0:00:02 > 0:00:03This programme contains some scenes which some
0:00:04 > 0:00:12Tonight the animal owners who claimed that one of our best loved
0:00:13 > 0:00:18charities is being too hard on them. It is the way they handle things. It
0:00:19 > 0:00:22is their away or the highway. The British public backs the RSPCA to
0:00:23 > 0:00:27prosecute animal cruelty, but does it always get it right? To be told I
0:00:28 > 0:00:34was mistreating birds of prey has left me feeling absolutely broken.
0:00:35 > 0:00:40And is the charity so determined to succeed it ignores the human cost?
0:00:41 > 0:00:47It went on for years and years, and it ground me down. I still feel
0:00:48 > 0:00:52injured. Former RSPCA insiders worry there is chaos at the top. I
0:00:53 > 0:00:58personally think that the RSPCA commentary is not fit for purpose.
0:00:59 > 0:01:00We ask is the world's oldest animal charity doing its best to keep
0:01:01 > 0:01:29public trust? We love our animals. My dog is
0:01:30 > 0:01:35called Bertie. Shall we go for a run? He is going to be my sidekick
0:01:36 > 0:01:43on this investigation. Or is it the other way around? Where is the
0:01:44 > 0:01:52stick, Bertie? He's half toy poodle and half with it, so he will keep me
0:01:53 > 0:01:57on my toes. -- half whippet, so he will keep me on my toes.
0:01:58 > 0:02:06Sometimes... It feels like he's the master and I'm the dog. Woofety woof
0:02:07 > 0:02:12woof woof. Some animals don't get love and affection like Bertie. That
0:02:13 > 0:02:18is why we need the RSPCA. The RSPCA has a full-scale rescue service...
0:02:19 > 0:02:23It has been standing up for animals since 1824. The RSPCA gets more than
0:02:24 > 0:02:30?100 million per year in donations and legacies. Its inspectors see
0:02:31 > 0:02:37some extremely distressing sights. From stray dogs shown in this
0:02:38 > 0:02:44campaign video, outright cruelty. All of these dogs, filmed by an
0:02:45 > 0:02:51inspector, died. Many of them are in rigor mortis already. The RSPCA
0:02:52 > 0:02:54prosecuted the dog breeders who did this. They didn't go to jail but
0:02:55 > 0:03:06were banned for life from owning dogs. The charity's most powerful
0:03:07 > 0:03:13weapon in protecting animals is bringing private prosecutions. But
0:03:14 > 0:03:21some animal owners complain it is being too heavy-handed. This is the
0:03:22 > 0:03:26RSPCA headquarters here in Sussex. Critics say the charity has long
0:03:27 > 0:03:30been too quick to prosecute animal owners and too aggressive. Three
0:03:31 > 0:03:35years ago in independent report took the charity to task over the way it
0:03:36 > 0:03:52prosecutes people. How much has changed? Good morning. This is
0:03:53 > 0:03:56Bertie. Hello, Bertie. Steve Rainton has been displaying birds of prey
0:03:57 > 0:04:02for 20 years. He has now helped by his partner, Natalie. -- he is now
0:04:03 > 0:04:10helped. Amazing, we've had her for five years. Stand well back... Last
0:04:11 > 0:04:19year Steve and Natalie faced getting criminal records when they were
0:04:20 > 0:04:23prosecuted by the RSPCA. Good girl. Steve said it all started when
0:04:24 > 0:04:30somebody he knew took four birds from his farm. Worried the rest of
0:04:31 > 0:04:38the birds were at risk Steve took them home in cages for temporary
0:04:39 > 0:04:42safekeeping and rang the RSPCA. Originally we asked the RSPCA for
0:04:43 > 0:04:46some help. Where we were keeping the birds wasn't safe and we needed
0:04:47 > 0:04:50somewhere else to keep the birds. What Steve didn't know was that the
0:04:51 > 0:04:55RSPCA had received a complaint about him mistreating the birds. When
0:04:56 > 0:05:03inspectors called at his home he let them in. He wished he hadn't. Once
0:05:04 > 0:05:07they were in they started taking photographs, you know, trying to
0:05:08 > 0:05:15gather evidence against me. And that's the way I felt bullied by the
0:05:16 > 0:05:19RSPCA. RSPCA inspectors do not have powers of seizure, so they called
0:05:20 > 0:05:26the police who took Steve's birds away. Steve was charged by the RSPCA
0:05:27 > 0:05:34with eight animal welfare offences. Natalie, who does not own the birds,
0:05:35 > 0:05:38also faced eight charges. They used my partner. They basically said they
0:05:39 > 0:05:42would drop all charges against my partner if I took the rap,
0:05:43 > 0:05:45basically. I'd never broken the law. I've never been in trouble. To be
0:05:46 > 0:05:55told I was mistreating birds of prey, it just left me feeling...
