Contact your Parish Council
Appendix A: DEFRA Letter
Nobel
House
17 Smith Square
Department for Environment
London Food and Rural Affairs
SW1P 3JR
Telephone: 08459 33 55 77
Web: www.defra.gov.uk
Date: 19 Oct 2007
Dear Colleague
Re: STRAY DOGS
Following
my letters of 16 February and 21 June, I am writing to inform you that an
agreement on funding the commencement of Section 68 of the Clean Neighbourhoods
and Environment Act has been reached removing responsibility for stray dogs,
with the exception of dangerous dogs, from the police and leaving local
authorities in England and Wales with sole responsibility for dealing with
stray dogs from April 2008.
Currently local authorities typically provide stray dog services during ‘office
hours’ including providing a place to which a stray dog can be taken if found
by a member of the public and a collection service where a report of a stray
dog is made to the authority. Outside office hours the police have accepted
stray dogs brought to them. The police do not normally go out and collect stray
dogs that are reported to them, but they are able to do so at their discretion.
Section 68 of the Clean Neighbourhoods and Environment Act will be commenced on
6 April2008. On commencement, all statutory duties for police in relation to
stray dogs will be repealed from existing legislation and local authorities
will be solely responsible at all times for all functions on stray dogs. Local
authorities’ statutory duties on stray dogs are contained at sections 149 and
150 of the Environmental Protection Act 1990, and the Environmental Protection
(Stray Dogs) Regulations 1992. Although the police will still be responsible
for dealing with dangerous dogs they will no longer collect, or accept stray dogs.
Local authorities in England and Wales will be funded a total of £4 million a
year through the Revenue Support Grant. This funding is intended to cover the
additional costs of providing an out of hours service for stray dogs. Daytime
arrangements remain as they have been, and new funding is not being provided
for a daytime service.
As has been the case until now, during office hours, local authorities will be
expected to collect dogs that are reported to them and accept any that are
brought to them. Outside office hours local authorities will be expected, where
practicable, to provide a place to which a stray dog can be taken and accepted
into local authority care. That place does not have to be to a local authority
managed kennels; it could be to kennels operated by a commercial or charitable
interest.
Local authorities will be expected to provide a cost effective service, which
might make use of third party kennels to accept stray dogs, on behalf of the
local authority, outside office hours. Many local authorities already make use
of third party kennels as the most cost effective provider of kennels and care
for stray dogs. We are aware that, some authorities, at their discretion, have
already made arrangements in this way for out of hour’s stray dogs.
There will be no expectation on local authorities to provide a search and
collection service for stray dogs outside office hours. This has not been a
service typically offered by the police, and there is no expectation that one should
be introduced. The funding in the Revenue Support Grant is not intended to
cover an out of hour’s collection service.
Government will write nearer the time to remind you of the change. The
additional funding provided also covers the administrative costs for local
authorities to provide us with information so that we may monitor the out of
hours arrangements. We will write with details of information that we will
require local authorities to provide but from 6 April 2008, we would expect you
to collect information relating to the total number of dogs accepted out of
hours, the total number of days that those dogs have been kept in kennels, the
number returned to their owners and the number that were rehomed or, by
necessity, put down.
Guidance for local authorities and interested parties is attached to this
letter, and explains what is expected of local authorities from April 2008.
If, on reading the guidance, you have any queries, please e-mail
local.environment@defra.gsi.gov.uk
This letter is being copied to Chief Police Officers in England and Wales.
Yours sincerely
Rory Wallace
Head, Local Environmental Quality Team
Local Environment Protection
Email: rory.wallace@defra.gsi.gov.uk
Web: www.defra.gov.uklenvironmentllocalenv/index.htm
Appendix B: Stray Dogs Guidance
Stray
Dogs Guidance
Contents
Introduction
.. 2
Part 1 — Discharging the duty 4
Responsible body 4
Appointment of an officer 4
Seizure of stray dogs 4
Identifying the owner 5
Identifying the owners of prohibited dogs 5
Return of seized dogs to their owners 6
Accepting strays found by other persons 6
Finders that request to keep a stray dog 7
Register of detained dogs 8
Detention of stray dogs 8
Disposal of stray dogs 9
Records Keeping 10
Part 2— Ancillary issues 11
Lost, stolen and abandoned dogs 11
Dead dogs 11
Education 11
Neutering 11
Microchipping 11
Training 12
Partnership working 12
Other sources of general information 12
1
Introduction
This
guidance covers the expectations of the legal duties that rest with local
authorities in England and Wales with respect to stray dogs, including the
Environmental Protection Act 1990 (the 1990 Act) and the
Environmental Protection (Stray Dogs) Regulations 1992 (the 1992
Regulations), the Control of Dogs Order 1992 (the 1992 Order) and
other matters related to the control of dogs.
