Animal Welfare: trial by social media

Guest blog by Alison Howey LLB [Hons] Barrister at Law, PGHEP, Fellow of the HEA

At a time when everyone is shocked at the disclosure of video footage showing GB’s equine sweetheart Charlotte Dujardin whipping a horse repeatedly, we all need to take stock and consider very seriously animal welfare and in particular equine welfare.

The background

Recently released footage shows Olympic gold medallist Charlotte coaching a rider and horse combination from the ground, where Charlotte can be seen hitting the horse with a lunging whip. A lunging whip is designed to hit the ground or make a cracking noise to propel an unmounted horse when on a lunge rein. The actual whip is a long, lightweight and very narrow whip, it is not designed nor intended to make contact with the horse.

The lawyer behind the disclosure of the video footage, Stefan Wensing, stated:

“The abuse caught in the video happened two and a half years ago. My client saw Dujardin abusing a horse several other times. Charlotte told her, ‘This is how we do it, this is how we train the horses’. At first my client thought, ‘Oh, she’s an Olympian, who am I to question her?’ But she knew it was wrong and wanted to stop it. Dressage people warned her, ‘They’ll come for you’. They said that Charlotte Dujardin was a dressage superstar and that my client’s life would end. My client only felt able to speak out when she saw that two other Olympic riders had been suspended this year. They were also suspended for abusing horses so my client felt she could finally fight for animal rights”.

He reported the incident to the Federation Equestre International [FEI] the tribunal established under Article 38 of the FEI Statutes composed of a Chair and a minimum of six other members, each with legal expertise and appropriate knowledge and experience of equestrian sport. The FEI also has the power to prepare case files and pass them on – potentially leading to police probes.

Upon receiving the video, the FEI promptly initiated an investigation. As part of this investigation, Ms. Dujardin, British Equestrian, and British Dressage were informed of the allegations. Subsequently, Ms. Dujardin confirmed that she is the individual depicted in the video and acknowledged that her conduct was inappropriate. On 23 July 2024, she requested to be provisionally suspended pending the outcome of the investigations and voluntarily withdrew from the Paris 2024 Olympic Games and also confirmed that she will not participate in any competitions pending the outcome of the FEI’s investigation.

The FEI made an official announcement:

“The FEI has officially announced the provisional suspension of British Dressage athlete Charlotte Dujardin (FEI ID: 10028440) effective immediately from the date of notification, 23 July 2024.”

This decision renders her ineligible to participate in the Paris 2024 Olympic Games or any other events under the jurisdiction of the FEI. During this period of suspension, she is prohibited from participating in any activities related to competitions or events under the jurisdiction of the FEI or any competition or event under the jurisdiction of a National

Federation (NF). In addition, the British Equestrian Federation has mirrored this provisional suspension, which also makes Ms. Dujardin ineligible to compete in any national events during this period.

Regulation of whips in equine sports

The British Horseracing Authority [BHA] led the way in introducing strict rules and guidance for the use of whips when riding. With input from the RSPCA, they designed the only authorised whip which is foam-padded and energy absorbing, comprising a composite spine with a polymer surround, encased in thick foam padding.

Jockeys must ride under strict regulations when it comes to use of the whip, which can be used a maximum of six times in a flat race or seven times in a jump race. Any rider found to have contravened the rules will face a suitable punishment such as a suspension, monetary fine or disqualification. In assessing a rider’s use of the whip the Stewards should always remember that the whip must only be used for safety and encouragement.

British Showjumping [BS] quickly followed suit with their own rules along a similar vein, stating that all competitors are only to carry or use an approved standard of whip in the competition arena, the collecting ring or anywhere, on, or in the immediate vicinity of the showground. The use of such whips is also strictly monitored by stewards in all areas and where any excessive use is witnessed, the judges will review and discipline the rider appropriately.

Dressage does not allow the presence or use of whips at all in the competition arena. However, they can be used in the warm-up or practice areas.

Under British Equestrian’s code of conduct, a whip must not be misused or used excessively, while it also says the “abuse of a horse using natural riding aids or artificial aids (e.g. whips, spurs, etc.) will not be tolerated”.

Other similar incidents

Sadly this is not a unique incident and there have been several other high-profile cases of inappropriate treatment of horses.

Denmark’s reserve rider Carina Cassoe Kruth had been replaced in the Paris squad, after a controversial training video was sent to the Danish Riding Association.

This came just months after Andreas Helgstrand was banned from the Danish team until 2025, after an undercover documentary exposed the use of what the Danish Riding Association said were “unacceptable” training methods at Helgstrand Dressage training stables. The undercover journalist found horses with welts from whips, mouth sores and spur marks that were hidden with shoe polish. Helgstrand Dressage said the mistreatment “did not live up to our guidelines and values”.

Earlier this year, former Colombia and then United States rider Cesar Parra was suspended by the FEI pending an investigation into “the disturbing and abhorrent images and videos” that emerged of his training techniques.

Sir Mark James Todd, well known New Zealand born Eventing champion, who has won several Olympic gold medals and other prestigious competitions, was suspended by the BHA after a video emerged of him repeatedly hitting a horse with a tree branch in February 2022. Todd stepped down as a patron of the World Horse Welfare charity which said: “The treatment of the horse in this video is disturbing and unacceptable”.

Well known, Scottish showjumper James Smith was banned from national and international competitions while he was investigated for allegedly using an outlawed training method at a European event. Welfare concerns were raised over photographs which appeared to show a cane being used to make the horse lift its legs higher [referred to as rapping] over a practice jump in March 2024.

Legislation in England & Wales – Prosecution under the Animal Welfare Act 2006

Section 4 Unnecessary suffering

(1) A person commits an offence if—

(a) an act of his, or a failure of his to act, causes an animal to suffer,

(b) he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,

(c) the animal is a protected animal, and

(d) the suffering is unnecessary.

As someone regularly involved in both sides of animal welfare prosecutions it would be difficult to prove beyond a reasonable doubt that the horse in question suffered any physical harm, in that this video footage is said to be from approximately 4 years ago. The Animal Welfare Act does cover emotional harm – “suffering” means physical or mental suffering and related expressions shall be construed accordingly.

However, let us not forget that sub-section 2 provides that:

(2) A person commits an offence if—

(a) he is responsible for an animal,

(b) an act, or failure to act, of another person causes the animal to suffer,

(c) he permitted that to happen or failed to take such steps (whether by way of supervising the other person or otherwise) as were reasonable in all the circumstances to prevent that happening, and

(d) the suffering is unnecessary.

Closing thoughts

As a lawyer that has been regularly involved in both prosecution and defence of animal welfare offences if there were to be a prosecution under the Animal Welfare Act, which I would think unlikely due to the lack of any evidence of physical harm caused to the horse,

sub-section 2 could render those other persons present to be similarly responsible for failing to act to prevent that horse from suffering. However, the RSPCA has said it is “ready to provide any support” to the authorities probing the footage of Charlotte Dujardin.

What are the likely results of the FEI investigation? Charlotte Dujardin has already been banned from competing until the conclusion of the FEI enquiry and she has lost her funding from UK sport and lost her role as ambassador for horse welfare charity Brooke. Her reputation has all but been destroyed by the disclosure of the video and no doubt her chances of any further Honours have disappeared.

Mark Todd received a 4 months suspension as a result of the enquiry into the video showing him hitting a horse with a branch. By analogy Ms Dujardin may face a similar ban.

What can be learned from this incident and other recent similar cases?

I would suggest that a culture change is necessary, starting with education and the development of training methods that do not involve hitting horses, whether that be in training or competition.

Maybe now is the time to ban whips altogether in both training and competitions.