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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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We do not want to neuter our dog, adopted from the RSPCA. We

Customer Question

We do not want to neuter our dog, adopted from the RSPCA. We feel it will change her personality and our vet prefers entire dogs for health reasons. We have always owned dogs; we do not EVER let them roam. Can the RSPCA do anything to force us to subject our now beloved rescue to undergo surgery?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does your contract demand that she is neutered?
Customer: replied 2 years ago.

Here's the language on the contract we signed:
If the Animal is unneutered at the time of adoption, the Adopter agrees to having the Animal neutered unless there are overriding veterinary reasons for it not being possible. This will usually be at the expense of the RSPCA, subject to the use of an RSPCA neutering voucher at an agreed veterinary practice.

Expert:  Jo C. replied 2 years ago.
OK. That contract is clear I'm afraid. You have agreed to neuter the dog. There is no way around it.
The question is what would they do about it. Rescues often do have this condition basically because they want to reduce the companion animal population to a more manageable level to undo the damage that breeders do. That is all very well but it does leave an enforceability problem.
It is not the best worded contract. However, this is the RSPCA who do have a history of litigating over rather a lot more than many other charities.
They cannot sue you at the small claims court. They have suffered no loss.
What they could do is seek an injunction forcing you to neuter her. If it were any other rescue I would tell you not to worry about it as it will not be cost effective. The RSPCA though are not always deterred by that I'm afraid.
I realise that you don't want him neutered. I understand why. However, it is not an 'overriding veterinary reason'.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. Excellent answer....and now I see why so many of my animal rights friends who are also in favour of civil liberties rate the RSPCA so badly. They basically avoid the RSPCA, as I would have done had I known. But we've had the dog for several months now, and love her to pieces. I don't know whether we'd wage a court battle or not; possibly we would. But anyway, thank you.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.

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