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Q653: What action can be taken with regards to a dangerous dog?

Answer

If a dog has attacked a person or animal, it is a police matter and you should contact them directly. Call 101 (or 999 in emergencies only).

If a dog poses an immediate threat to the safety of the public, the police or other responsible person (e.g. vet/local authority) can order that the dog be lawfully destroyed. It is a criminal offence for the person in charge of the dog to allow it to be 'dangerously out of control' anywhere in England and Wales, whether or not it is in a public place.

The following list explains when a dog may be considered dangerously out of control -

  • if it injures a person or an assistance dog, or
  • it causes a person to worry that it may injure them or an assistance dog, and the person in charge of the dog has no proper control of it.

The court could also decide that a dog is dangerously out of control if either of the following apply -

  • If it attacks another person's animal, or
  • the owner of an animal thinks that they could be injured trying to stop your dog attacking their animal.

If the dog has been established as dangerously out of control but does not pose an immediate threat to the public etc., the police and local authorities now have the power to act early to prevent dog attacks before they occur. These measures could include; attending dog training classes, repairing fencing to their property to prevent the dog from escaping or requiring the dog to be muzzled when out in public. See Q837 and Q835 for examples of orders the police can enforce.

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Answer

If you find an injured or sick animal, you can phone a local vet who will be able to provide advice.

If you wish to catch and transport the animal, a vet will also be able to advise you how to do this safely. See the link in Related Information to find a local vet.

For larger injured wildlife, phone the RSPCA on 0300 1234 999 and do not try to catch the animal yourself.

The following animals cannot be handled or transported by the public:

  • an injured deer
  • seal
  • wild boar
  • otter
  • badger
  • fox
  • snake
  • bird of prey (including owls)
  • swan
  • goose
  • heron
  • gull

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You should speak to your neighbour about the problem as they may not be aware that it is happening.

Unless there is any evidence of the dog being mistreated then the RSPCA will not be able to help. If you do believe that the dog is being mistreated, you can contact the RSPCA via their telephone number 0300 1234 999.

The noise could be classed as a noise nuisance so you would need to report it to the Environmental Health department at your local authority.

Please see the website in Related Information to report a noise complaint to your local authority.

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It is not advisable to force entry to the vehicle yourself straight away. Depending on the level of distress, your first step should be to call the police on 101, or 999 in an emergency.

If the police don't have time to get there, then you have to decide if you should take action by forcing entry. Make sure you tell the police what you intend to do, why and, where possible, take images/footage of the dog and the names and numbers of witnesses to the incident. The law states that you have a lawful excuse to commit damage if:


'at the time you believed that the person whom you believe to be entitled to consent to the destruction of or damage to the property in question . . . .would consent to it if s/he . . . had known of the destruction or damage and its circumstances' (section 5(2)(a) Criminal Damage Act 1971).
(this legal reference is slightly modified for clarity)


Do not do this without fully assessing the situation, and being prepared to defend your actions in court, in the event of any legal action being taken against you.

The RSPCA can offer guidance on information on cruelty via their cruelty line at any time on 0300 1234 999. See further advice from the RSPCA on the website in related information.

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There have been decisions in the past by courts and authorities to suggest that it is the nature of a dog to kill and wound small animals. As such, unfortunately there is no certainty that the police could take action, in the event of your pet being killed or wounded by a dog.

The police will however take action if the dog was dangerously out of control (see Q653 for more information on this).

If the police cannot take action under the circumstances, the other viable alternative is to pursue civil proceedings against the dog owner. In this event, we would recommend contacting the Citizens Advice for further guidance on this process.

This answer does not take into account deliberate attacks or dog fights which are separate offences.

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Here are some of our top tips to help find your lost dog:

    • You should phone the database that your dog's microchip is registered with and report them missing.
    • Contact your local dog warden service, details of which can be found in Related Information.
    • Notify your local vets of the situation regarding your lost dog.
    • Visit places where you regularly take your dog for walks.
    • Posting on social media that your dog is missing can be a very effective way of alerting family and friends that are close by.

Please see the websites in Related Information for more help and advice.

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Question

Q653: What action can be taken with regards to a dangerous dog?

Answer

If a dog has attacked a person or animal, it is a police matter and you should contact them directly. Call 101 (or 999 in emergencies only).

If a dog poses an immediate threat to the safety of the public, the police or other responsible person (e.g. vet/local authority) can order that the dog be lawfully destroyed. It is a criminal offence for the person in charge of the dog to allow it to be 'dangerously out of control' anywhere in England and Wales, whether or not it is in a public place.

The following list explains when a dog may be considered dangerously out of control -

  • if it injures a person or an assistance dog, or
  • it causes a person to worry that it may injure them or an assistance dog, and the person in charge of the dog has no proper control of it.

The court could also decide that a dog is dangerously out of control if either of the following apply -

  • If it attacks another person's animal, or
  • the owner of an animal thinks that they could be injured trying to stop your dog attacking their animal.

If the dog has been established as dangerously out of control but does not pose an immediate threat to the public etc., the police and local authorities now have the power to act early to prevent dog attacks before they occur. These measures could include; attending dog training classes, repairing fencing to their property to prevent the dog from escaping or requiring the dog to be muzzled when out in public. See Q837 and Q835 for examples of orders the police can enforce.
 
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