5.12 Dangerous or Out of Control Pets

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5.12 Dangerous or Out of Control Pets

SCOPE OF THIS CHAPTER

This guidance explains the importance of professionals making routine enquiries regarding dogs in the household whenever they are working with children and families. It then looks at the action which is required when a child is injured by a dog and / or when there are concerns that a dog in the household may be dangerous or prohibited.

AMENDMENT

In May 2018, this chapter was reviewed and updated.

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	Introduction and Definition
	Legislation Relating to Dangerous Dogs and Other pets
	Assessing Risks to Children and Young People
	Protection and Action to be Taken
	Practitioner Safety
	Animal Welfare
	Further Information

Introduction and Definition

The benefits of owning pets are well established. Living in a pet owing household can have physical and emotional benefits for children as well as teaching them about responsibility and caring for living creatures. However, in recent years a number of children of different ages have been seriously injured or have died from attacks by dogs, and it is important therefore that professionals working with children and families are aware of the issues around dangerous dogs and the risks they can pose to children and young people.

The aim of this chapter is to help practitioners to understand how to assess any risks which dogs in then household might pose to children and take action as necessary to protect children from serious injuries which can be inflicted by pets that are prohibited, dangerous or badly looked after or mistreated by their owners. It also provides advice for practitioners to enable them to undertake home visits more safely.

The guidance covers the following:

How to routinely ask questions about dogs in the household or in regular contact with children and young people and how to assess any associated risks;
The action that should be taken if a child is living in a household with a prohibited or dangerous dog; and
The information that should be gathered when any child is injured by a pet and the issues to be considered when making a referral in line with the Making a Referral to Children's Social Care Procedure.

The abuse of animals can be part of a constellation of intra-familial abuse, which can include maltreatment of children and domestic abuse. However, this does not imply that children who are cruel to animals necessarily go on to be violent adults, or that adults who abuse animals are also violent to their partners and/or children. Effective investigation and assessment are crucial to determine whether there are any links between these factors and the possible risks to the safety and welfare of children and/or vulnerable adults.

Note that the chapter refers to pets throughout in order to promote the need for practitioners to consider the risks presented by any animal, however specific legislation only applies to dogs.

Legislation Relating to Dangerous Dogs and Other Pets

The Dangerous Dogs Act (1991) provides detailed information about the legislation covering certain types of dogs, sets out the responsibilities of the owners and described the actions that can be taken to remove and/or control dogs:

Certain dogs are 'prohibited' and if any agency has any knowledge or report of a dog of this type, the matter should be reported to the Police immediately;
Any dog can be 'dangerous' (as defined by the Act) if it has already been known to inflict or threaten injury;
Injuries inflicted by certain types of dog are likely to be especially serious and damaging. Strong, powerful dogs such as Pit Bull Types will often use their back jaws (as opposed to 'nipping') and powerful neck muscle to shake their victims violently as they grasp;
When reports of 'prohibited' dogs and known or potentially dangerous dogs are linked to the presence of children, all agencies should be alert to the possible risks to children and potential consequences.

Lancashire Constabulary have provided the additional guidance included within Section 6, Further Information which provides more detailed guidance for identifying dangerous dogs.

Part 7. of the Anti-social Behaviour, Crime and Policing Act 2014 strengthens powers to tackle irresponsible dog ownership by extending the offence of owning or being in charge of a dog that is dangerously out of control in a public place to also cover private places. It also provides that a dog attack on an assistance dog constitutes an aggravated offence.

Part 7. also ensures that the courts can take account of the character of the owner of the dog, as well as of the dog itself, when assessing whether a dog should be destroyed on the grounds that it is a risk to the public.

The Home Office Crime Classification 8/21 is amended to: "Owner or person in charge allowing a dog to be dangerously out of control in any place in England or Wales (whether or not in a public place) injuring any person or assistance dog." Section 3 (1) Dangerous Dogs Act 1991 as amended by Section 106 Anti-Social Behaviour Crime and Policing Act 2014.

The Dangerous Wild Animals Act 1976 requires keepers of dangerous or wild animals to hold a licence. These are issued by unitary and district authorities who may be able to advise practitioners who encounter unusual pets in the course of home visits.

Assessing Risks to Children and Young People

When a practitioner from any agency undertakes a home visit and there are both children and pets in the household, the practitioner should routinely consider whether the presence of the pets presents any kind of risk to the welfare of the child/ren. This should involve a discussion with the parents or the pet owner about the dog’s behaviour. This is particularly important when there is a new baby in the household. The pet owner should be asked whether the dog’s behaviour has changed since the baby was brought home. This assessment of risk should be repeated when the baby begins to become mobile.

There will be times when even the most well cared for pet, behaves in a way that had not been expected. The care, control and context of a pet's environment will impact on the pet’s behaviour and the potential risks it may pose. Research indicates that neutered or spayed pets are less likely to be territorial and aggressive towards other dogs and people. Pets that are kept and/or bred for the purpose of fighting, defending or threatening others are likely to present more risks than genuine pets.

