11.5 Dangerous Dogs

1. Aims of this Guidance

The primary aim of this guidance is to protect children in Sussex from the serious injuries that can be inflicted by dogs that are prohibited, dangerous or poorly managed.

The guidelines set out to explain and describe:

• the children most likely to be vulnerable and the dogs most likely to present risk;
• the information that should be gathered when any child is injured by a dog and the criteria that should prompt a referral to Children’s Social Care;
• the basis for an effective assessment of risk and the options for action that could be considered by strategy meetings or child protection conferences.

2. Dangerous Dogs

2.1 Legislation 

The principal legislation is the Dangerous Dogs Act 1991 (as amended), including provisions relating to:

• dogs that are ‘dangerously out of control’; and
• prohibited ‘types’ of dogs (often referred to as ‘banned breeds’, though the law is type/appearance based). It is important when talking about potentially dangerous dogs, that we use the term ‘type’ – rather than breed. The law references physical characteristics and not breed DNA.

The offence of an owner / person in charge having a dog that is dangerously out of control applies in any place in England or Wales (whether or not a public place).

A dog is defined as ‘dangerously out of control’ where there are grounds for reasonable apprehension that it will injure any person or an assistance dog, whether or not it actually does so. Any offence involving injury to an assistance dog can amount to an aggravated offence under the new amended provisions.

2.2 Prohibited dogs (prohibited ‘types’)

Certain dogs are prohibited types under section 1 of the Dangerous Dogs Act 1991. The current list for England and Wales includes:

• Pit Bull Terrier type
• Japanese Tosa
• Dogo Argentino
• Fila Brasileiro
• XL Bully type (added in 2023/24)

It is important to understand that whether a dog is a prohibited type depends on what it looks like (conformation / characteristics) – rather than its stated breed name or pedigree.

Where any agency – including Children’s Services – has any knowledge of, or a report of, a dog that may be a prohibited type (if unregistered / declared), the matter should be reported to the police without delay.

The Police Control rooms in Surrey and Sussex will have access to the DEFRA Dangerous Dogs Register via the FIM / Oscar 1. This will only tell them about dogs at an address that are on the register. If there is no entry, then the assumption should be that the animal present is unregistered. Local government can also apply to DEFRA to access the list.

XL Bully type controls

For XL Bully type dogs in England and Wales:

From December 2023, it became illegal to breed, sell, advertise, rehome, abandon, or allow an XL Bully to stray; XL Bully dogs must be muzzled and on a lead in a public place.

From 1^st February 2024, it became illegal to own an XL Bully type dog unless a it has valid Certificate of Exemption and the keeper complies with the exemption conditions. It is noteworthy that some schemes and requirements have since been amended, but not in a wholesale way. Current government guidance on the gov.uk website should be referred to.

2.2.1 Temporary housing for exempted dogs (30‑Day Allowance)

Owners of exempted prohibited‑type dogs (including XL Bully types) must keep the dog at the address listed on the Certificate of Exemption. However, exemption rules allow for the dog to stay at a different address for up to 30 days in any 12‑month period. This is sometimes referred to as the ’30‑day allowance’.

During this 30‑day period, the dog may stay with:

• licensed boarding kennels;
• licensed home boarding providers;
• licensed dog day care;
• another suitable temporary carer, including a family member or trusted person known to the dog.

Key points:

• the 30‑day allowance cannot be extended. Once used, the dog must return to the registered address;
• if the dog’s temporary move is related to safeguarding concerns or a child protection plan, practitioners must consider whether 30 days provides sufficient mitigation and whether legal alternatives (for example – change of keeper) are more appropriate;
• when a temporary carer is used, agencies should still consider any risks posed to children in the temporary household;
• if the dog remains away from the registered address beyond 30 days, the owner may be in breach of exemption conditions and enforcement action may be required and this should be referred to the police.

2.3 Court powers

Where a person is convicted of relevant offences, courts have powers to impose destruction orders, disqualification orders, and (in some circumstances) contingent destruction orders.

In deciding whether a dog would constitute a danger to public safety (relevant to whether destruction is required), the court must consider the dog’s temperament and past behaviour and whether the owner/keeper is a fit and proper person to be in charge of the dog.