2. This guidance includes references to animal welfare conditions as set out in
section 9 of the Animal Welfare Act 2006 (which imposes a statutory duty of
care on all owners and keepers to provide for the welfare needs of their
animals — “a duty of care”) and the kenneling standards published by the
Chartered Institute of Environmental Health, entitled Model Licence Conditions
and Guidance for Dog Boarding Establishments.
3. It is intended that this guidance is considered alongside the legislation.
It has been prepared for local authorities, including other persons contracted
to work on their behalf, and other organisations or people working in
partnership with local authorities in connection with the collection, or
detainment of stray dogs.
4. Section 68 of the Clean Neighbourhoods and Environment Act 2005 will be
commenced on 6 April 2008. It removes from legislation references to the police
seizing stray dogs and the duty to accept any brought to them. In order to
inform the public about the arrangements for stray dogs the police are expected
to advertise in police stations any information given to them by local authorities
such as locations where strays may be taken and any phone numbers for officers
or information, with particular reference to out of office hours contact and
the cover provided.
5. This means that from April 2008 local authorities will be solely responsible
for discharging stray dog functions. In short, the minimum requirement of the
extended duty is that where practicable local authorities provide a place to
which dogs can be taken outside normal office hours (referred to in this
guidance as an ‘acceptance point’). Local authorities are not expected to
provide a round-the-clock call out service. It is possible that the public will
continue to contact the police in relation to stray dogs. Authorities are
therefore strongly recommended to supply their local police stations with
relevant details such as phone numbers and addresses of acceptance points,
especially those that operate outside office hours. It is strongly advised that
posters detailing new provisions should be placed at any collection point no
longer used to accept stray dogs in the area, and all other places that are
relevant to changes in provision.
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6. The police retain duties
with regard to dealing with dangerous dogs and dogs found to be worrying
livestock. Authorities and the police should maintain a working relationship so
that such issues can be dealt with effectively.
7. An extra £4 million a year is included in the revenue support grant
to fund the local authority costs of the extended duty in England and Wales.
8. This guidance comprises two parts. Part 1 sets out what is required by
authorities, and any third parties (e.g. contractors such as private kennels),
when discharging their duty. Part 2 covers ancillary issues including
partnership working, training, contracts and other sources of general
information.
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Part 1 — Discharging the duty
Responsible body
9. Sections 149 and 150 of the 1990 Act provide the duty for local authorities
to collect and detain stray dogs. The local authorities responsible for
discharging the functions of the 1990 Act are defined in section 149(11), in
relation to England and Wales, as district councils, London Borough Councils,
the Common Council of the City of London and the Council of the Isles of
Scilly.
Appointment of an officer
10. Under section 149(1), local authorities must a5point an officer for the
purpose of discharging their stray dog functions. Whilst these functions can be
delegated to other persons under section 149(2), the appointed officer retains
overall responsibility for ensuring that the authority’s stray dog functions
are discharged correctly.
11. Authorities may find it practical to appoint a senior officer under section
149(1), but to delegate the day to day responsibilities to dog wardens or other
persons such as a contractor. If responsibility is delegated the officer should
ensure they have appropriate training and skills. For the purposes of this
guidance, the term “officer” means an officer appointed under section 149(1) or
a person to whom functions are delegated under section 149(2).
Seizure of stray dogs
12. There is no statutory definition of a stray dog. However, any dog found in
a public place, or private place where it should not be, which appears to be
without its owner and not under the control of its owner or a person
representing them, may be seized and detained as a stray dog by an appropriate
person.
13. Where an officer finds in a public place a dog he believes to be stray, he
shall (where practicable) seize and detain the dog. However if the dog is on
land or premises which is not a public place, the officer must first gain the
permission of the owner or occupier of the land or premises. Section 149(11)
defines “public place” in England and Wales as any highway and any other place
to which the public are entitled or permitted to have access.
14. Authorities must publicise the phone numbers of relevant offibers so that
the public can report stray dogs. Authorities are advised to publicise such
phone numbers as widely as possible including on their website and at local
police stations.
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15. Authorities are not
required to offer a night-time call-out service to seize and detain stray dogs
seen or found by the public. However, contact numbers for out of hours cover
should be widely publicised to enable ‘finders’ to take a dog to an acceptance
point. As a minimum this should include websites, police and authority offices
and acceptance points (past and present).
16. The responsibility for functions can be delegated to third parties.
Authorities are expected to provide the most cost effective service possible.
