Rehoming shelter threatening to take cat away - what are my rights.

[CatLadyLegal]

Residing in Scotland. 2 weeks ago, I rehomed a cat from a registered shelter/rehoming centre. I paid £85 adoption fee and went off on my merry way with the cat. Cat settled in quickly and was happy and affectionate, but sadly, quickly, it became apparent that my husband and toddler were highly allergic to her, to the point my husband had an asthma attack. We have another cat here and everyone is fine around her, no allergies.

So, fast forward to present day, we rehomed the cat to a family we know well in our street. We did not take any money for this and I decided to let the shelter know because they had not yet transferred the chip details to me for her microchip,
So I explained the situation and advised of the new owners. I then got a call from the owner of the shelter and got grief on the phone. She could hear I was upset, but carried on hounding me. She said we should have given the cat back to the shelter instead, but I didn't want to put her through the experience again and she's already really settled and happy in her new home.

I accept responsibility I may have handled this wrong and I hold my hands up for that, however, the shelter have made contact with the new owners and told them they are going to their house tomorrow to take the cat back!

Where do we stand with this? I thought as money was exchanged with me and the shelter, that a contact was entered and I am now the legal owner of this cat, so it's my choice what to do with her. There's nothing I can see in the paperwork that they can take her back etc, so I just want to see where we stand please! Can she take the cat back or am I actually the legal owner still and can stop this? Insurance is in my name, it's just the chip which was still to be transferred. Their argument is because the chip is in the shelter name, she is still their cat!

Sounds like the shelter don't really understand cats.

And it's not cats protection. It's an independent shelter/rehoming centre. All fully registered etc.

It’s a cat protection number in the screenshot.

If the cats chip details belong to your neighbour then there shouldn’t be an issue. If not, when cat goes to the vet will they contact the rescue (I’ve no idea). It’ll be sad if the cat is taken away, perhaps they can complete the paperwork and keep the cat.

I'm sorry I don't see a screenshot?

This is the legal matters forum, not the Litter Tray.

The cat was given to the OP. It is her property and she can do anything she likes with it (within the law).

The fact that the shelter is unhappy is neither here nor there. They do not own the cat and have no rights to it.

As your neighbours offered you money several times, why haven't they considered offering the shelter a donation or formal adoption fee?

I’d check the fine print of anything you signed.

Some shelters do include clauses that state they have the primary right to take the animal back if you don’t want it anymore. It’s for their own protection because if something goes wrong with the animal and it attacks or kills someone (unlikely with a cat but not impossible, technically) they could be liable.

They won’t tell you that but it’s usually what the issue is. There’s a clause in the contract I signed for one of my dogs about if I ever decide to get rid of it, then I have to take it back to the same shelter. Not even the same organisation in a different shelter…same exact shelter.

I've posted upthread that me and the other couple have gone through every single page of what was signed 3 times. Nothing at all in there mentions handing back etc. the ONLY thing the shelter included was a form to set up a standing order for a monthly donation and gift aid form. The rest was paperwork in relation to the 4 week free pet plan cover which we have checked 3 times. The only thing it says about ownership is if ownership transfers, the 4 week insurance cannot be transferred.

if theres nothing in the docs you've signed then theres nothing they can do- it shows the difference in professionalism between small one man band type shelters and the bigger organisations. Having volunteered in animal rescue services, there are many well meaning and caring people but equally there are some people who are highly eccentric /somewhat crazy to say the least who have no people skills and the animals are put over and above any other consideration (hence why some places are even really reluctant to re-home their rescues!)

Did you check the terms and the FAQ on the website? X

They don't have a website, just a Facebook page which is mainly for their shop

Tbf I can see why. 2 weeks is no time at all and they don't kniw anything about this neighbours ability to care for the cat.

Whilst I would advise you to not have any further contact from them and to wait for their solicitor’s letter (which I doubt will arrive from how you have described the rescue centre) but if they do speak to you ask for the terms and conditions that you have signed saying you cannot rehome your cat so that you can pass it on to your solicitor and any further communication direct will be classed as harassment and treated as such.

