Grey Squirrels and the Law
England
*the law in Wales, Scotland & Northern Ireland to be added soon
Embedded Files
What they tell you and what they don't tell you
Grey Squirrels (Prohibition of Importation and keeping) Order 1937
Destructive Imported Animals Act 1932
Wildlife and Countryside Act 1981
Animal Welfare Act 2006
Wild Mammals (Protection) Act 1996
Hunting Act 2004
Grey Squirrels (Prohibition of Importation and Keeping) Order 1937
Destructive Imported Animals Act 1932
Invasive Alien Species (Enforcement and Permitting) Order 2019
WHAT THEY TELL YOU
“It is illegal to keep a grey squirrel in captivity.”
“It is illegal to keep a grey squirrel in captivity.”
This claim is repeated constantly by councils, vets, DEFRA, Natural England and much of the media.
They refer to the 1932 Act and the 1937 Order and imply that keeping a grey squirrel is always illegal.
WHAT THEY DON'T TELL YOU
It is legal to keep a grey squirrel in England WITH a licence.
It is legal to keep a grey squirrel in England WITH a licence.
Under the IAS Order 2019, Natural England can issue:
A01 — Temporary Keeping/Rescue
A02 — Permanent Keeping (long-term captivity)
These licences override the 1932/1937 Prohibitions.
*Wales issues A02 licences Permanent Keeping (long-term captivity). This form is to be accompanied by a Veterinary Inspection Form. These can be obtained from Natural Resources Wales.
*Scotland has much stricter and more draconian legislation and does not provide licences for grey squirrels.
*We are awaiting to ascertain the legal situation in Northern Ireland*
The 1932 Act and the 1937 Order DO NOT override the 2019 Order.
The 1932 Act and the 1937 Order DO NOT override the 2019 Order.
The IAS Order 2019 is the active, governing legislation.
Older laws remain on the books but are effectively superseded whenever a licence is granted.
The law in England and/or Wales does not ban the keeping of grey squirrels.
It bans the unlicensed keeping of grey squirrels.
Licences can be issued under the Invasive Alien Species (Permitting and Enforcement) Order 2019 — the public are simply never told this.
Licences can be issued under the Invasive Alien Species (Permitting and Enforcement) Order 2019 — the public are simply never told this.
Wildlife and Countryside Act 1981 (Schedule 9)
Freeing Trapped Grey Squirrels
Freeing Trapped Grey Squirrels
It is NOT illegal to free a grey squirrel that has been accidentally trapped, or to release it in the exact same place where it became confined.
Freeing an animal from accidental entrapment — including:
netting
bird feeders
roof spaces or attics
chimneys
sheds or garages
fences
walls
park or garden structures
—is not treated as an unlawful “release into the wild” under Schedule 9 of the Wildlife and Countryside Act 1981, nor under the Invasive Alien Species (Enforcement and Permitting) Order 2019.
Natural England has confirmed in writing that returning an accidentally trapped grey squirrel to its immediate surroundings is lawful.
Releasing in situ does not constitute an offence.
Animal Welfare Act 2006
Emergency First Aid for Injured or Orphaned Grey Squirrels
Emergency First Aid for Injured or Orphaned Grey Squirrels
Taking home an injured, sick, or orphaned grey squirrel temporarily, for the purposes of providing emergency first aid, is NOT illegal in England.
This is a crucial point that the public is rarely informed about.
Under the Animal Welfare Act 2006, every person has a legal duty to take reasonable steps to prevent unnecessary suffering.
Temporary possession for welfare reasons, including:
stabilisation
rehydration or warmth
emergency first aid
arranging transfer to a licensed rescue centre, vet, or permitted carer
is lawful.
There is no offence where the intention is welfare and safe transfer to a lawful destination.
Natural England has acknowledged in previous communications that temporary possession for genuine emergency rescue is not criminal.
Wild Mammals (Protection) Act 1996
5. Destroying a grey squirrel in an inhumane way is illegal.
5. Destroying a grey squirrel in an inhumane way is illegal.
The Animal Welfare Act 2006 and the Wild Mammals (Protection) Act 1996 still apply.
This means the following are criminal offences if done to a squirrel:
beating
drowning
asphyxiation
bludgeoning
causing unnecessary suffering
using traps that cause pain or prolonged distress
This point is never mentioned in grey-squirrel “control guidance”.
Hunting Act 2004 (Schedule 1)
Hunting Act 2004 — Grey Squirrels and Dogs
Hunting Act 2004 — Grey Squirrels and Dogs
Under the Hunting Act 2004, it is a criminal offence to use dogs to hunt any wild mammal, unless a specific exemption applies.
A grey squirrel is legally defined as a wild mammal, so the Act applies in full.
🚫 It is illegal to hunt a grey squirrel with dogs
🚫 It is illegal to hunt a grey squirrel with dogs
You must not use dogs to:
chase
pursue
catch
attack
kill
a grey squirrel, whether it is on the ground, in vegetation, or in trees.
