The government will face a High Court challenge this week over changes to animal welfare rules governing the treatment of chickens.
The Animal Law Foundation will appear at the Royal Courts of Justice in London on Tuesday and Wednesday (February 3-4) to challenge the lifting of EU-derived protections that prohibited chickens from being handled by foot during transport and related operations.
The foundation said the changes represent the first dilution of animal welfare standards since Britain left the European Union.
Until recently, this limit was set out in the European Transport Regulation 1/2005. It read: “It shall be prohibited to lift or drag an animal by its head, ears, horns, legs, tail or fur, or to handle it in a way that causes unnecessary pain or suffering to the animal.”
The Animal Law Foundation claims that handling chickens by the feet can cause pain and suffering, as well as injuries such as broken bones and dislocations.
They also say that when a bird lies on its side, its internal organs, which are not protected by a diaphragm, press on the lungs, which can restrict breathing.
This practice remains common during capture and loading on farms in the UK. Activists say commercial pressure to improve efficiency in slaughtering birds is to blame.
Despite previous regulations, the government has allowed foot handling through the Code of Practice on the Welfare of Laying Hens and Parent Hens and the Code of Practice on the Welfare of Meat Chickens and Breeders.
The Animal Law Foundation previously challenged these provisions as illegal. Instead of enforcing existing restrictions or amending guidelines, the government chose to amend the law.
The changes have been introduced through a statutory instrument that will come into force in July 2025. The government previously said the changes were aimed at aligning the law with established industry practice.
The legal challenge will focus on the consultation process that led to the changes. The High Court ruled that the foundation had an arguable case.
“The consultation must be fair,” said Morgan Alting von Geusau, advocacy and communications coordinator at the Animal Law Foundation.
She added: “Public institutions can bring about ‘desired’ results, but they must not have predetermined results or be closed-minded.”
He said the government had made its intentions clear before the consultation began, adding: “The outcome of this hearing will impact on the lives of billions of chickens in the UK.”
Concerns about the handling of chickens have previously been brought to light in an investigation by the Animal Justice Project, which showed that catchers were likely handling multiple birds at once.
The case will be heard over two days and the outcome is expected to shed light on how EU-derived animal welfare laws may be amended in the UK post-Brexit, and what this will mean for the future treatment of poultry.
