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Is this my legal right?

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Ruthie_2009 | 14:36 Fri 11th Dec 2009 | Law
28 Answers
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! :(
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Can I ask why your cat was fostered out? It may have a bearing on whether you have any right to information about the cat's whereabouts.
Question Author
Hi she will not dig him up or let him be dug up, thus leading to me thinking he is not there anyway! x

Im really trying to find out if the Rescue for him could do this as they have legal ownership, just need to know what the legal rights are so I can pass on the info please! x
Question Author
Still wanting to have him back though if found dead or alive, am in contact with the rescue as they informed me of what has supposedly happened to him! x
why did you foster out a cat that you were given by the RSPCA?

If you dont believe the cat is there then maybe the cat has been taken in by someone else or even the RSPCA know of its whereabouts. If they are investigating a neglect case would they really contact you about the cats when you had given them away anyway?
Question Author
This cat was not given to us by the RSPCA, this cat was my daughters cat who she taken in last xmas as he was living rough and would not come into owners house due to them getting a dog and the cat being petrified of him!

The RSPCA have a ongoing investigation over another cat who was being fostered by this person at the same time, she has lied about the cat that is being investigated as she said she was knocked over but in fact when taken to the vet they confirmed that the cat was not in the state it was in and had not been hit by a car....Thus giving less credibility to her story of two cats being knocked over.....

I am doing this off my own back as the rescue did say there was an investigation for the second cat (one that is supposed to be buried) but have now confirmed they are just treating him as if her were any lost cat....

I really dont want to go into the in's and out's of this.....Does the Rescue have the legal right to dig up the body for confirmation that it is truly him.....anyone know this please x
Question Author
The reason my cat gave this cat up to rescue was because he showed behavioural problems due to territorial issues with her having 5 other cats already he was spraying all over, she was given advice and when all failed she was told it would be kinder for him to be moved on to somewhere with less cats.

Hope that is more clearer now x
Question Author
Whoops Edit for last reply by myself!!

The reason my daughter not my cat! :)
you are very confusing as to who own the cat.
who is the cat registered to?

get the registered keeper of the cat to contact the local police station, but to be honest i doubt they will consider it as theft.

The Rescue (i presume you mean the RSPCA) wont go wasting valuble resources to dig up someones garden, besides, unless they have a court order i cant see they have any right to.
Question Author
Sorry but I am feeling very confused.....

He is owned by a rescue (not RSPCA) they put him in foster etc.....

Thank you for all your replies x
well if hes owned by them then why are you even asking if you (or your daughter) have any rights??
Question Author
I was not wanting to put everything up on here as it is between my daughter and the rescue really! So to cut things short I put what I first wrote....

I thought this was an answer bank anyway....Feel like im on trial here! :(
dont be silly. Its just that its so difficult to decipher who is the owner / was the owner / had the cat / buried (or didnt) the cat etc etc that its impossible to even guide you.

from what ive can make out though, the cat isnt your daughters. Its either the previous owners or the rescue (presuming this isnt the people who have buried him)

"Im really trying to find out if the Rescue for him could do this as they have legal ownership" - rescue own him
"he is id chipped" - doesnt say to who though
"this cat was my daughters cat "
"would not come into owners house due to them getting a dog " - the original owner?

sorry Ruthie, but i cant get my head around who owns the cat. It doesnt sound as you know either.

Im sorry that your daughter cant find out what happened to the cat. If the neglect by the other people is true then i can only hope that hes either escaped or if he was run over that it was quick.
Question Author
The rescue legally own the cat they have chipped him with there details....I was just trying to gain info to give to the rescue as it is not a large rescue and Im sure unlike the RSPCA has not had anything to deal with like this before....

I want the rescue to be legally aware of there rights you see! That is the top and bottom of this really x
-- answer removed --
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Right I know the rescue would let us have his body for cremation if he were dead....We just really need to know for the rescue that is a little internet based rescue if they have any legal rights under the circumstances to persue getting his body dug up for confimation that he is actually buried there or alive somewhere, It is such a tight web and very hard to explain...

As explained I did not want to put it all on here about rescue etc....I thought if I put he was mine (so I was acting hyperthetically as the rescue) I could get an answer to which I would let the rescue know of their rights etc...x
Question Author
I bet you cant wait to get home! x
Write a letter to the person having claimed 'your' cat was involved in a car accident informing them that you require the body (that you are willing to extract it yourself) and if they are not willing to comply you will be force to take the matter further, possibly even involving the police. Also state that if failing to allow you or your daughter the return of your/her cat (dead or alive) this would incriminate them; suggesting they had stolen your pet and that he was not actually dead. Finding the cat will allow closure for you and the person having claimed to have buried him.

Dizmo,
P.S imagin if it wans't a cat but a human being, treat him like you would a person.
Question Author
Thank you for that info....I have passed it on to the rescue to do....I have also stated to give them a time to comply with!

Thank you everyone for all your suggestions....Much appreciated x
Question Author
Another thought with ref to informing the police after this letter has been sent....Are cats classed as property by law, ie your property if you hold chip details etc?

That way could you get the police involved or the council maybe under theft of property law? x

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