Another walker killed by cows…..is there a solution?

Germanshepherdsmum

I can only say that I have seen instances of fields over which there are several public rights of way.

Yes there are, however these tend to be arable and farmers will remove ancient hedging to make huge areas that are more economical for large farm machinery. Not always the case, of course, but fields for stock tend to be smaller using the existing hedging or stone walls (depending on the area). One of my local farmers has three fields, all about 6/7 acres. Two of them have a footpath running parallel to each other but because he can open interconnecting gates, you never quite know where his cattle are. However, he uses these fields mainly for store cattle and if he has young bullocks, he puts them in the field without a footpath, not because they are aggressive but because they can be very curious and over friendly. I avoid the cattle (although store cattle are generally fine) if I know they are there but it's not always possible to see them, then dog goes on a short lead at my side away from the cattle and we keep our distance. However, I'm always ready to drop the lead if I need to, cows with calves though are a different matter altogether!

I can only say that I have seen instances of fields over which there are several public rights of way.

Thank you too for putting me right about your qualifications.

Quite right there may be but not often. The idea that farmland is crisscrossed with numerous PRoW is not accurate.

Wish I had £1 for every time I’ve clashed with County Councils (who normally have responsibility for highways as of course you will know) and pulled them up over their statutory duties re Rights of Way.

I was a solicitor with a highway authority so know all about Definitive Maps, thank you. There may be more than one public right of way over a field.

Germanshepherdsmum

And your authority for that is … ?

If that question is directed at me….then can I suggest you look at your local Definitive Map. This will show you all the legal Public Rights of Way. Then you can judge for yourself.

I think it’s all very well arguing the legalities on here but in reality people taking walks on a nice day aren’t aware of this. They see a sign saying Public Footpath and assume it’s safe. People are dying and being badly injured. If you have a sign on your gate saying Beware of the Dog you will still be in trouble if that dog bites the postman.

A bit of light reading:

www.landregistry-titledeeds.co.uk/frequently-asked-questions/information/public-rights-of-way.asp

I always carry a stick when walking. Cows will leave you alone if you use it on the boney part of the top of the head
😲 if I were the farmer I would not be best pleased.
Have you heard of the RSPCA?

Greyduster

I don’t know about the efficacy of hitting cows on the head with sticks, but someone who worked with horses once told me that if you wanted to deter a horse from paying you too much attention shake a plastic bag at it! This was after I was bitten on the shoulder by a horse who obviously mistook me for a sugar lump. Instead of carrying a plastic bag I’ll walk a mile to avoid being anywhere near a horse!

They hate plastic bags. And if they see a bin bag lying by he side of the road it’s a monster waiting to pounce on them.

And your authority for that is … ?

The idea that one farmer’s land is cross-crossed with multiple Public Rights of Way is not correct. There may be many ‘footpaths’ but these carry no right of use. They are simply paths or ‘desire lines’. Public Rights of Way are much fewer.

I don’t know about the efficacy of hitting cows on the head with sticks, but someone who worked with horses once told me that if you wanted to deter a horse from paying you too much attention shake a plastic bag at it! This was after I was bitten on the shoulder by a horse who obviously mistook me for a sugar lump. Instead of carrying a plastic bag I’ll walk a mile to avoid being anywhere near a horse!

I always carry a stick when walking. Cows will leave you alone if you use it on the boney part of the top of the head (last resort of course)

Maybe they are hoping for divine protection.

The field at the end of our garden is a pilgrim route. The footpath goes across the middle of the field, which is a long field. In summer it has cows calves and a bull. There is a sign on the gate to say there’s a bull in the field but people will have walked miles along the pilgrim route and will just continue to follow the signs. There is nothing to say that walkers could just walk along the pavement for a short way and pick up the route. DH saw a cow turn on a fox that ran across the field one day.

If this thread has proved anything, it's that common sense isn't all that common!

Greyduster I can't help thinking that many of the contributors to this thread are not walkers and therefore might find it hard to appreciate what a wonderful amenity our network of footpaths provide. I live rurally and used to be surrounded by dairy farms, all but one gone now, but we still have store cattle and sheep. Many of my friends are farmers, both of my OH's parents were born on farms, so I am totally supportive of the farming community. Farmers know what their responsibilities are regarding footpaths on their land, many take their responsibility seriously others unfortunately, do not. When a woman is murdered on the streets at night, should we tell women to stay indoors in case there's a murderer on the loose? It seems to me that people are telling walkers to stay off footpaths in case they get trampled by cattle, whereas the answer is for farmers to follow the advice given by the HSE and in the article I posted in Farmer's Weekly.

We are so fortunate to have an extensive network of footpaths and the right to use them should be defended. They were hard fought for too, Foxie.

“The Kinder Trespass took place in 1932. The event was organised by the Manchester branch of the British Workers Sports Federation. They chose to notify the local press in advance, and as a result, Derbyshire Constabulary turned out in force along with landowners and gamekeepers. A smaller group of ramblers from Sheffield set off from Edale and met up with the main party on the Kinder edge path. Five men from Manchester, including the leader, Benny Rothman, were subsequently jailed. It has been described as the the most successful direct action in British history. It arguably led to the passage of the National Parks legislation in 1949[8] and helped pave way for the establishment of the Pennine Way and other long-distance footpaths. Walkers' rights to travel through common land and uncultivated upland were eventually protected by the Countryside and Rights of Way Act (CROW Act) of 2000.”

