7 November 2023
Dangerous Dogs

I share your concerns about the recent distressing rise in dog attacks and I would like to express my deepest sympathy to the families of the victims.

Under the Dangerous Dogs Act 1991, it is an offence to allow any dog to be out of control in any place. In addition, the Dogs Act 1871 allows a complaint to be made to a Magistrates’ court by any individual, the police, or local authorities where dogs are dangerous and not kept under proper control. The court may make any order it considers appropriate to require owners to keep their dogs under proper control.

I recognise the strength of feeling regarding the existing provisions around dog breeds in the Dangerous Dogs Act 1991. However, I am also aware that any changes to current legislation would require careful consideration to ensure that public safety remains at its heart. 

Simply repealing the breed specific provisions contained in the Dangerous Dogs Act with no other changes may increase the risks to public safety. The Government firmly believes that these restrictions play an important part in tackling dangerous dogs.

In December 2021, the Department for Environment, Food and Rural Affairs (Defra) published research in collaboration with Middlesex University, investigating measures to reduce dog attacks and promote responsible dog ownership across all breeds of dog. It included recommendations relating to improved data recording and collection, consistency in enforcement practice, the quality of dog training and dog awareness courses, and improved awareness of appropriate behaviour around dogs.

Defra established an expert Responsible Dog Ownership working group with the police, local authorities and animal welfare experts to identify additional measures to reduce dog attacks and promote responsible dog ownership. I look forward to reading more about the group’s recommendations in due course.

American XL Bully Dogs 

I share your concerns about the American XL Bully dog. The Government is taking quick and decisive action to protect the public from tragic dog attacks and the Environment Secretary has added the XL Bully type to the list of dogs prohibited under the Dangerous Dogs Act. This will make it a criminal offence to breed, sell, advertise, rehome or abandon an XL Bully type dog, and they must also be kept on a lead and muzzled in public. It will also be illegal to own one of these dogs without an exemption. Ministers will continue to work closely with the police, canine and veterinary experts, and animal welfare groups, as these important measures are taken forward.

Cases of Dog Attacks

I would like to assure you that my ministerial colleagues and I take this disturbing rise in dog attacks very seriously and are exploring measures to reduce dog attacks and promote responsible ownership. The Government has worked with animal welfare partners, the police and local authorities to promote safer interactions between children and dogs. The Canine and Feline Sector Group #DogSafetyCode reminds all the public to “be alert, be aware and be safe”.

The code of practice for the welfare of dogs provides guidance to owners about handling their dogs responsibly to prevent the occurrence of attacks or chasing. It sets out how dogs need to be trained and introduced gradually and positively to different environments, people and animals. It is important that the police and the courts are able to employ a range of measures to limit the risks to public safety. Community Protection Notices (CPNs) can be served by police and local authorities on dog owners whose dogs are behaving aggressively and can require them to take appropriate action to prevent a reoccurrence of the offending behaviour. Breaching of a CPN is also a criminal offence, leading to a maximum penalty of £2,500.

Calls for all dogs to be muzzled

I have noted your suggestion for all dogs to wear muzzles when in public. While I am not aware of any plans for all dogs to be legally required to wear a muzzle, I know that existing powers allow the police and local authorities to tackle irresponsible dog ownership. For example, under the Anti-social Behaviour, Crime and Policing Act 2014, local authorities also have powers to make public space protection orders under the 2014 Act, excluding dogs from certain areas or insisting they are kept on leads.

Regarding the American XL Bully breed of dog, I am assured that once this breed has been banned through the Dangerous Dogs Act, existing XL Bully owners will only be able to keep their dog if they register it during an amnesty period and agree to strict conditions, which include keeping it on a lead and muzzle in public.  

Dog Attacks on Other Animals

Losing a pet is very distressing and I am sorry to hear about the specific case you raise. However, I know that there are already measures in place to tackle the dangerous behaviour of dogs. It is an offence under Section 3(1) of the Dangerous Dogs Act 1991 to allow a dog to be dangerously out of control. I am aware that the law does not exclude an attack by a dog on another animal from the offence of allowing a dog to be dangerously out of control.

Further, Section 2 of the Dogs Act 1871 also allows a complaint to be made to a magistrate’s court where a dog is “dangerous and not kept under proper control”. The court may make any order it considers appropriate, to require the owner to keep the dog under proper control, or if necessary, that it be destroyed. In addition, the Anti-social Behaviour, Crime and Policing Act 2014 also includes community protection notices to enable the police and local authorities to tackle irresponsible dog ownership. Local authorities also have powers to make public space protection orders under the 2014 Act, excluding dogs from certain areas or insisting they are kept on leads.

Exempted Dogs

Despite the general prohibitions on these types of dogs, there are exemptions in place to allow individual prohibited dogs to be kept by their owners if a court judges that the dog is not a danger to the public safety. The court must consider the temperament of the dog and its past behaviour, whether the proposed owner is a fit and proper person, and may consider any other relevant circumstances, such as whether the dog can be kept in a suitable environment. If the court considers these criteria to be met, the dog can be listed on the Index of Exempted Dogs and must be kept under strict conditions, including being on a lead and muzzled in public.

Regarding the rehoming of exempted dogs, I understand that current legislation only permits transfer of keepership of prohibited dogs where the existing keeper has died or is seriously ill. However, case law has confirmed that a person with a pre-existing relationship with the dog may apply to place it on the Index, even if they are not the owner or most recent keeper.

Professional Dog Walkers (Number of Dogs)

I am aware that professional dog walkers should comply with all relevant legislation, including the Animal Welfare Act 2006, which protects animals under the dog walker’s control, as well as the Health and Safety at Work Act 1974, which protects the employees of dog walking businesses. They should also comply with any relevant local authority requirements, not walk more dogs at any one time than their insurance policy allows, and ensure that their dogs are kept under control at all times. I understand that the Canine and Feline Sector Group published guidance to assist professional dog walkers, which recommended that no more than four dogs be walked at any one time. This is an issue I will continue to monitor closely.

Calls to re-introduce dog licences

While I appreciate the depth of your concern about this issue, I understand that the previous dog licensing scheme was repealed in 1987 as it cost more to run than it received in revenue. It also had a low compliance rate of around 40 per cent, and therefore I do not believe that it would address the current issues around responsible dog ownership and dangerous dogs.