26. Just as relevant are a veterinary surgeon's concerns about an owner's refusal to consent to euthanasia where an animal's immediate welfare is compromised. After full consideration of all the relevant issues, veterinary surgeons can only advise their clients and act in accordance with their professional judgement. Where an animal's welfare is compromised because of an owner's refusal to allow euthanasia, a veterinary surgeon would be justified in informing the client of other action which might be taken.
Euthanasia without the owner's consent
27. The Animal Welfare Act 2006 (which applies in England and Wales), the Animal Health and Welfare (Scotland) Act 2006 and the Welfare of Animals (Northern Ireland) Act 1972 contain provisions to safeguard the welfare of animals. For animals in distress, there are no provisions in these Acts which specifically authorise a veterinary surgeon to destroy an animal. Under the 2006 Acts, powers to destroy an animal or arrange for its destruction are conferred on an inspector (who may be appointed by the local authority) or a constable. A veterinary surgeon may be asked to certify the condition of the animal is such that it should in its own interests be destroyed. An inspector or constable may act without a veterinary certificate if there is no reasonable alternative to destruction and the need for action is such that it is not reasonably practical to wait for a veterinary surgeon.
28. Under the Welfare of Animals (Northern Ireland) Act 1972, the police may summon a veterinary surgeon, or take action themselves, where the owner refuses to give consent or is absent.
29. The veterinary surgeon should obtain a written and signed instruction to destroy from the officer in charge, including his identity number and the log number of the incident at a given police station.
30. However, a person may commit an offence if an act or failure to act causes an animal to suffer unnecessarily. If, in the opinion of the veterinary surgeon, the animal’s condition is such that it should, in its own interests, be destroyed without delay, the veterinary surgeon may need to act without the owner’s consent and should make a full record of all the circumstances supporting the decision in case of subsequent challenge.