The government is facing a legal battle over changes to legislation on how chickens are handled.
Beginning 3 February, The Animal Law Foundation said it would challenge the government at the Royal Courts of Justice over changes made to policy that permits handling chickens by their legs – a practice the charity said causes “immense suffering”.
The charity has argued that changes to animal welfare codes by the government did not correctly reflect the law and the following consultation process to amend the law was unfair and therefore unlawful.
Under European Transport Regulation 1/2005, which until recently applied in the UK, it was illegal to “lift or drag the animals by head, ears, horns, legs, tail or fleece, or handle them in such a way as to cause them unnecessary pain or suffering”.
However, the government permitted this practice in its Code of Practice for the Welfare of Laying Hens and Pullets and the Code of Practice for the Welfare of Meat Chickens and Meat Breeding Chickens. The government then changed the law to remove the legal protection via a Statutory Instrument, which came into force on 22 July 2025, the Animal Law Foundation said.
The government said that the current legislation, permitting laying hens, meat chickens, and turkeys weighing 5kg or less, to be caught by two legs aligns with existing GB statutory guidance and provides clarity on how poutlry must be caught during transport operations.
The charity, represented by Philip Rule KC, argues the consultation that paved the way for the change in law was unfair as the government did not engage in consultation when the policy was still at a formative stage, having already determined they would be diluting the protection.
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“Consultations must be fair. Whilst a public authority can have a ‘preferred’ outcome, it must not have a predetermined outcome or have a closed mind,” said Animal Law Foundation founder and executive director Edie Bowles. “Here the government had made it clear beforehand that its plan was to change the law to allow for the handling of chickens by the legs.”
The foundation said Defra acknowledged “strong evidence” that catching chickens upright was better for their welfare in the consultation, which also found 59% of respondents did not support the proposed changes.
If the challenge to the consultation proves successful, it is hoped the law will be quashed and revert to its previous form.
“The outcome of this hearing will affect the lives of around a billion chickens in the UK each year and determine the difference between treating animals with compassion or treating them merely as commodities to maximise profit,” said Morgane Alting von Geusau, Animal law Foundation advocacy and communications co-ordinator. “Each individual deserves to have their legal protection respected and not removed if it doesn’t suit commercial interests.”
“All farm animals are protected by comprehensive and robust animal health and welfare legislation, and we’re committed to upholding the highest animal welfare standards,” said a Defra spokesperson. “We cannot comment on ongoing legal proceedings.”
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