Identifying the owner
17. The Control of Dogs Order 1992 provides that dogs must wear a collar and
tag giving the name and address.of the owner when in a public place. In most
cases, it is expected that this will enable the owner to be identified with
relative ease. Failure to comply with this direction is an offence under Animal
Health Act 1981 and such dogs may be seized, even if a person is in charge of
such a dog. Moreover, the 1992 Order places a duty on local authorities to
enforce the requirement for dogs to wear a collar and tag in a public place.
The officer is therefore recommended to keep careful notes of such incidents
for evidence in legal cases.
18. Due to the prevalence of permanent identification methods, such as micro-
chipping and tattooing, local authorities are advised tote adequately equipped
to identity micro-chipped or tattooed dogs and that dogs are scanned at the
earliest possible opportunity. Scanners/ readers employed by authorities should
be compatible with as wide a range of formats as possible. In respect of
tattooed dogs officers can contact the National Dog Tattoo Registerfor
registered owners’ details. It is also advisable that scanners can be accessed
by waste management teams and where practicable direction is given on checking
dead dogs removed for identification.
Identifying the owners of prohibited type dogs
19. The ownership of four types of dog is prohibited under section 1 of the
Dangerous Dogs Act 1991 (as amended 1997). The dogs covered by the ban are of
the type known as either: the Pit Bull Terrier, the Japanese Tosa, the Dogo
Argentino or the Fila Braziliero. Such breeds can be difficult to identify and
therefore it is recommended that all officers have access to the guidance on
identifying these types of dog which can be found at www.defra.gov.uk/animalh/welfare/domestic/ddopsleaflet.pdf
20. Ownership of the above types of dog is permitted only where the dog is
registered on the Index of Exempted Dogs and it is kept in compliance with the
requirements of the Index. Exempted dogs have to be neutered, tattooed, and
microchipped, and have to be on a lead and muzzled at all
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times when in a public
place. Owners also have to maintain insurance against their dogs injuring third
parties. It is an offence under the 1991 Act to allow an exempted dog to stray.
21. Where officers suspect and/or identity a prohibited type of dog which is on
the Index (by either a tattoo and/or microchip) they can, if necessary, contact
the Index of Exempted Dogs to help identify the owner of the dog. The Index can
be contacted on 07000 783651. In addition officers will need to contact the
local police force who wil[ want to consider what further actions are necessary
against the owner under the Dangerous Dogs Act.
22. Where officers identify a prohibited type of dog which is not on the Index
of Exempted Dogs (i.e. is not microchipped and tattooed) they will need to
contact the local police force who will want to consider what action is
necessary under the Dangerous Dogs Act.
Return of seized dogs to their owners
23. Where officers can identify the dog owner they must, under section
149(4) of the 1990 Act, serve notice on the owner or person whose address is
given on the collar. Such a notice must state:
• that the dog has been seized;
- • where it is being kept; and
• that it will be disposed of unless it is claimed within seven clear days
after the service of the notice and the full amount liabLe under subsection
149(5) is paid.
24. Under section 149(5), the authority may charge the owner all expenses
incurred during the dog’s detention plus a further prescribed amount. The
expenss should be calculated as the per day kennel cost plus any costs involved
in detaining the dog. Authorities should also include any charges incurred in
respect of injured dogs that receive treatment. The additional amount is
prescribed in the 1992 Regulations as £25. Any such monies received should be
used to discharge ongoing stray dog functions.
25. An authority is wfthin its rights to detain the dog until the owner has
paid the full amount.
Accepting strays found by other persons
26. Section 150 provides the duty for any finder of a stray dog to return
the dog
to its owner (if owner can be identified) or take the dog to the local
authority
for the area in which the dog was found. The authority must treat such a
dog as though it had been seized by an officer under section 149.
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27. Authorities must, where
practicable, provide at least one acceptance point to which dogs can be taken
round the clock. In practice, authorities may have one acceptance point during
normal office hours such as council offices and another in use outside office
hours such as third party kennels, or to make use of third party kennels at all
times. The authority must publicise as widely as possible, including on its
website, the place(s) to which strays can be taken, the hours of operation and
the phone number of the reception staff at the place where they may take stray
dogs.
28. It is possible that finders of stray dogs may continue, to take them to
police stations, where dogs are no longer accepted. The police are not required
to take the stray dog and to enable the finder to take the dog to the correct
location, officers must therefore ensure that the details of the authority’s
dog reception centre(s) and hours of operation, and any relevant telephone
numbers, are given to every police station in the area of the authority.
