LTB 326/16 Irresponsible Dog Owner Fined £8,800 For Serious Injury Dog Attack on Essex Postwoman:

[TrueBlueTerrier]

CWU.org
24 May 2016
LTB 326/16 Irresponsible Dog Owner Fined £8,800 For Serious Injury Dog Attack on Essex Postwoman:

No. 326/2016

24 May 2016

Our Ref: P18/16

Irresponsible Dog Owner Fined £8,800 For Serious Injury Dog Attack on Essex Postwoman:


To: All Branches

Dear Colleagues,

In response to a number of enquiries, here is a summary report on the outcome of a recent Dog Attack case, recently concluded at the Magistrates Court which resulted in the Dog Owner and Royal Mail customer paying Fines, Costs and Compensation totalling just under £8,800.

A CWU Romford Amal Branch member and Postwoman with only five months service was attacked by a dog on the 23rd February this year 2016 whilst delivering to a residential address in Essex.

Without warning the individual’s hand was savagely seized as she pushed mail through a customer's front door letterbox. The attack was so ferocious that the tips of her fingers were completely bitten off by an animal she couldn't see, on the other side of the door, inside the house.

The Postwoman was rushed to Hospital where she underwent emergency treatment, including plastic surgery to repair the damage and mend the wounds plus a course of medication to avoid dangerous infection. Apart from the terrorising experience along with the immediate pain the member suffered both physical and physiological injury and was put into financial difficulties due to her short service not qualifying her for full sick pay.

Immediately after the attack Royal Mail managers visited the address and imposed a Delivery Suspension. The Police were called and they acted swiftly, seizing the dog within 4 hours and arresting the dog owner at his address.

The member had done nothing wrong in relation to the avoidable attack she fell victim to. The CWU Area Safety Rep's investigation discovered that Walk Safety Logs and Walk Risk Assessment Folders were not up to date in the Delivery Office concerned and the files contained no relevant information regarding any dog residing at the said address. No 'Posting Peg' (letterbox delivery safety device) had ever been issued to the Postwoman victim since commencing employment last October and as a 'Reserve duty' worker, covering many different rounds when people were off on sick or holiday, she was on a walk that was unfamiliar to her. Colleagues at the Delivery Office concerned were aware of the dog that attacked the victim, as it had been a problem in the past, but sadly several near misses had not been recorded and the details of the Dog had not been logged to warn staff covering that delivery round.

After this attack discussions took place between the CWU ASR and Safety and Operational Managers, following which the workforce at every Delivery Office in Essex were briefed on using the 'Posting Peg' and not to put fingers through letterboxes.

Finally, the victim was restored to full pay under the Nationally Agreed 'Royal Mail Dog Attack Compensation Scheme'.

At Barkingside Magistrates Court on Friday 6 May, the unfortunate innocent victim was in Court when the dog owner and defendant pleaded guilty and was convicted of an aggravated offence under the Dangerous Dogs Act 1991, and of being the owner of a dog dangerously
out of control causing injury. He was ordered to pay Fines, compensation and costs totalling £8,793 from which the Postwoman received a compensation order for £2,764. Additionally the Judge placed a 'Contingent' (or Suspended) Destruction Order on the Dog and imposed a
Control Order stating that the Dog must at all times be on a Lead and Muzzled in Public Places and the Owner must have a 'Mandatory' a valid Third Party Liability Insurance Certificate for the life of the Dog.

The Union welcomes the outcome of this case and hope the message gets to other dog owners that if they fail to control their dogs then there's a very heavy price to pay. Dog owners convicted of dangerous dog’s offences will face harsher punishments under the 2014 changes to the law, won by the CWU's 'Bite-Back' campaign and in July this year the Sentencing Council's new guidelines for England and Wales will come into force and sentences are likely to be even higher. Additionally the guidance will help ensure that Courts across the Country should be more consistent with sentences which is something lacking presently.

We in the CWU know better than any other organisation that irresponsible owners' dogs put our members and members of the public at risk of injury and even death. The amendments to the Dangerous Dogs Act which our campaign won, also extended the law to include attacks which happen on private property where 75% of attacks on Postmen and Women take place, just like Claire Offord's attack. Prior to May 2014 the dog owner in this case would have been immune from prosecution, because of the changes the CWU won to protect our members the owner paid £8,793 in Fines and Costs and could have gone to Jail.

I would like to take the opportunity to commend CWU Romford & District Amal Branch Area Safety Rep Ryan Ward for his work on the case and personal support and assistance given to the member.

NOTE - IMPORTANT LEARNING POINTS AND WARNING TO ALL DELIVERY MEMBERS - ASRs PLEASE PASS ON MESSAGES:

• Identify dog hazards! - capture them in the Walk Log and WRAP.
• Be Aware and be vigilant - Take no risks - Do not put yourself at any risk.
• Report all dog Incidents, near misses and hazards to the manager and Safety Rep.
• Avoid Dog Bites Through The Letterbox - Don't put fingers through letter boxes (LOOK AT THE GRAPHIC PHOTO ATTACHED) Use A 'Posting Peg'.
• 'Stay Safe' - Follow the Dog Risk Assessment Control Matrix.
• RM/CWU Dog Awareness Week is Mon 27 June to Fri 1 July
• RM/CWU want volunteer dog attack victim Case Studies to talk about their experiences and allow RM/CWU to feature the Case in the press and media
(Volunteers details to Nick Burns: Tel: 07801091380 Email: nicholas.burns@royalmail.com

Attachment: Photograph of Injuries (WARNING GRAPHIC IMAGE)

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer