The Dangerous Dogs Act - CWU "Bite-Back" Campaign Launched

National Health and Safety Officer Dave Joyce on "the hopelessly deficient 1991 Dangerous Dogs Act."

Following the recent horrendous attack on Sheffield Postman Paul Coleman who was attacked by two savagely out of control dogs, the CWU Health, Safety and Environment Department has launched a campaign to change what National Health and Safety Officer Dave Joyce describes as the hopelessly deficient 1991 Dangerous Dogs Act. It is almost universally acknowledged that the Dangerous Dogs Act (DDA) doesn't work. It's neither prevented nor reduced the large number of dog attacks in the UK. 

Describing the attack on Paul, South Yorkshire Branch Area Safety Representative Darrell Bennett said "Paul has only recently left Hospital and was initially in intensive care and nearly lost his right arm. In a sustained attack, the two dogs had to be beaten off Paul by rescuers using metal bars and one dog was shot dead at the scene by armed response police officers. It took the Officers a while to get there so you can just imagine how long this attack went on. Paul underwent no less than eight operations, including skin grafts and repairs to bite wounds which penetrated down to the bone tearing off huge lumps of flesh."

In the same area last year Rotherham Postman Terry Johnson, was attacked by an Alsatian and suffered 41 bite marks and was so severely injured he could only walk with the aid of crutches after the attack.

Prior to that Barnsley Postman Noel Harrison, needed 56 stitches in face wounds and was disfigured for life after being savaged by a Bull Mastiff.

National Health and Safety Officer Dave Joyce said "Over the last year some terrible tragic cases have appeared in the news such as that of five years old Ellie Lawrenson, who was mauled to death by an uncle's Pit Bull Terrier in St Helens, Merseyside and 22-month-old Kira Neal who had her face torn off and nearly lost an eye whilst playing close to her mum in Bournemouth pub garden when the a dog which was on a lead at the next table, suddenly pounced without warning.

Behind all this comes the 5000 to 6000 Dog attack incidents on Postal Delivery Staff every year that seems to go unnoticed by the many including the government. To date, the response every time we've raised it with ministers has been strong resistance to amend the DDA which ministers say is robust enough to deal with dangerously out of control dogs, despite criticism of the law by many including the CWU. 

"The statistics don't support what the government are saying and that's why we are now saying it's time for changes to the Dangerous Dogs Act and we've launched our "Bite-Back" campaign and hope that enough support can be brought to bear on Ministers and the government to review the Law" added Dave.

The Government's Latest figures show that more than one person a day in Yorkshire is treated in hospital after being attacked by dogs and after the Paul Colman attack, there have been meetings and discussions with Sheffield MP Anne Smith as well as with South Yorkshire Police to ensure the culpable owner is prosecuted and with Sheffield City Council, to impress upon them the need for more efforts to minimise the risk of attacks on postmen and women, calling for more liaison with their Local Authority Dog Wardens.

Dave is currently seeking a meeting with Prime Minister Gordon Brown with the intention of taking along victim, Postman Paul Coleman and his Area Safety Rep Darrell Bennett. Dave said "It might help if Paul shows Gordon his injuries and tells him first hand just what it's like to go through this hell when all our members want to do is to deliver letters safely."

The support of the CWU team of 12 supported MPs has been enlisted as well as Lord Tony Clarke and Lord Tony Young the two former CWU Senior Officers.

Dave has had discussions on the issue with Lord Bill McKenzie the Health and Safety Minister. David Hanson MP the Justice Minister and Hilary Benn MP the Secretary of State for Environment, Food and Rural Affairs have also been lobbied on the issue with calls for action.

Defra Minister Jeff Rooker has recently set up a working group to look at the DDA legislation around dangerous dogs but Dave Joyce says "The group's remit is too narrow and they are charged primarily with producing "guidance" to dog owners and enforcers but we don't want it to stop there. What we want are firm recommendations on changing the law and secondly the working group is made up of representatives from the Police, dog interest groups and animal welfare organisations drawn from the Associate Parliamentary Group for Animal Welfare (APGAW) - an all-party parliamentary group made up of MPs, Peers and associate animal welfare organisations. This so called working group doesn't include representatives of victims or trade unions and the point's been made that once again our member's problems are being overlooked. However, a CWU written submission has been sent to the working group to put the CWU's views on dog attacks and the need for action. 

Dave added "We have also been pressing Royal Mail since CWU conference last June to completely overhaul and revise the current Royal Mail Dog Attack Policy and procedures and meetings are lined up with the new Royal Mail Letter Operations Director and Head of Corporate Social Responsibility to take this forward. The good news here is that we have an agreement in-principle to introduce a revised, toughened up process which better protects our delivery members and clamps down on offenders by modelling a revised Dog Attack Policy on the nationally agreed "Walk-Safe" Assaults Policy. We want Royal Mail to take a harder line in future." "Other things we want from Royal Mail is for the introduction of a new dog attack training initiative as there hasn't been one for years; A review of the provision, use and effectiveness of Personal Protective Equipment (Dog deterrents) and an urgent Audit of all Royal Mail Delivery Offices and their application of the Dog Attack Policy and Risk Assessments. We also want to look at developing and producing a Dog Attack Pocket Card Guide for staff." 