Finders that request to keep a stray dog
29. Any person who finds and takes a stray dog to the local authority can
request to keep the dog under section 150(2) of the 1990 Act. The Regulations
specify that if the finder requests to keep the dog he must give his name and
address to the officer. The officer must make reasonable attempts to contact
the owner to give him reasonable opportunity to collect the dog.
30. The Regulations a!so require the officer to determine whether the finder is
a suitable person to keep the, dog. Thp officer must inform the finder verbally
and in writing that he is obliged to keep the dog (if unclaimed by the owner) for
at least one month and that failure to comply with that obligation is a
criminal offence. The maximum penalty on summary conviction is level 2 on the
standard scale.
31. The Act does not purport to deal with the civil law on ownership in this
context. The Finder has a duty to keep the dog for 28 days after taking
possession of it, however they do not become the legal owner of the dog. The
officer should make clear to the finder that if a person claiming to be the
rightful owner of the dog — and can. prove it — requests the return of the dog,
then the tinder may have to relinquish his custodianship. Disputes over
ownership would be subject to the usual civil common law principles governing
possession and title. Relinquishment might be required at any time and would
not be governed by section 150(3) — the intention of which is simply to prevent
a finder abandoning or turning the dog loose to become stray again.
32. An authority is entitled to sell or give a dog to a person or other party
if the original owner has not reclaimed the dog. However, the iritension is not
that
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the recipient (where not
the original owner) is charged the prescribed amounts before a dog is released.
Register of detained dogs
33. Under section 149(8) the officer must keep a register of dogsseized or
brought to the authority and those in the possession of ‘finders’. Details of
newly detained dogs should be added to the register at the earliest possible
opportunity. Breed Posters and colour charts are a useful guide in identifying
dogs. The particulars that must be recorded in the register are prescribed in
the Regulations as:
• a brief description of dog, including breed (if known), colour and any
distinctive characteristics or markings, tattoos or scars;
• any information contained on collar/tag, or otherwise carried by the dog,
this would include micro-chipping;
• date, time and place of the seizure;
• if a notice is served on the owner, details of when/where served.
34. Where the officer disposes of a dog the register must record the date of
disposal; method of disposal; the name and address of purchaser and price (if
sold), person to whom the dog was gifted or person effecting the destrUction.
Where the dog is returned to a person claiming to be the owner, the register
must record the name and address of that person and the date of return.
35. The register must be made available for inspection by the public free of
charge at all reasonable times. Authorities may apply a charge for providing a
copy ot all or part of the register.
Detention of stray dogs
36. Authorities must make provision to house stray dogs they seize and those
brought in by other persons. Authorities will need to ensure that there are
appropriate arrangements for receiving and dealing with stray dogs found or
reported out of usual officer hours. Also see section on acceptance of dogs
found by others. This can be done through third-party kennels.
37. Kennel facilities should comply with the standards specified by the
Chartered Institute of Environmental Health. They also need to comply with
their general duty of care under the Animal Welfare Act 2006.
38. The authority must detain for seven days any dogs seized or brought to
them. The seven day period should commence from either the day of the seizure
or the day in which the notice was served under section 149(4); whichever is
the later. Under section 149(9) the officer has a duty to
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properly feed and maintain
any stray dog in his custody under section 9 of the Animal Welfare Act that
specifies that an animals basic welfare needs must be provided for by the carer
a that animal.
39. Authorities are expected to treat any dogs that are injured or require
treatment to keep them alive, unless the costs of doing so are excessive or if
the dog’s condition is such that it would be more humane to provide euthanasia.
In order to minimise costs it is recommended that authorities come to a formal
arrangement with local veterinary surgeons. It is recommended to authorities
that they consider making contractual provision for such arrangements; these
should include details on emergency treatment they will fund. Authorities
should also agree a protocol with third parties such as dog welfare
organisations in respect of treatment of dogs they take charge of; to state
explicitly the extent of the veterinary treatments the local authority will
fund.
40. An officer may have a dog destroyed before the 7 day period has elapsed if
he is of the view that it must be done to avoid suffering. But officers must
consult with a veterinary surgeon prior to making such a decision, and the
euthanasia should only be effected by a veterinary surgeon except in cases
where the animal is in considerable pain or distress where an officer should
take action immediately.
Disposal of stray dogs
41. If a stray has not been collected by its owner after seven days, the
officer may under section 149(6) dispose of the dog:
• by selling it or giving it to a person who will in his opinion care properly for
the dog;
• by selling it or giving it to an establishment for the reception of stray
dogs; or
• by euthanizing it in a manner to cause as little pain and suffering as
possible.
