Is this my legal right?

[Ruthie_2009]

My cat was supposedly knocked over and killed out right and buried in someone elses garden, the cat is id chipped in my name and I am wanting to know if I have any rights to his body for my own private cremation?

The person who has said he was killed and buried in her garden was fostering him and another cat, they were both supposedly hit by a car at the same time, my cat supposedly killed out right and the other cat getting up and running away....It has now come to light as the other cat was handed into a vets 5 days later that it had not been knocked over by a car but had got into a state through neglect, starving and dehydrated for several weeks not injury from car accident....There is an investigation about the cat that was handed into the vets as she has now died from neglect and the RSPCA are investigating this as a cruelty case, They will not persue my cat and I really need his body back for confirmation he is dead...he is id chipped!

Basically do I have a right to dig my own cat up for private cremation?

Thank you for any replies, we just need closure to this all! :(

[dizmouk2009]

Ruth a cat, dog or any pet for that matter is classed as personal property therefore this could be classed as theft. The added bonus is that a pet is a seperate entity in its own right; meaning, you are not liable for his/her actions. Not very comforting but it does mean that even if the person who claims to have buried said cat (a name would be helpful to save me calling him 'cat, said cat etc') claimed that your daughters pet had caused grief upon them you would at no point be liable. This sounds very complex although it is something that this person could try and come at you with should this go as far as the police. For example if your daughters cat decided to deficate on your neighbours lawn, he/she could not hold you responsible for said act.

I hope this doesn't seem too mind boggling for you and I hope you get your/your daughters cat back (I for one don't believe this person has buried him).

Dizmo,
P.S contact the police and explain the situation, the worse that can happen is they tell you that they can't pursue it, goodluck!

[Ruthie_2009]

Mind boggling "But of course" x

Another option would possibly be contacting the Council as this person is living in Council property as a tennant....Surely the Council could possibly have some say in this also? I am thinking on the basis that if Oliver was an F1 for example (a stud cat that costs thousands of pounds) surely you would not have to make do with the story of "he has been killed by a car and now buried in my garden, end of"? I know he is just a moggie but in my eyes they whether pedigree or moggie all have a class of their own! x

Oliver is his name.....x

http://www.facebook.c...d=188105613061&ref=ts

[Ruthie_2009]

Sorry meant to say "Could another option" with ref to the Council who owns the property, she is a tennant! x

[dizmouk2009]

I wouldn't of thought that the council would even make the effort to listen let alone take it any further which is a total shame. Regardless of what type/breed of cat he is, he's still a pet and is extremely important to you and your daughter. Who ever this women is who has claimed to have buried him seems to have serious mental issues. Do you know her personally? does she have any grudge towards you or your daugher? Personally if the police or the RSPCA are not willing to do anything I would go and dig her garden up when she wasn't in (I'm not one to break the law but under the circumstances I doubt I would rest till i found out the truth).

Sorry i couldn't really help you any further, for what it's worth I have joined your facebook group.

Dizmo.

[Ruthie_2009]

Thank you for your help, we are just so lost at what to do and its so frustrating! :(

Thank you for joining the FB link! xx

Best wishes Ruth x

[Ramsbottom]

You could report the incident to the police.

Whilst this incident will not be top priority, Oliver is your 'property' and you could complain that theft has been committed. Even if Oliver is buried in their garden, he is still your property.

If you explain just how much the closure would mean to you etc then I would think that the police would intervene (and have a duty to do so if you complained of the theft).


There may be other legal rights and duties but this seems such an unusual case that it is difficult to give a definitive answer.

[Ramsbottom]

Also, whilst I totally couldn't advise it for legal reasons...


The worst that you could be accused of is criminal damage if you decided to dig up the garden yourself (as long as you don't use threatening behaviour etc if she is at home and asks you to leave).

And I think you would be fully vindicated to do so whatever the outcome. If he is buried there then you have got your pet back; if he is not buried there then the owner has some more questions to answer re animal cruelty.

I don't think much would happen if you did decide to dig up the garden - as long as you don't make too much of a mess (proof is a difficult matter as well).


Of course though, I couldn't advise you to do this.

[Ruthie_2009]

Thank you for your reply.....I will get the rescue to try that!!! x