Dave has also been busy talking to the HSE's Chief Executive Geoffrey Podger and Head of Utilities Group Mark Dawson regarding the issue and meetings are pending to discuss the HSE's support and their "Enforcement Policy" on Dog Attacks. Dave explains "The Health and Safety Executive have expressed concerns about the management of Royal Mail's Dangerous Dog Policy procedures in the past and the need for more efforts to minimise the risk of attacks on postmen and women. In both 2005 and 2006, HSE Inspectors noted a failure to implement the Dog Attack Policy which had fallen into decline and poor compliance.

Therefore the issue for the HSE now is to get them to agree to investigate Dog Attacks and to take enforcement action where appropriate against Royal Mail if Health and Safety Laws have been breached by Royal Mail managers, for example not undertaking suitable and sufficient Risk Assessments and where managers should be taking action to protect our members from known high risk addresses and areas. Clearly the warnings and Improvement Notices previously issued haven't been enough in some cases".

Dave pointed out "This is important because Police only act 'after the event' so to speak in that they will investigate a crime by the Dog Owner and may prosecute the owner under the Dangerous Dogs Act. However, if Royal Mail managers have failed to take any action to avoid attacks, it will not even feature in the Police investigation. The HSE on the other hand are responsible for ensuring the employer minimises the risk 'before the event'. 

Therefore the HSE has a responsibility to our 70,000 members on Delivery out on the streets to examine if managers are discharged their Health & Safety responsibilities and trying to prevent attacks from occurring in the first instance. Managers should be assessing the high risks areas and addresses etc.

Dave Joyce added "It's not just a case of amending the law as some seem to think - enforcement is the key because 'a Law not enforced is not a Law at all' and currently we have a very inconsistent approach to enforcing the DDA. We want the Police to deal with DDA offences consistently across the UK and prosecute all offending owners. So another line of enquiry being pursued in the campaign is that of "enforcement" of the Dangerous Dogs Act by the Police. A meeting is being lined up with the Association of Chief Police Officers at their Victoria HQ to convince them to issue new guidance to the 43 UK Police Forces, in order to get Consistent enforcement of the DDA. Dave explains “The Act has cost the police vital resources, in manpower and millions of pounds in kennelling and associated costs when dogs are seized and held. Therefore some Police Forces are reluctant to pursue and prosecute DDA offences and we've got to change that". 

"I also want local authority Dog Wardens to be more pro-active and take action against owners of vicious dogs before they attack our members and we're seeking closer co-operation between LAs and Royal Mail. In this respect I intend to approach "LACORS" (the Local Authorities Coordinators of Regulatory Services) which is the local government central body responsible for overseeing local authority regulatory and related services in the UK."

"Representations are going to be made to the Justice Minister and the Government's Sentencing Advisory Council about the level of punishment handed down by the courts in DDA Cases. We want to see the Courts being empowered with a new range of penalties, providing a graduated system, through the courts if appropriate, to introduce Control Orders requiring one or more of the following; “the dog to be destroyed, kept under proper control, kept subject to conditions such as being on a lead or muzzled, to be re-homed, the owner to be disqualified from being in charge or having possession of a dog for as long as a court deems appropriate and the owner to be required to pay up to £10,000 compensation for injury, loss or damage, up to a £10,000 fine and/or six months imprisonment, or an unlimited fine and up to two years imprisonment in the crown court. And in cases where the owner can't pay - as lawyers call them "Men of Straw" (persons not worth suing, as lacking in any financial substance) we want a scheme set up by government like the Motor Insurers Bureau which deals with uninsured drivers in road crashes." 

The Scottish Parliament is going to deal with the issue in the current session and Dave added "I'm pleased that Central Scotland SMP Alex Neil is bringing a bill before the Scottish Parliament on Dangerous Dogs. Alex's proposed "Control of Dogs (Scotland) Bill" proposes to modernise the law on dangerous dogs the way we would want to see it changed and he's issued a consultation document inviting responses from interested parties to be in by 14 April so we will be submitting our views and making a cross party approach as part of our campaign, approaching Alex Neil, the first minister and all party leaders. A briefing will been prepared for SMP's plus I've been in contact with Scottish Labour Group Leader Wendy Alexander in order to secure her support. This will hopefully bring added pressure to bear on the Westminster Government to introduce UK Law changes." 

Dave is also talking to other Trade Unions and the TUC because other workers such as Dustmen, Gas & Electricity meter readers etc face similar problems and the aim is to get other Unions supporting the campaign.

