New Uk Laws Prosecting Dog Owners If They Scare Children

[Her Majesty Dogmad]

Let's hope this doesn't happen here, I don't believe anyone should be entering my property without my permission when I'm not there:

http://www.dailymail.co.uk/news/article-2347232/Dog-owners-face-prosecution-pet-scares-child-collecting-ball-garden.html

Dog owners face prosecution if their pet frightens a child retrieving a football from their garden.

A crackdown on dangerous dogs aims to protect workers like postmen from being attacked while doing their job.

But the threat of court action against someone whose dog ‘nips, bites or barks’ someone means home owners could be charged if a child is started by a pet.

Campaigners warn dogs cannot distinguish between a genuine intruder and a child collecting a ball, and warned innocent owners could be prosecuted as a result.

The Department for Environment, Food and Rural Affairs insists police and the Crown Prosecution Service will be free to decide whether prosecution is in the public interest.

But the government has confirmed that a legal action could be ordered if a dog scares a child.

David Heath, the agriculture minister, said: ‘We certainly want to deal with the issue of the postman or the political canvasser who gets bitten by a dog out in the yard or garden, where they have perfectly legitimate business.

‘But we also do not want to penalise the householder whose dog is doing its job of protecting property against an intruder.

‘Getting that balance right is critical. When someone is within a house, it can reasonably be assumed that unless they have been invited in, they must give a strong argument for why they have legitimate business in the house.’

Speaking to the Commons last month Mr Heath added: ‘It is different for a garden, or sometimes even a shed. A child going to pick up a football that has been kicked into a garden should not be set upon by a dangerous dog.

‘They may be an intruder, but they are nevertheless not a burglar or anyone with malicious intent. A public–interest test must be satisfied before a prosecution can be brought. I hope that the guidance to the prosecuting authority will make that distinction clear,' The Daily Telegraph reported.

Warning: Farming minister David Heath said a child going to pick up a football that has been kicked into a garden should not be set upon by a dangerous dog

Warning: Farming minister David Heath said a child going to pick up a football that has been kicked into a garden should not be set upon by a dangerous dog

Tougher rules on dogs were ordered earlier this year after 14-year-old Jade Anderson was killed by five dogs in a house in Wigan.

Every year the NHS spends £3million treating dog attack injuries while more than 200,000 people a are thought to be bitten every annually.

Trevor Cooper, a dog law specialist for Dogs Trust, said: ‘The difficulty for dog owners is in how they can anticipate a child coming in to their garden.

‘What can a dog owner do to prevent it? Put the dog in a cage in the garden or build large fences? That would be unacceptable for us.

‘The Government is going to have to work out a way of not criminalising dog owners if they have done nothing wrong.

‘It's quite difficult for a dog to distinguish between a lawful and unlawful visitor. I would hope that common sense will prevail.

‘Dogs Trust has long campaigned not only for a complete overhaul of the Dangerous Dogs Act, but a thorough consolidation of dog legislation to provide better protection for dogs, their owners, and the general public.

‘Greater clarity on the proposed changes is also needed in order to aid dog owners’ understanding of the changes in the law.’

Edited June 24, 2013 by dogmad

[_PL_]

seriously?

[mantis]

That's absurd. Kenny would have been in big trouble, because the next door neighbours kids used to jump the fence to retrieve their balls. They stopped doing it after a couple of weeks, because they couldn't stand Kenny licking their faces & running off with the ball, wanting them to chase him.

They used to come to my door when I was home & ask if I could throw it back over the fence. Poor Kenny lost his playmates.

[Her Majesty Dogmad]

It's ridiculous, my neighbour's kids leave me a note asking for their ball back. I don't think any kids have the right to come into my yard to retrieve a ball, they should wait ...

[*kirty*]

Surely you could counter claim that they were trespassing?? Totally crazy!!

[Phyria]

Make the kid wait to get their ball back, there is NO reason to enter someone's property without permission.

Another example of bad parenting giving kids an over-inflated impression that they can do no wrong.

[BlackJaq]

What if there is a pond in your garden and a child retrieving a ball drowns in it? What business do someone else's children have in your yard without your permission? Property laws must be different over there....

[mantis]

It's ridiculous, my neighbour's kids leave me a note asking for their ball back. I don't think any kids have the right to come into my yard to retrieve a ball, they should wait ...

Unfortunately, by the time I retrieved their balls, Kenny had demolished them. A ball doesn't last long with a 45kg dog, who is left alone. :laugh:

[trinabean]

What a crazy law.