0:05:56 > 0:06:01Absolutely broken. Earlier this year magistrates cleared Steve and
0:06:02 > 0:06:07Natalie of two charges. The other 14 were dismissed. The RSPCA says it is
0:06:08 > 0:06:14because of police mistakes. The whole thing of them being there to
0:06:15 > 0:06:18help you come in my case, wasn't the case. Up until the day they knocked
0:06:19 > 0:06:25on my front door while we saw them as a good charity. -- to help you,
0:06:26 > 0:06:29in my case. The RSPCA said it acted properly and lawfully throughout.
0:06:30 > 0:06:37There was sufficient evidence. And that it was in the public interest.
0:06:38 > 0:06:45It says it prosecuted around 800 people last year, down by 50% in
0:06:46 > 0:06:50four years. If an RSPCA inspector investigates a complaint of cruelty,
0:06:51 > 0:06:54that person has less than one chance in 200 of being prosecuted.
0:06:55 > 0:06:59Certainly not trigger-happy. Most of it is now dealt with by way of
0:07:00 > 0:07:02advisory notices and warnings. In fact most of it is dealt with by a
0:07:03 > 0:07:05reasonable conversation on the doorstep. Giving reasonable advice.
0:07:06 > 0:07:14Reasonable people take reasonable advice. The RSPCA and its inspectors
0:07:15 > 0:07:18do good work. No question. And criticising a much loved animal
0:07:19 > 0:07:23charity may not make me popular. But what can happen to an animal owner
0:07:24 > 0:07:24if there is no reasonable conversation on the doorstep? If no
0:07:25 > 0:07:40advice is given? Gwyn Protheroe farms over 5000 sheep
0:07:41 > 0:07:45in mid Wales. These sheepdogs are working animals. Without them he
0:07:46 > 0:08:05cannot do his job. Last year the RSPCA prosecuted Gwyn
0:08:06 > 0:08:10following the death of one of his dogs. She was a working dog. It's
0:08:11 > 0:08:17not clear why she died. But she was thin and had been a small dog from
0:08:18 > 0:08:19birth. From the vet's report and postmortem done by the RSPCA they
0:08:20 > 0:08:27found a problem with her liver and her heart. The dull blade unburied
0:08:28 > 0:08:33for two days. She died while Gwyn was working 60 miles away. An RSPCA
0:08:34 > 0:08:40inspector called the police, who removed the dog and two are the
0:08:41 > 0:08:47sheepdogs. -- with the dog lay unburied. The RSPCA said he hadn't
0:08:48 > 0:08:51done enough to prevent the death and that living conditions were poor. He
0:08:52 > 0:08:59was charged with three animal welfare offences. It's the way they
0:09:00 > 0:09:05handled things, you know? It is their way or the highway, basically,
0:09:06 > 0:09:10you know? The case took a year to come to court and had a big effect
0:09:11 > 0:09:18on the family. What was it like when he was charged? Scary. It wasn't a
0:09:19 > 0:09:26nice feeling. I felt really bad for dad because he isn't a bad person.
0:09:27 > 0:09:40He didn't really, like, deserve it. What did you say to them? That it
0:09:41 > 0:09:54would all be all right? Which it was proved, wasn't it? I'm sorry...
