Farmed Animal Species

Please could you provide the following information in relation to farmed animal species only during the period 1 January 2024 - 31 December 2024:

 

1.  Do you enforce famed animal welfare legislation? 

a   If the answer is no, please explain why e.g. no farms, a different local authority does etc.

b.  If a different local authority enforces this legislation in your area, please inform us which one? 

 

If your answer to question 1 is 'no', please do not respond to the below questions.

 

2.  Do you work with another local authority to conduct your farmed animal welfare enforcement and if so which one? Please also clarify whether the below data is likely to be duplicated

by them? 

 

3.  How many of each of the following in your jurisdiction were inspected for welfare purposes one or more times?

a.  Farms;





Terminology 

By 'farmed animals', we refer to animals intended for the food chain, raised on commercial premises.

 

The premises referred to in this question are:

- Farms keeping animals for commercial use

- Livestock markets that sell and trade live animals

- National and international border control posts  

- Vehicles transporting farmed animals for commercial purposes



By 'inspections', we refer to on-site inspections.

By welfare complaints, we are referring to any complaints relating to animal cruelty, neglect or failure to meet the welfare needs of an animal, whether from members of the public, animal protection

organisations, staff members etc.

I can confirm that the information requested is held by Lincolnshire County Council. I have detailed below the information that is being released to you. 

1. Yes

a. Not applicable

b. Not applicable

2. No

3. a. Farms

b. Markets

Please see exemption below

c. Borders

Not applicable

d. Transport vehicles

Not recorded separately

4. a. Farms

b. Markets

Please see exemption below

c. Borders

Not applicable

d. Transport vehicles

Not recorded separately

Please note that this question refers to the total number of inspections, not premises inspected. Therefore, the numbers can include situations where multiple inspections took place on the same premise.

5. a. Farms

86 of the 131 inspections found non-compliance.42 were recorded as minor non-compliance, 44 were recorded as major non-compliance.

b. Markets

Please see exemption below

c. Borders

Not applicable

d. Transport vehicles

Not recorded separately

6a. Farms

Zero – officers provide written advice in the form of a letter or Trading Standards Report detailing improvements required. 

b. Markets

Please see exemption below

c. Borders

Not applicable

d. Transport vehicles

Not recorded separately

7. a. Farms

3 separate investigations following 2024 inspections.1 prosecution commenced in the same year, 2024, that non-compliances were found.

b. Markets

Please see exemption below

c. Borders

Not applicable

d. Transport vehicles

Not recorded separately

8.a. On-farm animal welfare

41 - excludes disease and dead stock related complaints

b. Welfare at markets

Please see exemption below

c. Welfare during transport

244

d. Welfare at a border post

Not applicable

9a. On-farm animal welfare

All complaints are assessed in order to determine if welfare issues alone, if so these matters are referred to the Duty Vet at the Animal and Plant Health Authority (APHA). They will lead on these but may require Trading Standards to accompany any visits. If other matters are identified alongside welfare complaints, such as deadstock or disease, Trading Standards will allocate as these are urgent for investigation.

b. Welfare at markets

Please see exemption below

c. Welfare during transport

As Lincolnshire has several abattoirs, and this is where most of the WATO offences are reported from, the transporters concerned are often based out of county. Therefore, although the offence will be investigated, this would not lead to an inspection of the transporter. The matter would be referred to the Local Authority in which the transporter is based for them to follow-up as they deem appropriate with regards to physical inspections.

d. Welfare at border posts

Not applicable

10. 2 separate investigations pending following 2024 inspections

1 prosecution currently at court for 2022/2023/2024 offences.

11. Zero – officers provide written advice in the form of a letter or Trading Standards Report detailing improvements required. 

12. No prosecutions commenced in 2024 relating to 2024 offences

13. None

14. None

15. 2023/24 Trading Standards revenue budget - £1,313,990.  No dedicated budget specifically for animal welfare enforcement.  

16. 2025 - 2 FTE’s in the Animal Health and Feed Team

Livestock Markets

The information requested under this FOI relates to livestock markets, of which there is only one in Lincolnshire.  Lincolnshire Trading Standards is responsible for enforcing a range of animal welfare legislation applicable to livestock markets, including the Animal Welfare Act 2006. 

The information you have requested is exempt from disclosure under section 31(1)(g) of the Freedom of Information Act.  This section provides that information is exempt if disclosure would, or would be likely to, prejudice the exercise by any public authority of its functions for any of the purposes specified in section 31(2).  The relevant purposes specified in section 31(2) are as follows:

“(a) the purpose of ascertaining whether any person has failed to comply with the law,

(c) the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise

Public Interest Test

Section 31(1)(g) is subject to the public interest test. This means that a public authority can refuse to disclose information under the exception set out above only if "in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in disclosing the information."

In applying the public interest test the Council has taken into account the strong public interest in transparency as to how justice is administered and the accountability of law enforcement agencies for the decisions it makes.  This has been weighed against the fact that:

• The information has not previously been released into the public domain;
• A wide public interest inherent in this exception due to the fundamental importance of the general principles of upholding the administration of justice.

• In similar cases considered by the ICO, it has been argued that disclosure of information of this nature would have wide ranging implications for work carried out by Trading Standards which would not be in the public interest and that if the effective enforcement of animal welfare and disease control is jeopardised this has a clear public interest implication in terms of serious harm caused by breaches of this legislation.
• It may be argued that disclosure of this information would undermine the role of Trading Standards as its enforcement and investigatory powers would be prejudiced given the importance of effective working relationships with local businesses. Whilst Trading Standards have significant enforcement powers, much investigatory and enforcement work is more successfully completed with the cooperation of the businesses involved and the disclosure of the requested information would erode working relationships.

On balance therefore, and whilst acknowledging your private interest in the disclosure of the information, the Council is of the view that there is greater public interest that weighs in favour of the Council maintaining the exception.