Kartush

Personally, I think it is a stupid idea to have public walkways through farming land. Farming land is just that, land to farm on. Stay away from these places, find somewhere else to walk. I do realise that England is a small country but surely there are other places to wander around in.

Well of course you can walk on the pavement, not very enjoyable or you could go to a park or you could get in your car/train/bus and travel to your nearest open common or pay to walk round the grounds of an historic house. However, I doubt the owners of pubs, cafes, accommodation etc in areas like the Peak District, Lake District, Exmoor, Dartmoor etc etc would agree with you. Footpaths enable people who are not "land owners" to enjoy the countryside, get healthy exercise ,saving the NHS goodness knows how much, brings money into rural communities and generally contribute to the UK economy. Kartush there is very little publicly owned land in the UK. I own a small amount, 12 acres, not enough to walk on, but as I have said already, I have a footpath across one paddock, so I know it can be a nuisance but we are so fortunate to have an extensive network of footpaths and the right to use them should be defended.

The HSE advice on signs is fine if walkers take notice of the advice given, if entitled walkers deliberately ignore the signs it is still the farmers fault if injury occurs.

Just like any other business farms have to do a risk assessment for every activity, with various safeguards, at the highest level (death or serious injury) you eliminate the risk, separate walkers from the livestock, signs are not enough.

foxie48

Thank goodness some people have commented that the public have a legal right to walk on a footpath and the farmer has a responsibility to ensure they are safe when doing so. I thought I was the only one! Let me say again, it is sometimes not possible to avoid using a footpath. We frequently take holidays with out dog, plan circuit routes using designated footpaths. They are often day walks with a stop at a pub for lunch. We frequently come across footpaths that are not marked as such (illegal), blocked (illegal) been moved (illegal) go through fields containing stock (not illegal but the farmer has a legal responsibility to make it SAFE for walkers). It is not up to the walker to deviate onto private land (trespassing) . If someone has walked most of the day and is within a mile or two or their destination, it isn't possible to turn round and come back when the cattle have gone. I have a very well trained dog who will "sit, stay" off lead so I can go through a field and call him through when I am safely across, but most people can't do this. Just put up a temporary fence, put a sign up at each end of the footpath so people know there are cattle with calves at foot and if possible make another route that is temporary but safe. it is not just common sense it is a legal requirement to ensure walkers are safe.

Excellent post, recently we did a circular walk, one that’s in many guide books and actually has little mosaics as markers all the way.
The very end of the footpath would have taken us through two fields of cattle with calves at heel.
We did find a diversion but it meant scrambling over a stone wall and deviating from the footpath.

Personally, I think it is a stupid idea to have public walkways through farming land. Farming land is just that, land to farm on. Stay away from these places, find somewhere else to walk. I do realise that England is a small country but surely there are other places to wander around in.

foxie48 QED

Based on his assessment of the Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guideline District Judge Kitson at Leeds Magistrates Court sentenced Mr Sharpe to a custodial sentence of 12 weeks suspended for one year, a fine of £750 and prosecution costs. A key element of the Judge's decision was his view that a reasonably experienced stockman would have erected warning signs warning members of the public of the presence of cows and calves but the Judge also considered that a reasonably experienced stockman would have considered implementing fencing to keep cattle with calves away from members of the public exercising a right along a public right of way.

The HSE guidance for farmers suggests that consideration should be made to where livestock are kept and, if possible, cattle should be kept in fields that do not have public access especially when they have calves at foot. If there are no suitable alternative pastures however, as often is the case, the HSE suggest that precautions are taken such as:

At least once each day, assess the animals to 1) ensure that the herd are generally placid and well-behaved and 2) ascertain whether calves being kept with the herd will affect the behaviour of the older cows;
If it is reasonably practicable temporarily fence alongside the public right of way;
Ensure that paths are clearly marked or consider offering an alternative route by signposting walkers to routes with no livestock but bear in mind that it is an offence in itself to prevent members of the public from using a right of way;
Plan the location of the handling and feeding areas away from the public right of way – make sure that water containers are not kept near any right of way; and
Regularly check that fences, gates and stiles are safe and fit for their purpose. For full guidance, read here >

The HSE state that it is good practice to display signs informing the public when a bull or cows with calves are in the area and that this is something that should be considered by farmers. There are further details in the guidance regarding the location of signs and the type of signs recommend to alert the public to the presence of livestock, these can be sourced for free from the NFU.

Did it work Deeda? I’m more experienced with dogs than heifers. My experience is yiu can train dogs to do stuff, it’s harder to train them not to do stuff. I had a gorgeous lab cross, gentle, obedience stunning - until she scented deer, then she’d clear anything gate/stone wall etc to use your phrase, like a grand national winner.
I suspect dogs are easier than cows