LTB 150/12 CWU 'Bite-Back' Campaign - "Police Professional M

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02 March 2012
LTB 150/12 CWU 'Bite-Back' Campaign - "Police Professional Magazine" Article by Acting Chief Constable Gareth Pritchard, North Wales Police and the As

No. 150/12
Ref P18
Date: 2 March 2012





To: All Branches



Dear Colleagues



CWU 'Bite-Back' Campaign - "Police Professional Magazine" Article by Acting Chief Constable Gareth Pritchard, North Wales Police and the Association of Chief Police Officers (ACPO) Lead on Dangerous Dogs in which he argues for Strengthening of Dangerous dogs’ Legislation and to Close a Significant Public Protection Gap
Attached is the 'text' of an article which appeared in the February Edition of 'Police Professional' magazine, written by Chief Constable Gareth Pritchard, North Wales Police and the Association of Chief Police Officers (ACPO) Lead on Dangerous Dogs. In the article Mr Pritchard argues for Strengthening of Dangerous dogs’ Legislation and to close a Significant Public Protection Gap in the law. Gareth has kindly given permission for the article to be reproduced through CWU Publications and media and CVWU Branches and Representatives will find it of great interest and Gareth personally along with the Association of Chief Police Officers (ACPO) as well as the Police Federation (Polfed) both strongly support the CWU 'Bite-Back' Campaign and its aims and aspirations. The CWU is very grateful for the support of Gareth Pritchard and the Police and the great job they do in dealing with Dangerous Dogs on a daily basis - against the backdrop of dangers and difficulties with dogs and owners plus the obstacle of ineffective legislation. APCO are one of the organisations that form the Dangerous Dogs 'Campaign Coalition'. Gareth has attended meetings with government ministers alongside CWU National Health & Safety Officer Dave Joyce to put the case for change, as well as shared the platform at public meetings on the subject. A quote from Dave Joyce is included in the article.
In summary, the article starts with an example of an actual North Wales case and points out the difficulties for a police officer called in to investigate an incident of a child injured by a dog which occurred in a private dwelling, the result being, there is no offence. Many police officers and members of the public are not aware of the law in England and Wales until they become involved in such a case as a victim or parents of a child victim.



The legal history:- is summarised and points out that the complexity of the legislation has necessitated the training of Dog Legislation Officers (DLOs) in most forces in England and Wales to ensure they have officers that understand the law and are able to manage the response to such incidents. As for the effectiveness of the Dangerous Dogs Act 1991 - it's pointed out that many believe it provides insufficient protection for the public and it has disappointed victims when they realise what the police can effectively achieve! Outside England and Wales, new legislation has been passed in terms of the Control of Dogs Scotland Act 2010 and the Dogs (Amendment) Act Northern Ireland 2011. but the law in England and Wales remains unchanged but the Communication Workers Union (CWU), Association of Chief Police Officers (ACPO), the Royal Society for the Prevention of Cruelty to Animals (RSPCA) and many animal charities and trade unions are seeking a new consolidated act to replace the current piecemeal situation. During the Department for Environment, Food and Rural Affairs (DEFRA) consultation on dangerous dogs, 78 per cent of respondents supported the consolidation of the legislation into one new Act.



The lack of enforcement powers in private:- is set out in the article in relation to the current legislation restricting the offence of having a dog dangerously out of control to Public places and Places where the dog has not got the owner’s permission to be which means that on private property, little or no protection is offered by the outdated legislation, such as the Dogs Act 1871, which merely allows the laying of a complaint and does not hold the owner of the dog criminally accountable and no protection what so ever by the Dangerous Dogs Act 1991. It goes on to add that whilst householders should be able to defend their homes by using their dogs from burglars and unlawful trespassers .The law in Gareth Pritchard's view should be changed to ensure that people, such as Postal Workers and children who are lawfully on private property are protected. He concludes that by extending legislation in private property the police will be able to far more effectively protect the public.



Postal Workers:- The article details the fact that many of those injured include people who in the course of their work visit people’s homes, such as nurses, midwives, others who provide support and especially postal workers and includes the reference to our Union's campaign as follows "The Communications Workers Union (CWU) through their National Health and Safety Officer, Dave Joyce, has campaigned relentlessly on this issue and assessed that around 6,000 post office workers are injured each year by dogs, around 70 per cent of which occur on private property where there is no redress through the criminal justice system. The injuries range from scratches and bites to the amputation of fingers. Dave Joyce said, "We need the Westminster government to follow the Scottish and Irish lead by extending the law to include private property and dog owner’s homes so closing the loop hole which gives immunity to irresponsible owners from criminal prosecution when Postal Workers are attacked and injured on private land and premises.”