All children are potentially vulnerable from an attack by a pet but very young children are likely to be at greatest risk. A young child will be unaware of the potential dangers they could face and will be less able to protect themselves. Small children are of a size that leaves especially vulnerable parts of their body exposed. The question should be asked: ‘is the pet left alone with the child?’ This applies even if the child is in a cot, bed or seat of some kind.

See also Animal Welfare for guidance from the RSPCA on assessing the whether a dog’s welfare needs are being met.

If it is the professional judgement of the practitioner that a pet is prohibited or presents a risk to a child, the Police or Children’s Social Care should be contacted immediately.

National animal welfare charities provide a wide array of useful advice and information about looking after pets and ensuring the safety of children. The general advice that is provided from all animal welfare charities includes:

Do not leave babies and young children unattended around pets;
Do not leave doors open to children’s rooms allowing pets access to sleep areas;
Ensure children are not sleeping in areas of the house where the pets may usually also sleep;
Do not ignore pets when they show aggression – always separate pets away from children; and
Teach children not to disturb pets when they are sleeping, eating, caring for their offspring or when pets are ill or injured.

Protection and Action to be Taken

Any agency that becomes aware of a dog that could be prohibited or considered dangerous, should collect the following information:

The dog's name and breed and/or description;
Information about the owner;
The reason for keeping the dog and information about other family members, particularly young children.

Where there is a report of a child having been injured by any pet (or exposed to the risk of injury) a referral to Children’s Social Care should be considered. In deciding whether or not to make a referral, consideration should be given to:

The nature of the injuries;
The circumstances of the attack / incident;
Whether the parents or dog owner sought medical advice;
Whether the dog has previously shown any aggression; and
What action the pet owner has taken to prevent a recurrence of any attack.

Remember, if a practitioner has reason to believe that a dog in the household is prohibited or presents a risk to a child, the Police or Children’s Services should be contacted immediately. Other considerations before making a referral should be:

The injured child is under two years of age;
The child is under five years of age and the injuries have required medical treatment;
The child is over five years and under 18 and has been injured more than once by the same pet;
The child/young person is under 18 years of age, the injuries have required medical treatment and initial information suggests the dog responsible could be prohibited and/or dangerous;
A prohibited and/or dangerous dog is reported and/or treated, and is believed to be living with and/or frequently associated with children under five years.

A referral should also be made where a prohibited and/or dangerous dog is reported and/or treated, and is believed to be living with and/or frequently associated with children.

Some referrals might be logged 'for information only' by the agencies, for example if it is clearly established that no significant or continued risk is likely to the child, or other children (for example, if the pet – which was the only dog in the household has already been 'put down' or removed to another house where no children are present).

Some referrals might prompt 'information leaflets' on Pets and Safe Care of Children to be issued for example, if the incident or injury was clearly minor, if the child was older or if the family have clearly shown themselves to be responsible pet owners. See - Dogs, babies and children: living safely together (Institute of Health Visiting) and The Blue Cross Be Safe with Dogs Leaflet - Guidance for Families.

In more serious cases a Strategy Discussion and joint Section 47 investigation should lead to further discussions with other agencies and home visits to complete assessments and to inform judgements on parenting and the care and control of the pet(s).

Advice might be sought from a veterinary professional to help determine the likely nature or level of risk presented by the pet(s). As with all other assessments 'the welfare of the child is paramount.'

Practitioner Safety

The following advice is adapted from East Riding LSCB and Lancashire Constabulary:

Animals can sense fear so avoid eye contact and be confident;
Where a sense of fear is not avoidable, ask the pet owner to move the pet(s) to another room or conduct the discussions of the home visit in another room;
In subsequent visits to the service user, write in advance to the pet owner to ensure that the pet is in a different room or secure in its cage etc.
Do not approach or stroke pets;
Look out for signs of aggression in the pet and confidently request the owner to remove the pet from the room.

Animal Welfare

The RSPCA offer the following advice to all professionals who are in contact with a household where there is a dog/s present:

"When looking at, or asking about a dog think about the following points, which should not be considered an exhaustive list but are intended to prompt a professional's curiosity as to the state of the dog's welfare along with suggested courses of action."

"The points relate to Section 9 of the Animal Welfare Act, 2006 which imposes a duty of care on a person who is permanently or temporarily responsible for an animal. This duty of care requires that reasonable steps in all the circumstance are taken to ensure that the welfare needs of an animal are met to the extent required by good practice. The welfare needs are:

The need for a suitable environment;
The need for a suitable diet;
The need to be able to exhibit normal behaviour patterns;
The need it has to be housed with, or apart from, other animals;
The need to be protected from pain, suffering, injury and disease.

During the visit ask if there is a dog in the property including the back garden. If there is, and the dog isn't in the same room as you, ask to see him."