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Quick Links:
| Introduction |
| Legislation Relating to Dangerous Dogs |
| Assessing Risks to Children and Young People |
| Protection and Action to be Taken |
| Significant Issues |
| Further Information |
| Amendments to this Chapter |
Introduction
This guidance explains the importance of professionals making routine enquiries regarding dogs in the household whenever they are working with children and families. It then looks at the action which is required when a child is injured by a dog and / or when there are concerns that a dog in the household may be dangerous or prohibited.
The benefits of owning pets are well established. Living in a pet owning household can have physical and emotional benefits for children as well as teaching them about responsibility and caring for living creatures. However, in the UK in recent years a number of children of different ages have been seriously injured or have died from attacks by dogs, and it is important therefore that professionals working with children and families are aware of the issues around dangerous dogs and the risks they can pose to children and young people.
The aim of this chapter is to help practitioners and members of the public to understand how to assess any risks which dogs in the household might pose to children and take action as necessary to protect children from serious injuries which can be inflicted by dogs that are prohibited, dangerous or badly looked after or mistreated by their owners.
The guidance covers the following:
- How to routinely ask questions about dogs in the household or in regular contact with children and young people and how to assess any associated risks;
- The action that should be taken if a child is living in a household with a prohibited or dangerous dog; and
- The information that should be gathered when any child is injured by a dog and the criteria that should prompt a referral to the Children’s Service or to Jersey Police.
The abuse of animals can be part of a constellation of intra-familial abuse, which can include maltreatment of children and domestic violence and abuse. However, this does not imply that children who are cruel to animals necessarily go on to be violent adults, or that adults who abuse animals are also violent to their partners and/or children. Effective investigation and assessment are crucial to determine whether there are any links between these factors and the possible risks to the safety and welfare of children and/or vulnerable adults.
Legislation Relating to Dangerous Dogs
The Dogs (Jersey) Law 1961 provides detailed information about the legislation covering the responsibilities of owners and the actions that can be taken to remove and/or to control dogs who are considered to be dangerous.
Under Article 11 (1) A dog shall be regarded as being dangerously out of control if on any occasion it is not being kept under control effectively by an individual and:
- It is causing or has caused death, injury or other harm to an individual, a domestic animal or livestock; or
- Its behaviour gives, or has given, rise to alarm or apprehension on the part of an individual for the individual’s own safety, the safety of another individual or the safety of a domestic animal or livestock, and that alarm or apprehension is, in all the circumstances, reasonable.
In circumstances such as these the Police have a power to seize the dog in a public place. The Police can apply for a warrant to seize a dog that is dangerously out of control if it is on private property.
The Customs and Excise (Import and Export Control ) (Jersey) Order 2006 lists which breeds of dogs are banned in the island. There are also Regulations in relation to the control of dogs on parks, beaches and roads.
Assessing Risks to Children and Young People
When a practitioner from any agency undertakes a home visit and there are both children and dogs in the household, the practitioner should routinely consider whether the presence of the dog/s presents any kind of risk to the welfare of the child/ren. This should involve a discussion with the parents or the pet owner about the dog’s behaviour. This is particularly important when there is a new baby in the household. The pet owner should be asked whether the dog’s behaviour has changed since the baby was brought home. This assessment of risk should be repeated when the baby begins to become mobile.
There will be times when even the most well cared for dog behaves in a way that had not been expected. The care, control and context of a dog's environment will impact on the dog’s behaviour and the potential risks it may pose. 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 others are likely to present more risks than genuine pets.
All children are potentially vulnerable from an attack by a dog but very young children are likely to be at greatest risk. A young child will be unaware of the potential dangers they could face and will be less able to protect themselves. Small children are of a size that leaves especially vulnerable parts of their body exposed. The question should be asked: ‘is the dog left alone with the child?’ This applies even if the child is in a cot, bed or seat of some kind.
See also: Significant Issues for guidance from the RSPCA on assessing the whether a dog’s welfare needs are being met.
If it is the professional judgement of the practitioner that a dog is prohibited or presents a risk to a child, the Police or Children's Services should be contacted immediately.