The shelter are claiming that she is too close to me and my house, and the minute the cat gets outside and gets a smell of my scent, she will be back over at our door begging to get in and so confused. They kept saying "she's too close to the cat, that's why we never rehome in the same area”.

This is nonsense. I used to work as a home checker for a cat rehoming shelter. It would be true you’d had the cat for years and was completely settled there, but that cat has only been with you for days. She will settle fine in a new home nearby, and if she does visit you - so what? My cat visits my friend down the road.

From all you've said this does sound like a case, as a previous poster said, of the ‘shelter’ being animal hoarders. In theory you should have told them and let them have the say about rehoming (for all the reasons other posters have given). In practice the woman sounds unreasonable, and does not seem to have the best interests of the cat at heart.

Hopefully if you refuse to engage with her, this will all calm down. But my concern would be that when the cat goes outside she may attempt to take her.

You can't just give your cat away from an adoption centre after 2 weeks the centre will have that in their policy . It isn't a bought cat you didn't buy it.

You should have returned the cat to the shelter and your neighbours applied to adopt her. However any reputable shelter would now be making a home visit to the neighbours and deciding if it was in the cat's best interests to stay there. She is obviously more concerned about her ongoing donations.

I've had rescue animals and have never been expected to make continuing donations to the centre. I have always made a donation, even in the days when it was not requested. I hope you've made it clear that if the cat goes back the donations end, if you havent stopped the already.

Unfortunately she isnt going to change the chip and that will make it difficult if the cat is ever injured and taken to the vet.

Jesus Christ, no I've not fobbed the cat off to be used in dog baiting! Classic Mumsnet jumping to the worst conclusion!

No-one is sayingyou were! They were just explaining why rescues say that their animals must either remain with the original adopters or be returned to the rescue. Otherwise vetted 'adopters' would obtain animals for people who would never be allowed animals.

Our cat remained the property of the rescue, whole being 'our' cat for 20 years! That's how they managed it from a legal perspective.

When they say you are ‘adopting’ a cat, it’s just a marketing gimmick to make everyone feel good. Legally, you are buying an item. And once you have bought an item, the seller cannot dictate what you do with it.
Adoption contracts are sales contracts.

At the very most, the charity may be able to sue you for breach of contract (but not if the clause isn’t in your contract!) which is a civil matter, and all they can really ask for is compensation for the monetary loss they have occurred by you rehoming the cat (and a judge will likely say no loss at all).

I'd report the shelter for negligence. And make a formal complaint to the governing body. They sound demented. None of what they propose is in this poor cats's best interest.

*UPDATE
*
The shelter owner turned up at the new owners house (she had their details as I was under the impression she was updating the microchip). Long story short, a house assessment was agreed and kitty is staying put. I'm not sure what's changed her mind from last night as she was hellbent on taking her away, but she can stay where she is and the chip will be updated with the new owners details.

I'm so glad this is all over, and I have learned my lesson big time.

Thank you all for the helpful comments.

Our cat remained the property of the rescue

Of course it didn't. It's gob-smacking that people believe this crap.

In law, a cat is an item of property, like any other. If I sell you a car, give you a car, or even allow you to 'adopt' a car, can I insist that I retain rights over it and prevent you selling it to someone else? Of course not. A cat is legally no different.

Glad it's sorted, what a stress for you both!

Glad kitty is staying put, no doubt unaware of the drama. 🐈‍⬛

Quite honestly I’m not surprised.Rescues go to a lot of trouble making sure a cat goes to a good home.The cat should go back to the rescue so they can find a suitable home.Perhaps if the person you have passed the cat off to can convince them by home checks etc it may make things better, but the cat should have gone back to them not passed off to another home.

shelters always make it clear, orally and in writing, that a pet has to go back to them if it needs re-homing. You can't have missed that, surely.

Hopefully, they will find the new family suitable and let them keep it.

Apologies, I now see this is what happened. Great news.