Ostriches Rocky and Roughneck face an uncertain future - after becoming entangled in a legal battle.

On one side is Basildon Council, which claims the birds need to be insured under the Dangerous Wild Animals Act of 1976.

On the other hand is farmer Ted Miller, who says his business has suffered and he cannot afford the £1,400 a year premiums.

Mr Miller, of Woodfield Farm, Oak Road, Crays Hill, had his feathers ruffled when Basildon Council refused to renew his licence to keep the birds because he had no insurance for them.

He now has 28 days to get the birds insured, which would cost him around £1,400 a year, or risk the council seizing them.

They would then either have to be found a new home or be put down.

Mr Miller bought the birds, worth around £15,000, about four years ago in a bid to start up an ostrich breeding business.

He claims the council refused to let him build a home for the birds' offspring and that has ruined his business - leaving him unable to afford the insurance.

This has been denied by the council, which claims there was not an application. Mr Miller said the ostriches were not dangerous, so should not need insurance.

He added: "There's a lot more danger in some of the horses you see tied up alongside roads in the area than my ostriches. These birds will never get out in a million years.

" I'm trying to give a good home to these birds but I'm afraid that they might destroy them."

A Basildon Council spokesman attempted to allay some of Mr Miller's fears.

He said: "If he does not come up with the insurance or if he does not appeal we would then do our upmost to find other homes for those birds. We have a duty not just to the ostriches but to the public."

Heads in the sand - Rocky and Roughneck hope to survive the storm over their insurance Picture: MAXINE CLARKE Ostrich fact file

The ostrich is the largest living bird with the average male standing at about eight feet tall

The bird is renowned for its speed and at top speed can easily outpace a horse

The ostrich is a native of Africa and can also be found in the wild in the Sahara desert and in deserts in Arab states and Syria

On average a female ostrich lays around 30 eggs in one sitting with the birds breeding as often as three times a year

The ostrich is fully grown after 18 months but can live for up to 70 years

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