As the weather improves, more people will be out enjoying the countryside, leading to a considerable increase in the risk of civil or criminal liability if members of the public are injured by livestock in fields crossed by public rights of way. While such incidents are rare, they typically involve dog walkers and cows with calves in fields or enclosed areas. These incidents can be serious, often drawing widespread media attention, and they can be highly stressful for farmers – even if they are not at fault.
When deciding where to keep livestock, it is essential to evaluate the level and type of public access on your land. This assessment helps determine the best areas for cattle and what precautions are necessary to minimise the risk of incidents. Farmers should also review their insurance policies to understand any specific requirements related to livestock on publicly accessible land. Taking these steps can help reduce risks and prevent potential liability.
Precautions to take
- Bulls of recognised breeds are banned from being in fields with public rights of way. These include recognised dairy breeds e.g., Ayrshire, Friesian, Holstein, Dairy Shorthorns, Guernsey, Jersey and Kerry.
- You should always consider the animal’s temperament and behaviour and monitor its demeanour and state of health on a frequent basis. If there are any signs of aggression or unpredictability, you should not keep the animal in a field with a public right of way.
- Beef bulls are banned from fields or enclosures with footpaths unless they are accompanied by cows and heifers.
- If possible, when cows are calving, avoid putting them in fields with public access, especially during busy periods e.g., school holidays.
- Assess whether calves kept with a herd will affect the behaviour of older cattle.
- Consider erecting a temporary fence alongside a public right of way to keep the public and cattle separate.
- Plan locations of handling stock or feeding to ensure they do not obstruct, or are near a public right of way.
- Ensure you have a planned course of action if you are in a situation where the landowner and cattle owner differ.
- An alternative route can be offered or provided – bear in mind that even if you do decide to provide an alternative route, the public will still be entitled to use the public right of way.
Minimising the risk
- Wherever possible keep cattle out of fields with public rights of way.
- Check that fences, gates, stiles etc are fit for purpose and safe.
- Check that footpaths are clearly marked.
- Make arrangements for checking the temperament of cattle, fences and surrounding areas.
- Plan how to safely move individual cattle, the whole herd, or part of it, from field to field. Remember that inadequately controlled cattle on roads can cause public concern, damage, or injury.
- Ensure cattle handling systems are available should you need them.
- If bulls are on hire, lease, or loan, or if other cattle are new to the farm, check that they are suitable to keep in an area used by the public before putting them in such an area. A few days in another field, or in a stock building where they can be closely and regularly observed, should be adequate.
Signs
Even though you should have made every effort to not keep aggressive, or potentially aggressive animals in a field or area with public access, it is good practice to display signs informing the public when a bull, or cows with calves are in the area.
- Consider putting a sign at any gate, stile, or other access points to a field or open area such as fell, hill or moorland, if there is a bull, or cows with calves at large there.
- Signs should conform with suitable standards.
- A suitable bull sign would be triangular with a yellow background and a black band around the outside. A bull or bull’s head should be shown (black on yellow) on the sign, with supplementary text (also black on yellow) such as ‘bull in field’ if desired. Supplementary text should not suggest that the bull is aggressive, threatening, or dangerous (i.e., avoid words such as ‘beware’ or ‘danger’).
- Signs alerting the public to the presence of other cattle, including cows with calves should be informative, and the use of symbols will help children, and those unable to read, to be aware of the risks.
- Signs should not be displayed or should be securely covered when the animals to which they refer are not present in the field or area. Misleading signs which deter the public from exercising their right of responsible access are likely to be regarded as obstruction and should never be used.
- Electrified stock fencing used near to public rights of way will also require warning signs located at suitable intervals along its length – generally 50 to 100 metres apart.
Find out more at:
Cattle and public access in England and Wales (hse.gov.uk)
Public rights of way: landowner responsibilities – GOV.UK (www.gov.uk)
Natural Resources Wales / The Countryside Code: advice for land managers
For further help and advice, please contact our Health and Safety team on 01981 590514.
