Ladies and Gents,
Whilst out walking with my family (wife and three young sons) we were chased by a bullock. I wasn't going to hang around to find out if it was going to lick or butt us, so we ran to the style and fence and safety. It was very scary and feared for my sons.
I come from a farming family on my Dad's side and I have worked with cattle. We didn't alarm the bullock in any way. Thinking this could have been a dangerous event possibly resulting in injury or worse, I tried to talk to the farmer about the aggessive behaviour of this bullock in a field with a Public Right of Way, PROW, running through it. He didn't want to know, at all.
I turned to the web to 'google' what I could do about this, and I came across this excellent forum and a post about bullocks which has, for various reasons apparently been removed. However I was moved to join and post what I had found elsewhere to complete the gaps in that thread and share what I have learned about 'your rights' as a walker on a public right of way and what to do to minimise the risk of attack and when and why to report the occurence.
Apparently, 18 walkers are attacked every year by cattle, half are fatal.
My main point is that a minority of farmers are irresponsible by placing dangerous cattle and other animals in fields where the public have a right of way. They however have a duty of care to the public and if the animal is known to be dangerous, from a report to the authorities, then they must act. Most cows and bullocks will not cause problems, but those that do need to be moved to a more suitable site. The following is the law and links to it regarding PROW and cattle and dangerous animals:
Ramblers | Home | Animals and Rights of Way
but specifically:
Cattle in fields with public access
4. In the period 1990-1998 the Health & Safety Executive (HSE) reported 18 cases in which members of the public were attacked by cattle in fields. It is of the utmost concern that almost half of these incidents were fatal. Although there are specific legislative restrictions on the keeping of bulls, these do not apply to cows and bullocks, which can also be very aggressive. This section gives advice on minimising the risk of an attack by all types of cattle, as well as summarising relevant aspects of the law.
5. Section 59 of the Wildlife & Countryside Act 1981 bans the keeping of bulls in fields crossed by a right of way, except if they are:
* under the age of 10 months; or
* not of a recognised dairy breed, provided that they are accompanied by cows or heifers.
‘Recognised dairy breeds’ are defined as the following: Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry (see page 78 of Navigation & Leadership (4) for an identification chart showing these breeds).
6. Under section 3 of the Health and Safety at Work Act 1974, both employers and self-employed persons have an obligation to ensure that people outside their employment, or work activities, are not exposed to unnecessary health and safety risks. They must make an assessment of potential risks in order to comply with the Management of Health and Safety at Work Regulations 1992 (Statutory Instrument 1992 No 2051), and identify measures that can be taken in order to minimise them. The Agricultural Inspectorate of the HSE issues advice and information on controlling the hazards associated with keeping cattle in areas with public access, and should be notified of any problems, along with the police and highway authority.
7. The Ramblers offers the following suggestions for walkers concerned about their safety when encountering cattle in the countryside. It is worth emphasising that the majority of attacks occur when dogs are present or cows are acting in defence of their calves:
* Be prepared for cattle to react, and, where possible, walk carefully and quietly around them - do not split up a clustered group.
* If you have a dog with you, keep it under close control, but do not hang on to it should a bull or cow start acting aggressively.
* Cattle will usually stop before reaching you. If they do not, just carry on quietly, and do not run.
* Should a bull or cow come up very closely, turn round to face it. If necessary take a couple of steps towards it, waving your arms and shouting firmly.
* Above all, do not put yourself at risk. If you feel threatened, find another way round, returning to the original path as soon as is possible.
* Remember to close gates behind you when walking through fields containing livestock.
* If you are attacked or suffer a frightening incident, report this to the landowner and the highway authority, and also the HSE and police if it is of a serious nature.
* Keep the Ramblers’ informed of any problems that you experience.
Also:
A brief overview of the law
1. The keeping of dangerous animals is subject to restrictions and liabilities under a number of different Acts. The Dangerous Wild Animals Act 1976, section 1, states that ‘no person shall keep any dangerous wild animal except under the authority of a licence granted in accordance with the provisions of this Act by a local authority’. The schedule to the Act lists those species to which the law applies (subject to amendment by the Secretary of State), including, for example, ostriches, bears and poisonous snakes. These animals must be kept in secure accommodation where they will not come into contact with members of the public, and so must never be allowed on, or near, a right of way. Any breach of the law should be reported to the licensing authority, usually the unitary authority, district or borough council.
2. Liability for injury by a dangerous animal is imposed in the Animals Act 1971. This has wider application than the Dangerous Wild Animals Act in that it applies to any animal with a known tendency to cause injury or harm. Thus the animal may belong to a dangerous species, or it can be a domesticated animal possessing dangerous characteristics ‘which are not normally found in animals of the same species or are not normally so found except at particular times or in particular circumstances’: for example, during the breeding and calving seasons. The owner of the animal must be aware of these characteristics before the incident takes place, and the resulting damage must be of a kind which could be anticipated or was likely to be severe. Knowledge of such characteristics will depend on the type of animal, its past behaviour and any external factors that are likely to provoke an attack. It is therefore important to report all incidents to the highway authority so that a landowner cannot later say that he or she has no knowledge of its occurrence.
3. If an animal causes unreasonable interference with the use of a right of way it may constitute a nuisance under common law. Local authorities have a duty to deal with nuisances reported to them by serving an abatement notice on the person who is responsible. Failure to comply with the notice results in an offence being committed and the person can then be fined.
Any comments or additions gratefully received.
If you report it you may prevent an attack on someone else.
FYI I am not a member of the Ramblers Association.