Reporting dog for bad behaviour

S

spacefaer

Well-Known Member
Joined
3 March 2009
Messages
5,978
Location
Shropshire
Visit site
Following my recent post about breed ID, I have attempted to contact the authorities to have a discussion about the safety of the dog and anyone not its family (see previous post)

I rang the police, who told me to ring the dog warden.

Spoke to a representative at the County Council who took all the details, gave me a case number and said she'd pass all the information on to the local dog warden.

I have just received an email from the dog warden, telling me that there is nothing they can do, and that I should contact the police.

HELP!

Any suggestions?
 
spacefaer said:
Following my recent post about breed ID, I have attempted to contact the authorities to have a discussion about the safety of the dog and anyone not its family (see previous post)

I rang the police, who told me to ring the dog warden.

Spoke to a representative at the County Council who took all the details, gave me a case number and said she'd pass all the information on to the local dog warden.

I have just received an email from the dog warden, telling me that there is nothing they can do, and that I should contact the police.

HELP!

Any suggestions?
Click to expand...

I think I would forward the email to the police and ask them what to do.
 
I would contact the police again and tell them you fear for your own safety and that of your horse when passing this property - and that the dog wardens have refused to help.
 
I can't remember what your problem with the dog is but it is an offence to have a dog not under control on a public highway, which includes public rights of way I assume.
 
According to the OH (police), badly behaved dogs are nothing to do with the police and he advises calling the dog warden.

I think legislation needs to be created and clarified around this issue. It's currently extremely clouded. I saw dogs being removed by the police, bloke up the road who seemed to collect ill-behaved/dangerous dogs. I'm guessing he probably had a great many complaints.
 
"Dog owners have a duty to ensure that their animal does not threaten or harm a member of the public. The Town Police Clauses Act of 1847 made it an offence for ‘any unmuzzled ferocious dog’ to be at large in any street (this term is defined as including any ‘public passage’, and therefore covers all rights of way). Restrictions can be placed on dog ownership under the Dogs Act 1871 if the animal is found to be out of control."

From Naturenet website - cinnamontoast run this by your OH?
 
http://www.cps.gov.uk/legal/d_to_g/offences_involving_domestic_and_captive_animals/


Under section 3(1) of the dangerous Dogs Act 1991 ("the 1991 Act") (as amended by the Anti-Social Behaviour, Crime and Policing
Act 2014), if a dog is dangerously out of control in any place, including all private property, so that there are grounds for reasonable apprehension that it will injure any person or assistance dog, and whether or not it actually does so, then the owner, or person for the time being in charge of the dog, is guilty of a summary offence. That offence becomes an aggravated offence, and triable either way, if the dog injures any person or assistance dog while out of control. Prosecutions for the aggravated offence should be reserved for instances where serious injury has been caused. See: HO Circular 67/1991 Dangerous Dogs Act 1991.

Read the above, copy and paste into email. This is from CPS pages and has been used recently.
 
Last edited:
I think the issue OP may have here is that the dog is on private property (which I know is included in TheFF's answer) but given that it stayed (voluntarily, there was no fence) in its own garden when it could have very easily got a great deal closer to OP's person it would be hard to say it was out of control (dangerously or otherwise) or that, simply becasue it was large and barking, she had reasonable apprehension that it would injure her.

My local dog warden (actually, not mine, but v close) is great and follows up on dog on dog attacks etc. I'd go back to the dog warden (with pictures) and say you would like them to speak to the owners abut a fence (assuming that is what you want to happen). Whilst it is legal for people to have all sorts of entirely unsuitable dogs I can see there isn't a lot that can really be done about what it is, at the end of the day, no different to a chihuahua barking form a legal perspective.

That said I wouldn't be hacking (or walking probably) particularly close to it myself...

Edited to add: I'm assuming the 'bad behaviour' in this instance is the original barking at passers by from within boundary of its own unfenced garden.
 
To a certain extent, GirlFriday. Yes, it is within the curtilage of the property, but it is standing ON the wall, which drops straight onto the road. If you go past with the wall on your left hand side, there is no verge, so the dog's head is within 1-2 feet of the rider's head (or above a walker's head).

