A COUPLE are planning to take legal action against the RSPCA after the charity decided not to prosecute them about conditions at their kennels.

John and Linda Moran, who own the A1 Kennels and Cattery at Brompton-on-Swale, near Catterick, North Yorkshire have instructed a solicitor to start legal proceedings against the charity.

A spokeswoman for the RSPCA last night confirmed that a prosecution against the couple was not being pursued.

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But the couple claim they are seeking financial damages against the charity because they have lost business and suffered emotional trauma while they have waited to discover whether any action would be taken against them.

The RSPCA was called to the kennels by police on December 15 last year after a customer who called in to pick up their cat failed to find anyone on the premises.

Police found Mrs Moran collapsed in the house and she was taken to the Friarage Hospital, in Northallerton, by ambulance.

Police officers then called in the RSPCA, whose inspectors said the conditions they found many of the animals in were "deplorable".

Speaking at the time, Gerry Palmer, of the RSPCA, said: "It's poor quality, dirty conditions that we found the dogs in. There were dogs running all over the place."

In an exclusive interview with The Northern Echo yesterday Mr and Mrs Moran claimed the dogs had only been left unattended for one night.

Mr Moran, 54, said he was in Ireland visiting his elderly mother when his wife collapsed.

He said: "We will be seeking to recover financial and personal damages. They have had six months to bring a prosecution. We have been in limbo for all that time.

"We have been through so much pain and stress and personally it has put a huge strain on us."

A spokeswoman for the RSPCA said: "We are not pursuing a prosecution. Officers worked extremely hard at the scene in a bid to safeguard the welfare of those animals in very trying circumstances.

"If this couple are proposing to take court action against the RSPCA, it is not appropriate for us to comment further."