My dog wouldn't harm a child (actually, he'd probably be ecstatic, a new ball AND a bonus kid :laugh: ) but I'd be unhappy about anyone just coming into my yard, uninvited.

I've always taught my kids that if a toy goes over the fence, they are to knock on the neighbours door and ask politely for it back. If the neighbours aren't home we leave a note, asking if they can toss the ball back when they get a chance.

[juice]

WTF!!!! really, i don't want kids in my yard when i am not home.

How can dog know who is ok to enter and who is not when the owner is out

[Rosetta]

Another reason to lock gates to the backyard. Its always been one of my biggest gripes with neighbourhood kids - just wandering into the back yard without knocking to retrieve balls - just rude IMO.

[dandybrush]

if the kid is climbing the fence into my yard and my dogs scare him then its his own fault!! realistically isnt it called tresspassing??!!?? glad my dogs are locked inside but golly the stupidity of the laws this country has!!

[sandgrubber]

1372080205[/url]' post='6235158']

What if there is a pond in your garden and a child retrieving a ball drowns in it? What business do someone else's children have in your yard without your permission? Property laws must be different over there....

You can be sued BIG TIME if a child comes into your yard and drowns in the pool, particularly if you don't have child-proof gates and pool fencing of specified dimensions. In Oz...in the USA...probably in many other countries.I think this is less crazy than BSL. It's likely to result in warnings and mild punishments before the law comes down like a load of bricks and has the dog euth'd. I do think they should institute parallel punishments for the parents of kids who harass dogs.

Note in Sweden it is illegal to own dogs that are " inclined to direct aggression at people or other dogs."

[dandybrush]

they must socialise their dogs like crazy in sweden!! you cant guarantee your pup will never show some form of aggression....

[Lhok]

All I can think of is criminals using the law to send kids in to scope a place out say the dog upset them then no more dog and no more stuff. Yes I am a cynic.

--Lhok

[BlackJaq]

1372080205[/url]' post='6235158']

What if there is a pond in your garden and a child retrieving a ball drowns in it? What business do someone else's children have in your yard without your permission? Property laws must be different over there....

You can be sued BIG TIME if a child comes into your yard and drowns in the pool, particularly if you don't have child-proof gates and pool fencing of specified dimensions. In Oz...in the USA...probably in many other countries.I think this is less crazy than BSL. It's likely to result in warnings and mild punishments before the law comes down like a load of bricks and has the dog euth'd. I do think they should institute parallel punishments for the parents of kids who harass dogs.

Note in Sweden it is illegal to own dogs that are " inclined to direct aggression at people or other dogs."

Wow, so other people's kids are now your responibility, too?

If I still lived in town I'd consider some kind of kid proof fencing... Possibly those rollers that go on top of the fence to stop cats scaling it haha

I wonder if these laws only apply in town or to rural properties as well...

Edited June 25, 2013 by BlackJaq

[Salukifan]

Padlocks solve a lot of problems :)

[BlackJaq]

Not if they climb the fence lol That seems to be the usual approach anyway from my personal experience

I knew there was a reason we moved to a rural property lol

[Christina]

Dogs are supposed to bark & be scary if someone enters your garden or yard.

So if the dog barks, the child says scared, the dog is gone ? Insanity.

Some children are more frightening than some dogs

Dog & cat ownership will die out in the future as it becomes too difficult to own them or even to breed them.

[sandgrubber]

Dog legislation is difficult to write well. Unfortunately, we only know which dogs are REALLY REALLY dangerous after they maim or kill someone.

The law in discussion has not been enacted yet, and is likely to be revised. Hopefully it will be judicially enforced in whatever form it takes.

I do think societies need some way to give notice to people that keeping a 'junk yard' dog in the front yard is asking for trouble. I'd much rather see menacing dogs get reported and owners warned, reprimanded, fined, etc. than to have 100% of a dog breed banned because a small minority are truly dangerous.

The article says "Speaking to the Commons last month Mr Heath added: ‘It is different for a garden, or sometimes even a shed. A child going to pick up a football that has been kicked into a garden should not be set upon by a dangerous dog.

‘They may be an intruder, but they are nevertheless not a burglar or anyone with malicious intent. A public–interest test must be satisfied before a prosecution can be brought. I hope that the guidance to the prosecuting authority will make that distinction clear,' The Daily Telegraph reported.

With clear guidance to the prosecuting authority, I think such a law could be a big improvement over the Victorian approach to dangerous dogs.

Edited June 27, 2013 by sandgrubber