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British Wildlife Rehabilitation Council

Registered Charity No. 1073757

Permanent Captivity

Permanent Captivity

1. The ethics of keeping a permanently disabled casualty should be assessed by each rehabilitator for each case, opinions may vary
but the animal's welfare should be the overriding consideration. Provision should be made for the mental and physical well-being of
any casualty kept permanently. Family groups may well be important for many species and territorial considerations should be taken
into account, especially in the breeding season.

2. Breeding should be avoided unless participating in a bona-fide breeding scheme.

3. Permanent casualties should be assessed daily by a competent person and records kept on their diet, health and veterinary treatment.

4. Accommodation for permanently disabled casualties should be a separate entity. Adequate space should be provided and the
habitat enhanced to mimic the natural environment of the species, whilst allowing close monitoring and good standards of
husbandry and veterinary care.

5. All equipment should be exclusive to the unit and the highest standards of hygiene practiced for the control of cross infection.

Legal Aspects

1. Whilst there is no specific legislation relating to permanently disabled casualties, the Wildlife and Countryside Act 1981, SS4(2)(a) and
  9(3)(a) give a "shield" to anyone in possession of a wild bird or Schedule 5 mammal for the purpose of tending it and returning it to its wild
  state, providing that it was not taken in contravention of the provisions of the Act and adequate records are maintained.

Ambiguity arises over the cases where eventual release would not be possible either at the time of capture or during treatment (e.g. a one-winged bird or blind mammal). It will become apparent that these casualties are not covered by the exclusions of the Act. However, it has not yet become a legal argument that these animals should be euthanased.

2. The manner of captivity (restraint, feeding, mobility) must not cause any further unnecessary suffering. No casualty should be kept if it can be
  shown to be in persisting pain.

The Protection of Animals Act 1911 covers any kind of cruelty (mental or physical) to captive animals, including birds, either directly or through poor housing and husbandry.

(Other relevant legislation is listed in Appendix I.)