2.4 General safeguarding principles

Any dog can be ‘dangerous’ (as defined by the legislation) if it has already been known to inflict or threaten injury. The definition of ‘dangerously out of control’ does not require a bite or actual injury. Reasonable apprehension of injury is enough.

All dog bites must be reported to the police via 101.

Injuries inflicted by certain powerful dogs can be especially serious. Strong, powerful dogs may cause significant tissue damage, including through gripping, shaking and tearing actions.

When reports of prohibited dogs and known or potentially dangerous dogs are linked to the presence of children, agencies should be aware of the possible risks and serious consequences.

2.5 Future

Because prohibited ‘types’ can be added or amended by secondary legislation and exemption conditions have changed recently, this guidance should be interpreted alongside the current GOV.UK position on banned dogs and relevant statutory instruments. This document should not be read and then treated as up to date due to the review date for example. Please see the reference section for the appropriate live time searches that should be completed.

3. The Dog and the Child: Family Context

When you visit a family that has a dog, you need to consider whether or not the dog poses any threat to the child’s health, development or safety. Points to consider include:

• all children are potentially vulnerable from attack(s) from dog/s;
• young and very small children are likely to be at greatest risk;
• a young child may be unaware and unprepared for the potential dangers they could face;
• a young child may less able to protect themselves and more likely to be of a size that leaves especially vulnerable parts of their body exposed to any ‘assault’;
• is it a large dog in a small home;
• is the dog left alone with the child;
• how much money is spent on the dog compared to the child;
• if you consider a dog is a serious risk to a child you should contact the police immediately.

4. Owners and Families (including Extended Family and Temporary Carers)

• Many commentators will insist that ‘the owner, not the dog’ is the problem.
• There will be occasions when even the ‘best’ of owners fails to anticipate or prevent their dog’s behaviour.
• The care, control and context of a dog’s environment will undoubtedly impact on their behaviour and potential risks.
• Research indicates that neutered or spayed dogs are less likely to be territorial and aggressive towards other dogs and people.
• Dogs that are kept and/or bred for the purpose of fighting, defending or threatening are likely to present more risks than genuine pets.
• Some dogs are kept as a status symbol and can be part of the criteria of belonging to a gang.

4.1 Owners

• Owners linked to criminal activity, anti-social behaviour, drugs or violence may have reason to encourage aggressive behaviour from dogs.
• Owners with interests and histories in crime, violence, drugs or anti-social behaviour are unlikely to appreciate or prevent the possible risks their dog(s) present to children.

4.2 Families characterised by high levels of aggression and domestic tensions

• Are more likely to trigger excitement and possible attacks by dogs;
• Are less likely to appreciate and anticipate risks;
• May be less likely to take necessary precautions;
• May be less likely to guarantee the safety of the most vulnerable children;
• Very young, small children living in chaotic or dysfunctional families are likely to be especially vulnerable;
• Prohibited, dangerous, powerful dogs are likely to inflict the most serious injuries.

4.3 Change of registered keeper for exempted dogs (Magistrates’ Court applications)

Under the Dangerous Dogs Act 1991 and associated exemption schemes, a prohibited‑type dog that is already exempted and registered may only have its registered keeper changed in very limited circumstances. This must be approved by a Magistrates’ Court.

A change of registered keeper is legally permitted only when:

• the current keeper has died; or
• the current keeper has become seriously ill and is no longer able to care for the dog.

Applications must be made to the Magistrates’ Court and supported by appropriate evidence, such as:

• a death certificate; or
• medical evidence confirming serious illness and the owner’s inability to care for the dog.

Key points:

• the court must approve the proposed new keeper, and will consider the person’s suitability, living situation, and ability to comply with exemption conditions;
• without a court order, an exempted dog cannot legally be transferred;
• where a dog’s owner becomes unwell or unable to manage the dog safely around children, practitioners should consider supporting an early application to the court before the 30‑day temporary‑care allowance is exhausted;
• if exemption rules are breached (for example – unapproved transfer or unsuitable keeper), the dog’s exemption could be revoked, and the animal may become liable to seizure.