Dave concluded "We've never stopped campaigning on this issue on and off because the issue never subsides. I'm seeking the support of Branches and members with the campaign to raise the matter with their local MP and Local Authorities and Police Community Liaison Groups etc, in fact any organisation with a view and influence in order to raise the profile and put pressure on the government to change the Law and for better enforcement from the Police and HSE. Something has got to be done to curb the number of severe dog attacks on our Royal Mail delivery members otherwise it will just continue and we'll see more members mutilated by dogs with members suffering physical injury and having their mental health destroyed by traumatic incidents. The most important thing is that postal workers are able to go home at the end of their day as fit and healthy as when they arrived for work in the morning."

The Dangerous Dogs Act 1991 contains powers enabling both local authorities and the police to deal with dangerous dogs as does the Dogs Act 1871. Under the law, LA's/ Borough Councils have the power to intervene in most cases where it is believed that the public have been placed at risk by a dog and in all cases where an actual attack has occurred. Dangerous dogs can either be reported directly to the Police or to the Local Authority or Borough Council; both are empowered to take action against the dog and its owner. Even if no attack has taken place a dog can still be considered a threat, particularly if it has been left in a situation where it could attack the public. This would also include dogs located on private land or in proximity to areas of public use.

Section one, which prohibits certain breeds and types of dog, predicts a dogs behaviour based on its physical conformation when this is not possible. This is why section one dogs placed on the Index of Exempted Dogs have never been proved dangerous, and why dogs of breed or types other than those prohibited have been involved in dog attacks.

Section three, however concerns dogs being dangerously out of control in public, and applies only after an incident rather than operating on a preventive basis.
There is some confusion within the Dangerous Dogs Act 1991, regarding the interpretation under the Act of "Public Place".  Under the Dangerous Dogs Act 1991, a criminal offence can be brought against the owner of a dog (and if different the person in charge of a dog) if a dog is: (a) dangerously out of control and (b) in a public place. Section three applies only in public or a private place where the dog should not be. If an incident occurs in a private area where the dog is allowed there is no protection. 
'Dangerously out of control' is defined as being 'on any occasion on which there are grounds for reasonable apprehension that it will injure any person'. Generally, if a dog bites someone then it will be presumed to have been dangerously out of control.
'Public place' is defined as including any place 'to which the public have or are permitted to have access'. As Postal Workers have access to private property in order to deliver the Mail then they should be covered by the Act for attacks on private property e.g. Gardens etc.

However apparently some Local Authorities have indicated that Postal Workers on private property are not protected under the Dangerous Dogs Act 1991 because the act relates to the 'public places' only. This needs to be cleared up by the Government as its not crystal clear.  

Owners of dangerous dogs of any breed can be prosecuted under the Dangerous Dogs Act 1991. Additionally, it is an offence for any dog to put a person in fear of their safety.

The key areas of the Dangerous Dogs Act 1991 that require change are:

1) Legislation should be based on the legal duty of care of the person in charge of the dog, and the owner of the dog who put that person in charge of it, to ensure the dog is not dangerously out of control.

2) The legislation should apply to incidents which take place in private as well as public by extending the Section 3 Law of "dangerously out of control" to include attacks on private premises. However, there should be an in-built exemption for a dog that bit someone who was on the premises unlawfully, such as a burglar or it was provoked.

3) The Breed specific aspects of the Act should be removed. The Index of Exempted Breeds should be "opened" so that any dog could automatically be registered as such and duly neutered, tattooed and micro-chipped etc thus avoiding custody and lengthy court proceedings. (Punish the Deed - Not The Breed).

4) The 1871 Dogs Act should be incorporated into the DDA which is currently a Civil Action, not a Criminal action and includes private premises plus close the loophole in the 1871 Dogs Act which has no power of seizure.

5) The legislation should be amended to prevent an owner transferring the dog to another person before a court hearing so they can avoid proceedings and so leaving the court with no power to act and demand compensation.

6) Introduce a new range of orders "Dog ASBOs" against owners of genuinely dangerous dogs, including 'preventative measures' if a dog comes to the attention of the authorities for bad behaviour prior to any attack. This could include obtaining a court order to compel the owner to train and control the dog with the court able to issue a control order with a lower burden of proof in Lower-level incidents with a staged graduated system approach. A Control Order (ASBO), should be used when a dog has, for instance, shown aggression, caused injury to another animal, caused harm to a person or caused them to believe they may be harmed.  The Control Orders could require one or more of the following; the dog to be destroyed, the dog to be kept under proper control, the dog to be kept subject to conditions such as being on a lead or muzzled, the dog to be  re-homed, The dog owner disqualified from being in charge or having possession of a dog for as long as a court deems appropriate.

7) Increase penalties and compensation orders, including unlimited fines and imprisonment. The owner be required to pay compensation for injury, loss or damage, underpinned by the Insurance Industry or Government. 

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