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What they tell you and what they don't tell you
Destructive Imported Animals Act 1932.
Grey Squirrels (Prohibition of Importation and keeping) Order 1937
Wildlife and Countryside Act 1981.
Hunting Act 2004
Grey Squirrels (Prohibition of Importation and Keeping) Order 1937;
Destructive Imported Animals Act 1932
They tell you that: Under the Grey Squirrels (Prohibition of Importation and keeping) Order 1937, issued under the Destructive Imported Animals Act 1932, it is illegal to keep grey squirrels in captivity.
They don't tell you that: It is in fact legal to keep grey squirrels in captivity. However, a licence is required from Natural England or the Welsh Government, under the Imported Animals Act 1932.
Wildlife and Countryside Act 1981 (Schedule 9)
They tell you that: It is illegal to release a trapped grey squirrel into the wild.
They don't tell you that: It is legal to release a trapped grey squirrel in the vicinity to where it was found. A grey squirrel trapped in netting in a local park or forest, trapped in a garden bird feeder, or trapped on or in your property such as in your attic, can legally be released. Therefore, no offence can be committed under Schedule 9 of the Wildlife and Countryside Act 1981, or any other legislation in this regard.
They tell you that: Rescue centres require a permit to keep grey squirrels.
They don't tell you that: Rescue centres can keep grey squirrels for up to 6 weeks without a permit or licence.
Hunting Act 2004 (Schedule 1)
They tell you that: Grey squirrels have no legal protection.
They don't tell you that: Grey squirrels have limited legal protection. Under Schedule 1 of the Hunting Act 2004, it is a criminal offence for a dog owner to permit their dog to chase or catch wildlife, which includes grey squirrels. Grey Squirrel Protection UK has witnessed prosecutions, and urges the public to video record such crimes, and report them to the wildlife crime unit of their local police force. In addition, grey squirrels have further limited legal protection under the Wildlife and Countryside Act 1981 above, as they cannot be subject to certain acts of abuse, such as drowning, which is a criminal offence, and which has seen convictions for animal cruelty.
More generally...
They tell you that: If you capture a grey squirrel you are legally obliged to kill it.
They don't tell you that: If you capture a grey squirrel you are not legally obliged to kill it. The law of the land cannot, and would never, compel a member of the public to kill an animal, or compel a member of the public to take an animal somewhere to be killed. To suggest otherwise is false. Many pest control companies regurgitate these falsehoods as they make a living from the deaths of grey squirrels. If the grey squirrel is in pain and suffering, you have the option of taking it to a vet to be put to sleep (a vet cannot charge money and cannot refuse to accept wildlife requiring euthanasia, otherwise they risk their licence to practice being revoked).
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.
Find a rescue centre with a licence to keep grey squirrels (if the rescue centre does not have a licence to keep grey squirrels, they are legally permitted to keep it for up to 6 weeks without a licence or permit, whilst looking for a licensed placement to become available).
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, we 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.
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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