0:09:55 > 0:10:01A judge dismissed the case, saying Gwyn has considerable expertise as
0:10:02 > 0:10:08an animal owner and acted reasonably. How did you feel when
0:10:09 > 0:10:18that verdict came through not guilty on all counts? Relieved. A sense of
0:10:19 > 0:10:24justice. Because he was cleared the dogs should have been returned. But,
0:10:25 > 0:10:32extraordinary as it seems, they were not. RSPCA staff asked if they could
0:10:33 > 0:10:36keep the dogs and re-homed them. I got a phone call, she asked the
0:10:37 > 0:10:40question again, the people in the kennels have got attached to the
0:10:41 > 0:10:48dogs. The RSPCA said it kept hold of the dogs while it considered to
0:10:49 > 0:10:52appeal. It would be two months before they found out if they would
0:10:53 > 0:10:58get their dogs back. I couldn't work out why they wanted to keep, again,
0:10:59 > 0:11:01prolonging the process of us getting the dogs back. You keep thinking
0:11:02 > 0:11:09everything is coming to a close. But it was like they were ripping the
0:11:10 > 0:11:13wound open again. The RSPCA says it was right to prosecute. And while
0:11:14 > 0:11:22some cases don't succeed 92.5% of its prosecutions are successful.
0:11:23 > 0:11:27There is very, very rigorous process by which the evidence is checked to
0:11:28 > 0:11:31make sure we meet the evidential test. When we get the expert in we
0:11:32 > 0:11:35depend on an independent better in every opinion as to the degree of
0:11:36 > 0:11:43suffering. Once the matter goes to court it is for the magistrate to
0:11:44 > 0:11:46convict or acquit. -- independent vet opinion. Fighting animal cruelty
0:11:47 > 0:11:53is important but has the RSPCA sometimes gone too far? Barrister
0:11:54 > 0:12:01Jonathan Rich stopped defending RSPCA cases nine years ago. I gained
0:12:02 > 0:12:07a firm impression that I was really being personally targeted. It
0:12:08 > 0:12:12reached a stage where my involvement in cases was actually not helping my
0:12:13 > 0:12:19clients, because they would throw significant resources at any case in
0:12:20 > 0:12:23which I was involved. He also faced a number of professional misconduct
0:12:24 > 0:12:29complaints linked to animal welfare cases. Two from the RSPCA. I have
0:12:30 > 0:12:35seen a lot of the rough and tumble of the bar. But this was in an
0:12:36 > 0:12:41entirely different league. And it went on for years and years and
0:12:42 > 0:12:49years, and it ground me down. I still feel today, I still feel
0:12:50 > 0:12:53injured. None of the complaints succeeded. One from the RSPCA took
0:12:54 > 0:13:02eight years to be fully resolved. I got pretty low. I was treated for
0:13:03 > 0:13:10depression. I'm not embarrassed to say that. Do you still defend animal
0:13:11 > 0:13:14cases? If the RSPCA are involved I will not be appearing as an
0:13:15 > 0:13:20advocate. Which is a great shame, given the expertise I believe I
0:13:21 > 0:13:25brought. Barrister Sara-Lise Howe believes she has been singled out,
0:13:26 > 0:13:32too. She says the CPS was warned she wanted to undermine RSPCA private
0:13:33 > 0:13:41prosecutions. I have no doubt that they have been targeting me. I was
0:13:42 > 0:13:4416 years in court, I'd never had these accusations. Just trying to
0:13:45 > 0:13:50represent my client. To get the court to look at the law. The RSPCA
0:13:51 > 0:13:57says the criticism to the CPS about Sara-Lise Howe was made in error and
0:13:58 > 0:14:00not at their request. It respects and upholds the vital role played by
0:14:01 > 0:14:13defence lawyers in testing the prosecution's case. For the RSPCA to
0:14:14 > 0:14:20do its job properly it must be well run. This June the Chief Executive
0:14:21 > 0:14:26Jeremy Cooper resigned. The second to do so in three years. Trouble at
0:14:27 > 0:14:32the top should be a worry for any charity. If I am a donor I want to
0:14:33 > 0:14:38know my money is going to be well spent. And the chances are
0:14:39 > 0:14:43significantly higher that my money as a donor is going to be well spent
0:14:44 > 0:14:52if the charity is well governed, well led, sound decisions are made.
0:14:53 > 0:14:56The RSPCA staff are overseen by 25 unpaid trustee is called the
0:14:57 > 0:15:03council. They are supposed to keep an eye on things, not run the show.