There is no exemption in the Act that allows dogs to be used against grey squirrels, even though the grey squirrel is listed as an invasive alien species.
🚫 It is also illegal to cause a squirrel to be hunted by dogs — even unintentionally
🚫 It is also illegal to cause a squirrel to be hunted by dogs — even unintentionally
The offence includes:
intentionally hunting
participating in a hunt
assisting the hunt
encouraging dogs to pursue a squirrel
permitting a dog to hunt
failing to prevent a dog from pursuing the squirrel, when reasonably able to do so
This means you can commit an offence even if:
you did not intend to harm the squirrel
the dog chased it spontaneously
you failed to call the dog back promptly
you “allowed” it to continue by inaction
Once the dog actively hunts or pursues the squirrel, the Hunting Act 2004 applies.
Invasive alien species status does not override animal-welfare protections
Invasive alien species status does not override animal-welfare protections
Even though the grey squirrel is classed as an invasive species under separate legislation (IAS Order 2019), this does not remove its protection from being hunted with dogs.
The Hunting Act 2004 still applies, regardless of species classification.
Are you “legally obliged to kill” a grey squirrel if you capture one?
Are you legally forced to kill a grey squirrel you trap?
Are you “legally obliged to kill” a grey squirrel if you capture one?
Are you “legally obliged to kill” a grey squirrel if you capture one?
No.
There is no law in England, Wales, Scotland and Northern Ireland that obliges any member of the public to kill a grey squirrel — or any animal — under any circumstances.
This persistent myth is promoted by some pest-control companies and red-squirrel organisations, but it has no legal basis whatsoever.
There are two relevant legal duties, and neither requires killing.
Myth vs. Law: “You must kill them” — FALSE
Myth vs. Law: “You must kill them” — FALSE
The actual law:
The actual law:
It is an offence to release a captured grey squirrel, or allow it to escape, under:
Wildlife and Countryside Act 1981, s.14
Invasive Alien Species (Enforcement and Permitting) Order 2019
WHAT THIS MEANS:
WHAT THIS MEANS:
✔ You must not release a squirrel into the wild at a new or different location
✔ You must not let it escape if you have intentionally confined it
✘ But this does not impose a duty to kill it
✘ Nowhere in UK law does it say “you must kill captured grey squirrels”
This is the single biggest misunderstanding surrounding grey squirrel law.
If a person chooses to kill a squirrel, it must be done humanely
If a person chooses to kill a squirrel, it must be done humanely
If someone voluntarily decides to kill a grey squirrel, then the method is regulated by:
Animal Welfare Act 2006
Wild Mammals (Protection) Act 1996
These laws require:
a humane method,
applied competently,
with no unnecessary suffering,
and no cruel or prohibited methods (e.g., drowning, beating, bludgeoning, suffocation).
But again:
These laws regulate how killing may be done — not whether a person must kill.
These laws regulate how killing may be done — not whether a person must kill.
There is no legal obligation to kill under any circumstances.
So what are your actual legal options if a grey squirrel is captured?
So what are your actual legal options if a grey squirrel is captured?
There are three lawful options, none of which require killing:
✔ 1. Free it immediately in situ
✔ 1. Free it immediately in situ
If the squirrel was accidentally trapped (netting, bird feeder, attic, shed, garden), releasing it at the same location is legal and not considered an “unlawful release.”
Natural England has confirmed this in writing.
✔ 2. Transfer it to a licensed person or facility
✔ 2. Transfer it to a licensed person or facility
Under the IAS Order 2019, you can deliver it to:
a wildlife vet
a licensed rescue
a permitted facility (A01/A02 licence holder)
✔ 3. Keep it temporarily for emergency welfare (but not in Scotland)
✔ 3. Keep it temporarily for emergency welfare (but not in Scotland)
Under the Animal Welfare Act 2006, temporary care for:
first aid
stabilisation
transport to a rescue or vet
is lawful.
There is no offence if your intention is welfare and transfer to a lawful destination (except in Scotland).
More generally...
Vets are also not compelled to kill a grey squirrel. If you capture a grey squirrel you have a number of options, but you are not compelled to kill it: -
Take it to a vet (although the vet will likely put the healthy animal to sleep). We advise against this unless essential.
In the meantime, please view the following link for emergency squirrel care, in the event you find a squirrel without immediate access to a vet or rescue centre nearby. Grey Squirrel Care However, w are waiting a response from Natural England so the legality of taking a grey squirrel home is uncertain currently. As soon as we have their response we will post it here.
Natural England has since confirmed in writing that members of the public (in England) are permitted to take grey squirrels home to administer first-aid, although seeking a vet, rescue centre or licensed facility must be done promptly,
The vast majority of organisations are informing the public that grey squirrels cannot be released if they are trapped, and that they must be killed. This is false. If the squirrel is trapped (for example, in a bird feeder, on your property, or in netting in a park), free it. The law still permits freeing grey squirrels and releasing them where they were found. www.rspca.org.uk/adviceandwelfare/wildlife/squirrels/injured
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