42. No dog may be disposed of for the purposes of vivisection.
43. Euthanasia should only be considered after all other avenues have been
explored to save the dog by re-homing. It should be noted that banned breeds
cannot be re-homed. Euthanasia must only be effected by a veterinary surgeon
and in a manner causing as little pain and suffering to the dog as possible.
44. Where a dog is disposed of under section 149(6)(a) or (b) to a person
acting in good faith, officers will need to satisfy themselves of the
suitability of such persons or establishments. Under section 149(7) the
ownership of
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the dog is vested in the
recipient and this provision also protects anyone who has acquired the dog in
good faith. It should be noted that this situation is different to that of a
finder who elects to keep the dog under section
150(2).
Records Keeping
45. Authorities and their agents are required to keep recprds of stray dogs as
set out at sections 149 and 150 on the 1990 Act, and in the 1992 Regulations.
The register shall be available, at all reasonable times, for inspection by the
public free of charge. In addition, upon commencement of Section 68 of the
Clean Neighbourhood and Environment Act 2005, Government expects authorities to
be able to furnish it with statistics on the total number of dogs accepted out
of hours, the total number of days dogs accepted out of hours that have been
kept in kennels, the number of those dogs returned to their owner and the
number that by necessity were put down.
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Part 2— Ancillary issues
Lost, stolen and abandoned dogs
46.
Authorities will be aware of the intrinsic link between lost, stolen and stray
dogs, but should note the distinction between reporting lost property and
reporting a stray. Whilst the local authority is responsible for strays, the
police are responsible for recording reported lost property, including dogs,
and also dog theft, which is a criminal offence. Local authority officers will
record details of any reported stray dog, but they should also advise owners of
lost or stolen dogs to file a report with the police. With respect to abandoned
dogs, kennels or welfare organisations should be contacted to see if they could
rehome the dog.
Dead dogs
47. In the event that officers find a dead dog they should make every attempt
to establish the identity of the dog and its owner and, where appropriate, give
the owner the opportunity to collect the dog. If practicable dead dogs should
be scanned to identify the owner.
Education
48. Education is a key element in reducing the number of stray dogs and
dangerous dogs and protecting the welfare of animals. It is therefore important
that officers consider the most effective methods for how they can promote and
raise the profile of responsible dog ownership within their area. This may
include visits to national/local dog welfare or dog owning organisations,
kennels and schools in their area. Officers should publish any information
on responsible dog ownership on their website.
Neutering
49. Authorities should consider whether there is a need to offer subsidised
or free neutering; particularly authorities with high numbers of stray dogs in
their area. Many dog welfare organisations, charities and kennels offer free or
subsidised neutering, so authorities are advised to contact any such
organisations in their area to establish whether they can come to a local
agreement.
Microchipping
50. The onus of ensuring dogs are permanently identified is with the owner
themselves, but as a tool for reducing the number of strays authorities
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should consider the
benefits of offering discounted or free micro-chipping, perhaps in conjunction
with local dog kennels or welfare organisations.
Training
51. Authorities are strongly advised to ensure that anyone involved in
discharging their stray dog duty is adequately trained to do so. Training
should be provided by a reputable and accredited trainer.
Partnership working
52. For authorities with minimum budgets developing a partnership approach with
local kennels and welfare organisations will be key to addressing problems with
stray dog in the locality, particularly in areas with high numbers of strays.
Authorities should seek to develop protocols with any bodies that play a role
in dealing with stray dogs. Authorities should explore the benefits of working
with other local authorities in the area; authorities in Hampshire have
established such a partnership. Contracts should be reviewed regularly to
ensure service delivery is of a consistently high standard and that tendering
is competitive.
53. Authorities are expected to provide a cost effective service, which can
often be delivered through appropriate use of third-party kennels. Tasks can be
delegated to other parties, however it should be noted that overall
responsibility rests with the officer appointed at section 149 of the 1990 Act.
54. It is at the discretion of the local authority whether council owned
kennels or private councils under contract are used to fulfil this duty,
however they are expected to comply with the Chartered Institute of
Environmental Health’s Standards.
Other sources of general information
About the Animal Health and Welfare from Defra, including the Animal Welfare
Act 2007, prohibited animals and the duty of care:
http://www.defra.gov.uk/animalh/index.htm
http://www.defra.gov.uklanimalh/welfare/domestic/ddogsleaflet.pdf
httrx//www.defra.gov.uk/animalh/welfare/actlaffect.htm#2
Chartered Institute of Environmental Health:
www.cieh.org
Dogs Trust:
www.dogstrust.org
Kennel Club:
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www.the-kennel-dub.org.uk
Royal Society for the Prevention of Cruelty to Animals www.rspca.org
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