers held by local authorities under animal health and welfare legislation, including inspection, enforcement and seizure powers, and emphasized that these powers do not extend to charities such as the RSPCA, which cannot lawfully enter premises or take enforcement action without council or police involvement.
The presentation also highlighted the breadth of regulatory work undertaken, from farm and market inspections to dog?breeding, abattoir investigations and reactive welfare complaints, alongside growing pressures linked to increased companion?animal cases, cost?of?living impacts and reduced capacity in charities and policing. Limits on data?sharing with charities were explained in legal terms, particularly around GDPR and the absence of statutory powers. Looking ahead, Gareth identified key priorities including workforce resilience, embedding the ALW national approach, preparing for new legislation and managing rising and more complex enforcement demands, warning of reputational risks if expectations and resources are misaligned. He concluded by stressing the strategic role of members in shaping realistic expectations, helping residents understand the council’s powers and constraints, and recognising that animal welfare issues often sit within wider social challenges.
Questions:
How many inspectors does the Council have to cover the whole of Monmouthshire?
The Council currently has 3.8 FTE officers covering Animal Health and Fair Trading. One post is temporary, funded through the feed delivery programme. Another officer has a broader Trading Standards remit, reducing capacity. For licensing work, Animal Licensing Wales has 10 officers available nationally, but they cover all of Wales, not just Monmouthshire.
How is the service managing with so few officers?
The team’s work is highly reactive, responding to issues as they arise. They rely on additional expert support from Animal Licensing Wales when necessary. If temporary funding stopped, the capacity challenge would worsen.
Has there been an increase in animal neglect cases due to the COVID?era surge in dog ownership?
There is no formal data available to quantify the increase. However, the service is seeing a rise in issues involving dogs, with problems likely still building rather than peaking. Some cases are hidden because veterinary practices deal with many issues directly, so the full picture is not visible to the Council.
Residents say veterinary bills are extremely high — does the Council have any role in vet?practice regulation?
The Council does not regulate veterinary businesses. However, the Competition and Markets Authority (CMA) is actively investigating vet?practice pricing and commercial practices. Their interim report identifies practices the CMA believes are problematic or unfair, including issues linked to large corporate ownership. The Veterinary Surgeons Act is currently under review, and a consultation is open. Officers encourage members (and the public) to contribute to that consultation, as it could help address concerns around fees and veterinary regulation.
When the Council rescues animals (such as horses on verges or farmland), what powers does it have to remove them, and who ultimately pays for their care?
The Council can take animals into possession only if they are suffering or if they are likely to suffer and urgent action is required. When animals are removed they must be accommodated in appropriate facilities (e.g., through charity partners). Costs can be recovered if a prosecution succeeds. In farm?animal cases, seized livestock can sometimes be sold to recover costs. In companion?animal cases (dogs, etc.), there is usually no resale value, so costs fall back on the Council if court processes are slow. Officers must act case?by?case, balancing urgency, welfare, and cost, but cost is not allowed to prevent action where suffering is evident.
Do officers try to work with owners before enforcement, and how far does that go before animals are seized?
Yes, the Council always tries to work with owners first. This includes advice, ‘Improvement notices’, repeat visits, and escalating non?compliance gradually. Only when this fails, or where animals are actively suffering, do officers move to seizure or stronger enforcement.
Are there risks that officers are pulled into issues that are not strictly animal?welfare problems?
Yes, officers often get drawn into wider community problems where an animal is present, even if the primary issue is not welfare. If they had earlier information, they could often intervene before matters escalate. The team encourages members to contact the team early when problems emerge.
Is society doing enough to tackle animal neglect? Why are basic welfare concerns (e.g., dogs left outside, lack of warmth, poor treatment) not acted upon?
Enforcement thresholds are set by legislation (Animal Welfare Act 2006). Officers can only intervene when there is evidence of suffering or a likely risk of suffering. National legislation is outdated and not always fit for purpose; Wales is pressing for reforms. EU Regulation 2017/625 effectively requires councils to enforce more welfare work – but without matching resources. More resourcing and updated legislation are needed to address exactly the kinds of concerns raised.
Should dog and cat ownership require licensing, given the scale of abuse and neglect?