The wall is on an uphill blind corner, so hard to get away from it.

The picture I posted on the earlier post was taken from inside my truck on the far side of the road. That was still winding the dog up!

I don't mind the owners having the dog, per se. As you say, I would like it to be contained, and kept back some distance from the road (preferably in the back garden, not the front!)

I went past on a very experienced horse, who wasn't happy but didn't react badly. I would be very concerned about a more novice horse/rider combination, or small children hacking past.
 
OP, I don't even think ordinary members of the public should necessarily be allowed to keep such dogs at all and do understand your concern.

I was just thinking through the issue of getting anything done as really any horse's behaviour is difficult (morally) to hold the dog's owner responsible for and anyway it hasn't actually done anything yet.
 
I think you might be on a hiding to nothing here OP. While I agree with you that it isn't safe to have a dog hanging over the wall, behaving aggressively so close to your head, the dog hasn't actually done anything yet and that is the problem. The police have little or no powers to act in these circumstances as no offence has been committed. I think that your best bet is to ask your local dog warden or community support officer (do these still exist?) as a crime prevention exercise to have a word with the owner asking them to shut the dogs back. At least then, if the dog is as dangerous as rumoured when/if it comes over the wall, action can be taken immediately.

As far as the justifiable fear that it will spook a horse is concerned I'm afraid that legally, you or any other rider cannot demand - ask nicely of course but that is all - that other people change how they use their private property to facilitate your riding. I do understand your frustration as I've had to change or lose many hacking routes due to hazards/ development/ random horse terrifiers over the years but really there is nothing I can do about it if I can't train my horse to get past these things or if I decide it is a risk too far for me.
 
I'm really conflicted by this.
Yes the dog has done nothing wrong.
However the owner has already admitted that the dog will bite anyone who comes on the property. As I said on the other thread, if it is a 'guard dog' it needs to be licenced and so does the owner/handler who must contain it appropriately and make sure someone is on premises 24/7.
How often have we read about dog attacks where people try to raise the alarm but nothing was done.

Personally the least I could do would be to change my route. There's a particular dog l meet walking and I used to brave it out and keep going but in the end the risk to myself and my dog was too high (me on my own stuck between two large dogs, one trying to mill mine and mine trying to defend himself) and so if I see it from a distance I leg it and if I can't I shout at the owner to put it on a lead. It has no recall at all.
The owner keeps telling me it's a rescue and I keep trying to tell her that every time it is allowed to bomb up to my dog she's undoing all her training, and mine.
I've also had to change my walking times.

I did call the dog warden as the owner repeatedly lets it off the lead in an area where dogs should be on a line and they were very supportive/gave advice. I stated that I did not want the dog to get into trouble, I just wanted it kept under control as per all the signage in the area.
 
Last edited:
The Fuzzy Furry said:
http://www.cps.gov.uk/legal/d_to_g/offences_involving_domestic_and_captive_animals/




Under section 3(1) of the dangerous Dogs Act 1991 ("the 1991 Act") (as amended by the Anti-Social Behaviour, Crime and Policing
Act 2014), if a dog is dangerously out of control in any place, including all private property, so that there are grounds for reasonable apprehension that it will injure any person or assistance dog, and whether or not it actually does so, then the owner, or person for the time being in charge of the dog, is guilty of a summary offence. That offence becomes an aggravated offence, and triable either way, if the dog injures any person or assistance dog while out of control. Prosecutions for the aggravated offence should be reserved for instances where serious injury has been caused. See: HO Circular 67/1991 Dangerous Dogs Act 1991.

Read the above, copy and paste into email. This is from CPS pages and has been used recently.
Click to expand...

Absolutely this. Under the DDA it is a police matter, although the dog warden would be more appropriate in the first instance.
 
I suspect the defence to that might be the dog isn't out of control, he is controlled by the property boundary. Can you not walk horses in hand to and fro past the dog dozens of times to desensitise them - good practice for all sorts of other spooky situations.
 
You must log in or register to reply here.
Top