Overview of Policy on Stray Dogs across HBBC
Added at 10:45 on 06 March 2023
Under the Environmental Protection Act 1990 the Council is under a duty to seize stray dogs. Without this service, such dogs would pose a risk to public health and safety, not only through aggression, but owing to the potential for a roaming dog to cause road
traffic accidents; in addition, a dog that fouls in public areas does not have an owner with it to pick up the mess.
The service is provided in house by our dog warden who started with the Council over 30 years ago. In addition, the dog warden is supported by our administration team and an apprentice. There is no national qualification for a dog warden and so in 2021 an
apprenticeship opportunity was created within the team. The Apprentice Animal Control and Licensing Officer started in September 2021 and the position will run until September 2023. The apprenticeship provides on the job training along with an NVQ qualification in regulatory compliance that provides the apprentice with the knowledge, skills, behaviours, and experience necessary for this particular career. The Council also has a contract with a private contractor, Central Animal Control, to collect strays at weekends, bank holidays and during the week after office hours until 21:00. The same contractor also covers during any absence of the dog warden (who
works part time) during office hours.
The following stray dogs have been collected in the last 2 financial years.
63 dogs were collected by Central - out of hours - in 2021/22
32 dogs were collected by Central - during office hours - in 2021/22
15 dogs were collected by the Council in 2021/22
58 dogs were kennelled in in 2021/22 with 26 claimed by their owners.
56 dogs were collected by Central - out of hours – to date in 2022/23
7 dogs were collected by Central - during office hours - to date in 2022/23
33 dogs were collected by the Council to date in 2022/23
66 dogs were kennelled to date in 2022/23 with 22 claimed by their owners.
Numbers over the last few years are comparable; however, it can be seen that there is a reduction in office hours collection by Central in 2022/23 and an increase in those dogs collected by the Council; this is owing to the increased experience of the apprentice who
can now cover for the dog warden during absences. Stray dogs are taken to our kennels which are provided through contract. Stray dogs, if not claimed by the owner, must be retained for 7 days by the Council, after which it is responsible for the dog’s future care. Most dogs not claimed by their owner are retained beyond the 7 days at the expense of the kennels with a view to re-homing. Relatively
few dogs are euthanised and then normally only because of health or behaviour issues (1 in 2021/22). An owner may recover their dog on payment of a statutory fee of £25 (this fee is set by government as a deterrent), a daily kennelling charge (currently £18.70)
and any vet fees incurred.
It is worth noting that although there are relatively few stray dogs being kennelled, there are many others that are returned directly to their owners. This is in part owing to the success of the compulsory microchipping regime that has been in place since 2016. This enables the dog warden to check all stray dogs and return them, if possible, directly to the owner. The Dogs Trust reported in 2019 that 75% of all microchipped dogs that were unable to be returned to their owners had incorrect contact information on their chip. It is therefore vital that owners keep their dog’s chip details up to date.
If a dog is not microchipped, the Council can take enforcement action to require the owner to chip or update the chip details.
Regardless of whether a dog is microchipped, the Control of Dogs Order 1992 states that a dog in a public place must wear a collar bearing the name and address (including postcode) of the owner engraved or written on it or engraved on a tag. Failure to comply with this order is an offence. Any person found guilty of an offence can be prosecuted and potentially receive an unlimited fine. The Animals (Penalty Notices) Act 2022 introduced the ability for the local authority to issue fixed penalty notices for those dogs not complying with microchipping and collar and tag legislation; this penalty is to undergo further consultation prior to the issue of guidance and implementation. It is HBBC policy that any dog that has been seized by the dog warden previously will not be directly returned to the owner and so on claiming their dog, the owner will be required to pay a fee; it is hoped that this will act as a deterrent to ensure that all is
done to prevent the dog from straying again and potentially causing the issues discussed above.
Our current kennelling contract is with an animal charity in Leicestershire. The charity is a rescue and rehoming centre for cats and dogs. Every year, they care for more than 400 dogs and cats that are lost, abandoned, neglected, unwanted or relinquished because their owners can no longer care for them. They provide care for up to 40 dogs and 30 cats at any one time. Each stray dog receives the environment, food, veterinary care, and individual attention required to help them feel secure in the kennel environment. Each dog is assessed by experienced rehoming kennel staff and their goal is to ensure the right home is found for every animal. The contractor also provides on-going guidance and practical help to those who have rehomed stray dogs. The kennelling contract ends on 31 March 2024.
It is worth noting that dog fouling is usually enforced by colleagues in the Streetscene Service and is controlled by the Council’s public space protection order (PSPO) which is intended to prevent individuals or groups of people committing anti-social behaviour
in public spaces. Breaching a PSPO is a criminal offence. Authorised officers of the authority can issue fixed penalty notices up to £100. The case may be taken to court where there will be a maximum penalty of £1000. Several pieces of legislation control dangerous/out of control dogs; on a lead is deemed to be under control. Dogs dangerously out of control, means there are grounds to believe the dog will injure someone, this allows action to be taken against the owner or a person temporarily in control of the dog. An aggravated offence is
committed if the dog injures someone and this would be dealt with by the Police. The Local Authority deals with most dog on dog attacks.
In addition, the Dangerous Dogs Act 1991 prohibits the breeding, sale, exchange, offering as gifts or importation of prescribed dogs e.g. Pit Bull Terriers. No one is able to have in their possession a prescribed dog unless issued with an exemption certificate. This part of the act would be enforced by the Police.