The strange case about cat poo

It is not often that the Court of Appeal is asked to determine the legal status of cat poo. Yet, in what may become one of the more memorable nuisance cases of recent years, this is the issue currently in debate.

In Williamson v Caerphilly County Borough Council, the question is whether, when a neighbour's cat repeatedly leaves unwanted "gifts" in your garden, those deposits amount to a statutory nuisance under s.79 of the Environmental Protection Act 1990 (“EPA 1990”)?  This section defines statutory nuisances in the UK, such as noise, smoke, dust, and unhealthy premises. It places a legal duty on local authorities to inspect their areas, investigate complaints, and issue abatement notices when a nuisance occurs.  It provides, amongst other things, that any “accumulation or deposit" which is prejudicial to health or a nuisance may constitute a statutory nuisance.  

The dispute arose after Mr Williamson complained to his local authority that two cats belonging to his neighbour were regularly fouling his garden and expressed his concerns about hygiene and the potential risks to his newborn daughter. When they refused to take action, he sought a judicial review, following which the Council was asked to reconsider the complaint. The Council appealed. It asserts that cat poo is not a “deposit” as envisaged by the EPA 1990.  

As the Council's barrister observed, this factual matrix is a common occurrence throughout the country and, as such, the outcome could have far reaching consequences and no doubt local authorities and environmental health officers (as well as cat owners) will be following it with interest. 

The Court of Appeal's judgment has been reserved.  We have to hope that they do not put their foot in it. 

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