Licensing of owners would require new primary legislation, which is not currently in place. Welsh Government is reviewing several aspects of dog?breeding legislation, which may indirectly address irresponsible ownership. Animal Licensing Wales is already tackling unlicensed breeders and tightening enforcement at the breeding stage, which is the root of later problems.
As effective action requires co?operation, why can’t councils and charities (e.g., RSPCA, Dogs Trust, Battersea) share intelligence to protect animals?
Under GDPR and the Data Protection Act, the Council is not legally permitted to share data with non?statutory bodies. RSPCA and other charities have no legal enforcement powers, so there is no lawful gateway for data?sharing. Conversely, some charities also refuse to share data back with councils. This is a major operational challenge and is being raised nationally.
What legislation prevents ‘back?street’ breeding, and how is the Council tackling it?
Two different laws apply: 1. Dog Breeding (Wales) Regulations 2014 (a licence is required if a breeder has three or more breeding bitches and three or more litters per year) and 2. Licensing of Activities Involving Animals Regulations (LAIA; if someone makes over £1,000 profit and advertises puppies as a business, they require a licence, even for a single litter.) A recent barrister’s opinion confirms that many one?off online sellers do meet the definition of a business and therefore require licences. Non?compliant breeders are now being formally written to. Mentioning an HMRC referral often stops illegal breeders abruptly.
How can responsible dog ownership be promoted? Education is essential, as children often notice signs of mistreatment first.
Officers agree that early education is crucial and aligns with national priorities. The team’s preventative work has reduced due to capacity pressures, and they now act reactively far more than they would like. Embedding animal?welfare awareness in the curriculum could help to change long?term culture and prevent future problems.
Can more be done through social media and public communication?
Animal Licensing Wales is developing stronger public?education content, including increased social media guidance. Their website is being expanded into an information portal for responsible ownership and licensing rules.
Do the fixed?penalty?notice powers proposed by officers apply to domestic situations as well as commercial settings (e.g., kennels, breeders)?
Yes, the aim is for fixed penalty notices (FPNs) to apply to any breach of Section 9 duty of care, which covers all animals, including those in domestic homes. However, this would require new legislative powers, which are currently being discussed with Welsh Government. Using FPNs would allow LAs to intervene earlier and recover costs, but they are not currently available.
How difficult is it to obtain a warrant in domestic?premises cases, and what kind of evidence do you need?
It is difficult. Entry into private dwellings engages human?rights protections, so officers must justify necessity. Evidence must show an animal is suffering, or is likely to suffer, and a warrant is needed to secure evidence or reach the animal. Getting a warrant requires clear intelligence (complaints, vet evidence, photos, etc.), legal thresholds being met, and a magistrate’s approval. Warrants are often used when dealing with commercial breeders operating inside domestic homes, where evidence supports repeated breeding or business activity.
If councils cannot share information with the RSPCA due to data?protection law, how does enforcement work in practice?
Councils cannot legally share personal data (names, addresses, case details) with the RSPCA because the RSPCA is not a statutory authority and has no enforcement powers under animal?welfare legislation. GDPR and the Data Protection Act prohibit creating informal gateways for sharing. The RSPCA also increasingly refuses to share information back with councils, citing their own legal obligations.
If an animal is suffering in a house but no breeding is taking place, who deals with it?
Historically, such cases went to the RSPCA because they handled domestic issues voluntarily. However, they now take fewer cases, and police also have reduced capacity. This means councils are increasingly being pulled into domestic welfare situations even though resources and powers are limited.
Are there legal mechanisms that allow councils to intervene more readily in domestic?animal?welfare cases?
Section 18 of the Animal Welfare Act allows councils to intervene only when there is evidence of suffering or a clear likelihood of it. Officers emphasise that Section 19 (entry/search) powers cannot be used simply because people suspect neglect – the legal threshold must still be met. Some councils argue the Animal Health Act might permit easier entry, but officers consider this to be incompatible with human?rights law, and warrants remain essential.
Chair’s Summary:
Thank you to the officers for their presentation and responses to the members’ questions. The committee requests that they receive a copy of the slide deck, and that an all-Members Workshop on the topic is arranged – ACTIONS