0:15:04 > 0:15:08One of the key rules, really, is that trustees in a large charity
0:15:09 > 0:15:15shouldn't really dabble in operational matters. That is for
0:15:16 > 0:15:22paid staff. But we've discovered that's what's been going on at the
0:15:23 > 0:15:30RSPCA. Chris Lawrence used to be the charity's chief vet before he became
0:15:31 > 0:15:34a trustee. The RSPCA are essentially is a great organisation. Fantastic
0:15:35 > 0:15:38staff who work incredibly hard. But you come to a point where you have
0:15:39 > 0:15:42to say enough is enough, I can't any longer support the way this is
0:15:43 > 0:15:48happening. I had real concerns about the way the RSPCA was being run at
0:15:49 > 0:15:49council level. He's never spoken publicly about leaving the charity
0:15:50 > 0:15:58he loves. The Council found it really
0:15:59 > 0:16:03difficult to properly delegate. What does that mean? It means almost
0:16:04 > 0:16:08micromanagement. Chris Laurence resigned as a trustee last year. His
0:16:09 > 0:16:16fellow trustee, David Canavan, is still there. The RSPCA spends ?50
0:16:17 > 0:16:22million a year responding to complaints from the general public
0:16:23 > 0:16:27about abuse of animals. He's speaking to MPs about fundraising.
0:16:28 > 0:16:30The two years, the RSPCA allowed him and another trustee to run the
0:16:31 > 0:16:36charity on paid, while it was without a chief executive.
0:16:37 > 0:16:41For any charity, doing both jobs at the same time, for such a long time,
0:16:42 > 0:16:48would be a no-no. For a large charity, that is off the
0:16:49 > 0:16:54scale, in terms of being so unusual. I find it difficult to see how a
0:16:55 > 0:16:59large charity could properly run itself if it doesn't have a
0:17:00 > 0:17:08permanent chief executive who is independent from the nonexecutive
0:17:09 > 0:17:15trustee teamer. -- team. This is the Manchester Animal Hospital, the
0:17:16 > 0:17:20RSPCA's busiest. It provides extremely subsidised neutering,
0:17:21 > 0:17:27micro-chipping, vaccinations, to quite a poor -ish area within
0:17:28 > 0:17:31Manchester. Three years ago, Steve Carter was asked to look at
0:17:32 > 0:17:34redistributing some of its vet services to branches across the
0:17:35 > 0:17:42North of England. Among them, Rochdale, 60 miles away. -- 16 miles
0:17:43 > 0:17:49away. It was a branch that struggled financially. It tried to do the best
0:17:50 > 0:17:54it could, but it overextended itself. Steve Carter says getting
0:17:55 > 0:17:58more vet services could have helped Rochdale's finances and says David
0:17:59 > 0:18:03Canavan was keen on the move. At the time, he was also an unpaid trustee
0:18:04 > 0:18:09of the Rochdale branch. That's a conflict-of-interest, isn't it? I
0:18:10 > 0:18:12believe it is. I made it very clear to trustees and two senior
0:18:13 > 0:18:18management that this was not a decision I could support in any way,
0:18:19 > 0:18:23shape or form. Steve feared it could have meant closure for the
0:18:24 > 0:18:28Manchester Animal Hospital. I did not want to see that provision
0:18:29 > 0:18:33deteriorate in any shape or form. That was one of the main reasons
0:18:34 > 0:18:38that I decided I had to leave the RSPCA. The RSPCA says it did discuss
0:18:39 > 0:18:42its Northern operations. No changes were made and there was never any
0:18:43 > 0:18:50suggestion the Manchester hospital would close. It says there was no
0:18:51 > 0:18:54improper interference by David Canavan and as acting chief
0:18:55 > 0:19:07executive he oversaw a period of stability and sound management.
0:19:08 > 0:19:12Brighton, a stone's throw from RSPCA HQ. We've been told that what
0:19:13 > 0:19:19happened here reveals more cracks behind the scenes. Nationally, the
0:19:20 > 0:19:24RSPCA has a policy against anyone importing dogs for commercial
0:19:25 > 0:19:29purposes. But here in Brighton, the local
0:19:30 > 0:19:38branch was re-homed scores of dogs from Spain and Portugal in apparent
0:19:39 > 0:19:42conflict with that policy. Around 150 dogs over three years
0:19:43 > 0:19:46were imported by another animal welfare organisation, and brought to
0:19:47 > 0:19:53these RSPCA kennels. They were then re-homed. The Brighton branch had
0:19:54 > 0:19:59lots of British Staffies, which are hard to home, and was keen to offer
0:20:00 > 0:20:04a mix of breeds. The RSPCA said the dogs were not being imported for
0:20:05 > 0:20:08commercial purposes. The RSPCA told us the Brighton
0:20:09 > 0:20:14branch didn't profit from re-homing these animals, but we found out the
0:20:15 > 0:20:17issue did worry some staff. They couldn't support others transporting
0:20:18 > 0:20:24animals hundreds of miles across Europe, when there were plenty of
0:20:25 > 0:20:29British dogs to help at home. Trustee David Canavan got involved
0:20:30 > 0:20:35in 2014. At the time he was also effectively running the charity.
