Swanlets › Swan law in the UK: protection, the Crown and Swan Upping
Swan law in the UK: protection, the Crown and Swan Upping
Swans are protected wild birds. The old idea that the Crown owns every swan is only partly true today. This page separates the law from the legend. This is general information, not legal advice.
Wild birds are protected
The main law is the Wildlife and Countryside Act 1981. In general it is an offence to intentionally kill, injure or take a wild bird, or to take, damage or destroy its nest while it is in use, or to take or destroy its eggs. That covers mute swans. Whooper swans and Bewick's swans are also on the Act's special protection list (Schedule 1), which adds an offence of disturbing them at or near a nest, although they do not nest in the UK in any numbers. Scotland, Wales and Northern Ireland have their own wildlife laws on top, so check the local rules if you live there.
The Animal Welfare Act 2006 may also apply to any swan that is in someone's care, for example one being nursed after an injury. Cruelty to wild animals can lead to criminal charges, and so can attacking a swan with an air weapon or other means.
Does the Crown own the swans?
Sort of. Under an ancient royal prerogative, the Crown has the right to claim ownership of unmarked mute swans living in open water. In practice today the King's claim is exercised only on the River Thames and some of its tributaries. Swans elsewhere in the country, such as on the canals in the Midlands or a lake in Cumbria, are simply wild birds protected by the 1981 Act. The idea that you can be arrested for eating swan is a distortion; the real reason you must not is the wild bird law.
Swans were once a status food at medieval feasts, which is why ownership and marking mattered so much. Owners marked their birds' bills with nicks. That tradition is behind the term "swan marking".
Swan Upping
Every July, usually in the third week, Swan Upping takes place on the Thames in a stretch upriver of London, from Sunbury towards Abingdon. Teams in traditional rowing skiffs, representing the Crown's Swan Marker and two livery companies, the Vintners' and the Dyers', count and examine the swans and cygnets. The Vintners' and Dyers' companies historically held rights to own swans on the river.
Today the event is mainly about conservation. The crews catch the birds, check them for injury or disease, weigh and measure cygnets and record numbers. Public education is a part too: schoolchildren are invited to see the count. Birds are released afterwards. As the event timings and route may vary by year, check the official royal.uk page.
What you must not do
- Do not take eggs or move a nest.
- Do not harass or chase a swan, or let a dog do so.
- Do not feed swans anything harmful; see our feeding advice.
- Do not try to catch or keep an injured swan yourself. Contact a rescue organisation; see injured swans.
Reporting a crime
If you see a swan being attacked, call the police on 101, or 999 if it is happening right now and there is danger to people. The RSPCA also takes calls on cruelty. If you have photographs, note the location and time.
Swan or goose?
The law covers all wild birds, not only swans, so it is worth learning to identify them. The nesting season described on our cygnets page is when disturbance matters most.
Frequently asked questions
Is it illegal to kill a swan in the UK?
Yes. Swans are wild birds protected by the Wildlife and Countryside Act 1981, and killing or injuring one is an offence.
Does the King own all swans?
No. The Crown can claim unmarked mute swans in open water, but in practice only on parts of the Thames and its tributaries.
When is Swan Upping?
Usually in the third week of July on the Thames. Check the royal.uk page for the dates of the current year.