It is important that family members, members of the public and practitioners from all agencies are aware of the potential risks involved in any interactions between dogs and children.
There will be times when even the best cared for and well trained dog behaves or reacts to a situation in a way which is unexpected.
The unpredictability of both children and animals along with the vulnerability of children due to their size and inability to recognise dangerous situations means that it is the responsibility of all adults to be aware of the need to supervise the interaction between children and dogs.
Dogs are known to display a number of characteristics when feeling anxious about a situation and these will often precede an animal either attacking or defending itself using aggression.
Warning signs include:
- Pulling lips back and showing front teeth (aggressive)
- Wrinkled nose (aggressive)
- Yawning (anxious)
- Licking their lip/nose (anxious)
- Tail between back legs (anxious)
- Clearly visible sclera (whites of eyes) (anxious/aggressive)
- Avoiding eye contact (anxious)
- Tense body muscles (anxious/aggressive)
- Growling (aggressive)
- Barking ( anxious/aggressive)
If a child has been bitten by a dog or it is the judgement of the adult present that a dog presents a risk to a child then every effort should be made to ensure that all contact between the two is supervised by a responsible adult whilst referrals are made following the correct procedure.
Further information can be found at Child Accident Prevention Jersey, Speak Dog and Stay Safe.
Protection and Action to be Taken
Any agency that becomes aware of a dog that could be prohibited or considered dangerous should collect the following information:
- The dog's name and breed;
- Information about the owner;
- The reason for keeping the dog and information about other family members, particularly young children.
Where there is a report of a child having been injured by a dog (or exposed to the risk of injury) a referral to the Jersey Police and / or Children’s Services should be considered. In deciding whether or not to make a referral, consideration should be given to:
- The nature of the injuries;
- The circumstances of the attack / incident;
- Whether the parents or dog owner sought medical advice;
- Whether the dog has previously shown any aggression; and
- What action the pet owner has taken to prevent a recurrence of any attack.
Remember, if a practitioner has reason to believe that a dog in the household is prohibited or presents a risk to a child, the Police or Children’s Services should be contacted immediately. A referral should also be made where a prohibited and/or dangerous dog is reported and/or treated, and is believed to be living with and/or frequently associated with children.
Some referrals might be logged 'for information only' by the agencies, for example if it is clearly established that no significant or continued risk is likely to the child, or other children (for example, if the dog – which was the only dog in the household - has already been 'put down' or removed to another house where no children are present).
Some referrals might prompt 'information leaflets' on Dogs and Safe Care of Children to be issued for example, 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. See - Parent Tips - Keeping Babies and Children Safe Around Dogs in the Home (Institute of Health Visiting) and The Blue Cross Be Safe with Dogs Leaflet - Guidance for Families.
In more serious cases a Strategy Discussion and joint child protection investigation should lead to further discussions with other agencies and home visits to complete assessments and to inform judgements on parenting and the care and control of the dog(s).
Advice might be sought from a veterinary professional 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.’
Significant Issues
The RSPCA offer the following advice to all professionals who are in contact with a household where there is a dog/s present:
"When looking at, or asking about a dog think about the following points, which should not be considered an exhaustive list but are intended to prompt a professional’s curiosity as to the state of the dog’s welfare along with suggested courses of action.
The welfare needs are:
- The need for a suitable environment;
- The need for a suitable diet;
- The need to be able to exhibit normal behaviour patterns;
- The need it has to be housed with, or apart from, other animals;
- The need to be protected from pain, suffering, injury and disease.
During the visit ask if there is a dog in the property including the back garden. If there is, and the dog isn’t in the same room as you, ask to see him."
Further Information
Policing of Parks (Jersey) Regulations 2005
Policing of Roads (Jersey) Regulations 1959
Policing of Beaches (Jersey) Regulations 1959
Animal Welfare (Jersey) Law 2004
Hospital admissions for dog bites FOI (GOV.JE)
UK based information
The Blue Cross Be Safe with Dogs Leaflet - Guidance for Families
The Dogs Trust: Staying Safe With Dogs
Kennel Club's Safe & Sound Programme with Resources for Schools
Amendments to this Chapter
In June 2019, this chapter was substantially updated throughout and should be re-read.
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