0:20:36 > 0:20:38We understand that David Canavan told the branch that so long as 40%
0:20:39 > 0:20:42of the dogs in my kennels were brought to them by inspectors, they
0:20:43 > 0:20:46could fill the remaining space is how they wanted, providing the
0:20:47 > 0:20:54trustees and legal department didn't object.
0:20:55 > 0:21:01The RSPCA said any suggestion David Canavan acted contrary to its
0:21:02 > 0:21:06policies is completely untrue. He referred the matter to the Chief
0:21:07 > 0:21:12Vet and the RSPCA revised its policy, so the branch had to get
0:21:13 > 0:21:17permission on a case-by-case basis. It says the branch was trying to
0:21:18 > 0:21:22help as many unwanted dogs as it could, and its main focus remains
0:21:23 > 0:21:29local animals. At the top is the RSPCA a smoothly
0:21:30 > 0:21:35running organisation? I personally think that the RSPCA,
0:21:36 > 0:21:40currently, is not fit for purpose. I think it stems from the background
0:21:41 > 0:21:42of counsel. I don't think the government process and structure has
0:21:43 > 0:21:53moved on much since the 1970s. Wipe-out this is the headquarters of
0:21:54 > 0:21:58the Charity Commission, it's the body charged with making sure our
0:21:59 > 0:22:03charities are up to snuff. It told Panorama that the RSPCA's governance
0:22:04 > 0:22:07is below the standard it would expect from a modern charity. It is
0:22:08 > 0:22:11monitoring the trustees' role in leading change will consider
0:22:12 > 0:22:17regulatory action if the required improvements aren't made quickly
0:22:18 > 0:22:22enough. The RSPCA says its trustees are working with the Charity
0:22:23 > 0:22:23Commission to implement the recommendations of a recent
0:22:24 > 0:22:38independent review. The RSPCA has its own reform agenda.
0:22:39 > 0:22:43It wants for more powers to investigate, so it has to rely less
0:22:44 > 0:22:47on the police. Its supporters say only the charity has the necessary
0:22:48 > 0:22:52expertise and resources to prosecute. Critics argue it should
0:22:53 > 0:23:00be left to the police. The type of cruelty that the public disapproves
0:23:01 > 0:23:01of is obvious. It doesn't require a specialist organisation to
0:23:02 > 0:23:14prosecute. I'm on my way to see one of
0:23:15 > 0:23:18Sara-Lise Howe's clients. Sarah Mellanby lost her appeal against
0:23:19 > 0:23:25conviction for seven animal welfare offences earlier this year. That
0:23:26 > 0:23:31some of my cats there. That's Leonard and Elmo. Puff Daddy, Thomas
0:23:32 > 0:23:37O'Malley and that's Hubert. Sarah used to a large home to shelter
0:23:38 > 0:23:45unwanted cats. So who have we got here? That is Lionel Blair. LAUGHTER
0:23:46 > 0:23:48I know, super hair. Dennis the Menace, Charles Worthington. Some
0:23:49 > 0:23:55people would say looking at this that you are a mad cat lady. Yes,
0:23:56 > 0:24:01they probably would. Are you a mad cat lady? Guests. Where are your
0:24:02 > 0:24:11cats? I don't have any. Four years ago she had more than 60. You had 60
0:24:12 > 0:24:19cats, 62 cats. Isn't that a bit crazy? Well, I'm too soft, I'm just
0:24:20 > 0:24:23too soft. They were unwanted cats and I was homing them. Some of the
0:24:24 > 0:24:29cats she took and had cat flu, which is contagious and can be nasty. I
0:24:30 > 0:24:36kept them and kept them comfortable. It's not good, but they were alive,
0:24:37 > 0:24:42they were as well as they could be. The RSPCA, which made repeated
0:24:43 > 0:24:45visits, disagreed. It says some were emaciated, as well as cat flu others
0:24:46 > 0:24:52had problems with their eyes and teeth. And it says she failed to
0:24:53 > 0:24:59seek appropriate care from a vet. All her cats were removed and Sarah
0:25:00 > 0:25:05was tried and convicted. I think a lot of the people who have
0:25:06 > 0:25:08had problems with the RSPCA are people who would be described as
0:25:09 > 0:25:13vulnerable. The mad old lady who takes into many cats, they have got
0:25:14 > 0:25:16themselves into a mess for caring, because they care too much. I think
0:25:17 > 0:25:23that is a big difference from someone who delights in seeing an
0:25:24 > 0:25:27animal suffer. The RSPCA tried to help and advise Sarah. The appeal
0:25:28 > 0:25:32judge said she was deaf to that advice and the idea that the RSPCA
0:25:33 > 0:25:38were treating her harshly was not supported by the evidence. But he
0:25:39 > 0:25:45did reduce her sentence, so, after four years, 21 cats could come home.