This process is particularly important where:

• a child is placed with extended family or carers;
• the dog cannot safely remain with the original owner; or
• the dog’s presence at the registered address poses safeguarding concerns.

Early consideration and advice can prevent avoidable situations where the dog must be returned to an owner who is unable to care for it safely or lawfully.

5. Practitioner Guidance

Any agency aware of a dog that could be prohibited or considered dangerous should collect as much information as possible:

• the dog’s name and stated breed/type;
• a description of the dog’s physical characteristics (size / build / head type / colour) and behaviour;
• the owner’s / keeper’s details and address where the dog is usually kept;
• clear discussions with the owner regarding planned management of the dog where there are children in the household or wider family;
• where the agency / individual is unsure, advice should be sought from the Operations Manager, Dog Unit, a Police Dog Legislation Officer (DLO) or supporting personnel within the Police.

Where a dog is suspected to be a prohibited type, agencies should treat this as a police matter and report it without delay.

5.1 Risk Factors: Dangerous Dogs

• Is the dog’s owner usually present?
• Is the dog exercised outside the property?
• Does the dog have off lead exercise? Does the dog live in a yard/garden?
• Does the dog destroy/chew things?
• Has the dog ever been involved in a biting incident with another dog?
• Has the dog ever bitten a person?
• Was the dog chosen for its breed or its temperament?
• Does the owner have any previous convictions?
• What size is the dog?
• Is the dog fed from human plates at mealtimes?

Any agency:

• Aware of an injury to a child caused by a dog;
• Or treating an injury to a child caused by a dog;
• Should establish precisely when and how the injuries were caused;
• If and when there is any history of previous, similar injuries.

Consideration should be given to whether the injuries caused are “non accidental injuries”. If believed so then multi agency approach to be established to safeguard the child is paramount.

6. Referral to Children’s Social Care

A referral should be considered if any of the following criteria apply:

• the child injured is under two years of age;
• the child is under five years of age and injuries have required medical treatment;
• the child is over five years and under 16 and has been injured more than once by the same dog;
• the child is between five years and 18 years and the injuries are significant;
• the child / young person is under 16 years of age, 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.

Some referrals might be logged ‘for information’ only if there is very clearly no significant or continued risk to the child, or other children (for example, if the dog has already been ‘put down’ or removed).

Some referrals might prompt information on dogs and safe care of children if the incident or injury was clearly minor, if the child was older or if the family have clearly shown themselves to be responsible dog owners.

More serious cases might prompt further and more formal discussions with other agencies including Strategy Discussions:

• home visits to complete fuller assessments and to inform judgements on parenting and the care and control of dog/s;
• advice might be sought from a vet to help determine the likely nature or level of risk presented by the dog/s.

As with all other assessments the welfare of the child is paramount.

If agencies cannot be satisfied that any further risks will be addressed, they should consider all statutory options open to them to protect the child and/or manage the risk, including referral to the police where appropriate – who have the power to remove dogs if the criteria are met.

When a dog is seized under the Dangerous Dogs Act, this is generally due to:

1. Serious injury (usually GBH level) has occurred to the victim.
2. The dog presents a serious risk to the public and where other measures cannot be put in place to safeguard the public whilst the matter is investigated, or a prosecution is sought.
3. The dog is dangerously out of control and an immediate risk to the public and police.
4. The OIC is looking to prosecute the owner of the dog with a view to seeking a destruction order at court. A destruction order under the Dangerous Dogs Act maybe imposed upon the conclusion of a successful prosecution OR run in parallel as a civil order heard in the Magistrates Court through Weightmans (Police Solicitors).

The dog is taken to a secure contracted kennel, and the location is kept confidential for safety reasons.

7. References for Online Searches with Current Legislation / Guidance

GOV.UK: Banned dogs / controlling your dog in public

GOV.UK: Guidance – Ban on XL Bully dogs

Legislation: Dangerous Dogs Act 1991 (definition and offences)

Statutory Instrument: Dangerous Dogs (Designated Types) (England and Wales) Order 2023 (SI 2023/1164)

Amendment/Exemption schemes update (incl. substitution provisions): SI 2024/1149