The growth in the use of `status’ dogs by gang members:- as a weapon, to intimidate individuals and the community is also a concern covered in the article. This is linked to gang culture, dog fighting and other illegal activities. The Metropolitan Police Service (MPS) reported a rise in the number of dangerous dogs seized and have set up a Status Dog Unit to specifically address the issue. The RSPCA published a review in August 2010 which estimated that the cost to the taxpayer for irresponsible dog ownership was around £77 million per annum.



Slow and expensive justice is the conclusion:- in respect the current complex legislative framework with slow progression of court cases resulting in increasing costs to police forces at a time when they can least afford it. The current "Breed Specific Legislation (BSL) means police are required by the legislation to seize dogs without the appropriate discretion to assess the threat the animal poses. This can result in substantial kennelling costs to many forces with the Met for example spending nearly £3 million a year. This impacts on police budgets but also on the dogs welfare.



The article pointes out:
· The CWU report that around 6,000 postal workers are injured each year by dogs.
· The RSPCA reported that 55 per cent of the complaints they received concerning `dog fighting` involved young people fighting their dogs in parks and streets.
· The Guide Dogs for the Blind Association estimates that seven guide dogs are attacked each month.
· British Horse Society states that there has been an increase in riders and horses being attacked by dogs.



The APCO vision is set out as:
· Improves public protection from harm and serious injury
· Provides protection in private places
· Seeks early preventative action to be taken
· Provides a proportionate response dependant on the danger posed
· Provides protection for workers who visit people’s homes
· A cost effective procedure
· Improves animal welfare
· Provides a swift and effective resolution
· Gives communities reassurance



The lack of a Preventative legal strategy is outlined in the article:- the current legislative framework prevents an effective preventative strategy being adopted in fact. In many communities there is concern about dangerous dogs being housed with families posing a threat to the vulnerable and also being allowed to roam in public places. What is needed is a preventative approach which gives rise to early intervention when there is concern. The current legislation requires an incident or dog attack to take place before police or dog wardens can act. Many of these incidents are serious dog bite incidents that may well have been avoided if police or local authorities had powers to act when initial concerns were raised. A New "Dog Control Notices" system is supported by Gareth Pritchard and ACPO which would enable an officer or dog warden to impose a wide variety of sanctions on individuals who they believe are acting in an irresponsible manner with their dogs - this being in line with CWU's 'Bite-Back' campaign along with the extension of the law to private property.



Conclusions:-The public and animals are not being adequately protected and New legislation is needed to ensure effective protection for all with the tight tools for enforcement bodies so that they can take action at an earlier stage to prevent serious incidents from occurring and potentially save money. The onus should be put back on dog owners to be more responsible. This issue causes concern in communities and the life changing injuries being sustained result in the public having a lack of confidence that the problem is being effectively controlled.



The way forward:- Gareth Pritchard refers to his recent meeting with DEFRA Minister Lord Taylor together with representatives from the Communications Workers Union RSPCA, Dogs Trust, Battersea Dogs & Cats Home, Kennel Club, Blue Cross, British Veterinary Association and Royal College of Veterinary Surgeons. Despite there being representatives of agencies with differing outlooks there was a strong consensus and unanimity on the need for action. Gareth believe that the case is made out for an improved legislative framework to improve public protection, give enforcers power in private places, provide a set of effective preventative tools to allow early resolution, have a quick and cost effective process in the criminal justice system, improved animal welfare provisions coupled with an effective education and engagement process and a clear means of identifying dogs. He sincerely hopes that with so many organisations in agreement on the need for action that the Government will seize this opportunity and work through the detailed proposals that have been put forward to significantly improve the situation in our communities.



This article and statement of the position of the Association of Chief Police Officers (ACPO) sends a powerful message to the Government, fully supporting the CWU's 'Bite-Back' Campaign objectives. Let's hope they take notice of it! Our Union will continue its work with Gareth Pritchard and ACPO along with the other organisations in our 'Campaign Coalition' and other supporting bodies such as RSPCA, Dogs Trust, Battersea Dogs & Cats Home, Kennel Club, Blue Cross, British Veterinary Association, Royal College of Veterinary Surgeons, Trade Unions, Royal College of Nurses, Royal Mail, Kennel Club, Guide Dogs For The Blind, Lawyers, Local Authorities, GLA etc and so on.



Yours Sincerely



Dave Joyce
National Health, Safety & Environment Officer