0:25:46 > 0:25:52A vet who supported Sarah throughout, is no fan of the RSPCA.
0:25:53 > 0:25:57What does somebody like Sarah do with cats that are left on her
0:25:58 > 0:26:01doorstep? Take those cats in or discard them, shut the door and
0:26:02 > 0:26:05leave them to die? What's the options? Yes, we know that a lot of
0:26:06 > 0:26:11these cats were chronically infected with cat flu. They have been and
0:26:12 > 0:26:19they will remain that way. The RSPCA asked the court to make
0:26:20 > 0:26:24Sarah pay some of their costs. She now has a ?100,000 charge on her
0:26:25 > 0:26:33home, to be paid to the RSPCA when she sells it.
0:26:34 > 0:26:37My heart's been broken. They've just warn me down and I've been
0:26:38 > 0:26:42depressed. They're just like this giant machine that just crawls
0:26:43 > 0:26:47through people's lives and they've got no way of getting out of it. The
0:26:48 > 0:26:53RSPCA says it prosecuted as a last resort. It was endorsed by the
0:26:54 > 0:26:58appeal judge and the Crown Prosecution Service. The costs were
0:26:59 > 0:27:06high because it took so long to conclude the case, and this was not
0:27:07 > 0:27:11the RSPCA's fault. The RSPCA says it only prosecute
0:27:12 > 0:27:15when mistreatment is serious, cruelty blatant and when other ways
0:27:16 > 0:27:23to help animal and owner have been exhausted.
0:27:24 > 0:27:25Back in Wales, the Protheroes are still waiting to hear if they'll get
0:27:26 > 0:27:36their sheepdogs back. Three days after Panorama wrote to
0:27:37 > 0:27:44the RSPCA, the dogs were finally returned. Can one if you open the
0:27:45 > 0:27:47door while I left her in, please? Outside the Protheroes'
0:27:48 > 0:28:00solicitors... It's a big relief. It's nice to see
0:28:01 > 0:28:04them. They're looking OK, aren't you? Hope they'll be as happy to be
0:28:05 > 0:28:10home as we are to have them home. The RSPCA says the delay in
0:28:11 > 0:28:11returning the dogs was lawful and proper, while it decided whether to
0:28:12 > 0:28:30appeal. For many, including its critics, the
0:28:31 > 0:28:36RSPCA remains a great British charity.
0:28:37 > 0:28:41I think the RSPCA is overall a force for good. The inspectors do good
0:28:42 > 0:28:47work every single day, there are out there in all conditions.
0:28:48 > 0:28:54Charity fight the RSPCA depend on more than donations, they also need
0:28:55 > 0:28:57public support. Public trust and public confidence
0:28:58 > 0:29:02in the work that charities do will only be sustained if charities are
0:29:03 > 0:29:05seen to be doing the right thing. That means behaving in a
0:29:06 > 0:29:12responsible, transparent and accountable way.
0:29:13 > 0:29:18The RSPCA says it is committed to continually improving everything it
0:29:19 > 0:29:23does. But to its critics, it stands accused of being a charity that
0:29:24 > 0:29:27sometimes lacks charity - to humans.