Dangerous Dogs and Safeguarding Children

1. Introduction and Definition

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 recent years a number of children and adults have been seriously injured or have died from attacks by dogs, and it is important therefore that practitioners 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 to understand how to assess any risks which dogs in then 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 issues to be considered when making a referral in line with the Recognising Abuse and Neglect Procedure, Making a Referral.

The abuse of animals can be part of a constellation of intra-familial abuse, which can include maltreatment of children and domestic 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.

2. Legislation Relating to Dangerous Dogs

The Dangerous Dogs Act (1991) was amended in 1997 and was introduced after a spate of dog attacks. It provides detailed information about the legislation covering certain breeds and types of dogs, sets out the responsibilities of the owners and describes the actions that can be taken to remove and/or control dogs.

The Act states that five breed types (Pit Bull Terrier, Japanese Tosa, Dogo Argentino, the Fila Brasileiro and XL Bully) are illegal to own breed, sell, gift, or allow to stray in the UK. It is important to note the word 'type' as this means that any dog that fits most of the characteristics associated with one of the banned breeds can fall within this classification.

Certain dogs are 'prohibited' and if any agency has any knowledge or report of a dog of this type, the matter should be reported to the Police immediately;
Any dog can be 'dangerous' (as defined by the Act) if it has already been known to inflict or threaten injury;
Injuries inflicted by certain types of dog are likely to be especially serious and damaging. Strong, powerful dogs such as Pit Bull Types will often use their back jaws (as opposed to 'nipping') and powerful neck muscles to shake their victims violently as they grasp;
When reports of 'prohibited' dogs and known or potentially dangerous dogs are linked to the presence of children, all agencies should be alert to the possible risks to children and potential consequences.

Part 7. of the Anti-social Behaviour, Crime and Policing Act 2014 strengthens powers to tackle irresponsible dog ownership by extending the offence of owning or being in charge of a dog that is dangerously out of control in a public place to also cover private places. It also provides that a dog attack on an assistance dog constitutes an aggravated offence.

Part 7. also ensures that the courts can take account of the character of the owner of the dog, as well as of the dog itself, when assessing whether a dog should be destroyed because it is a risk to the public.

The Home Office Crime Classification 8/21 is amended to: ''Owner or person in charge allowing a dog to be dangerously out of control in any place in England or Wales (whether or not in a public place) injuring any person or assistance dog.'' Section 3 (1) Dangerous Dogs Act 1991 as amended by Section 106 Anti-Social Behaviour Crime and Policing Act 2014.

The Dangerous Dogs (Designated Types) (England and Wales) Order 2023 added the XL Bully to the Dogs bred for fighting section of the Dangerous Dogs Act 1991 – see the Ban on XL Bully dogs Guidance (GOV.UK).

It’s a criminal offence to own or possess an XL Bully dog in England and Wales unless you have a valid Certificate of Exemption.

It’s also an offence to:

Sell a XL Bully dog;
Abandon a XL Bully dog or let it stray;
Give away a XL Bully dog;
Breed or breed from a XL Bully dog;
Have a XL Bully in public without a lead and muzzle.

If you are concerned consider the following:

Refer to Ban on XL Bully dogs Guidance (GOV.UK).
It’s a criminal offence to own or possess a XL Bully dog in England and Wales unless the dog owner has a valid Certificate of Exemption;
Risk assess all aspects of the situation and discuss concerns and potential action which needs to be taken with your line manager and Safeguarding Lead;
Refer to the relevant children’s services Level of Need Guidance to assess if the child/ren or young person is at risk of significant harm or has suffered significant harm and follow your relevant safeguarding and child protection procedures;
Complete safety planning for the child and family and agree with your line manager and lead for safeguarding and inform other professionals involved;
Follow your organisational policies and procedures which may include home visits and lone working.
As with any safeguarding and child protection concern, it is crucial they are considered alongside the relevant Level of Need Guidance to determine the action you and your organisation should take e.g. below are a few Level 4 descriptors to consider if you are in a situation or working with a family where you have concerns about dangerous dogs or banned breeds such as XL Bully. They are not exhaustive but should be considered alongside your professional curiosity/judgement and any risk assessments you undertake in relation to the context of the families circumstances;
Social, Emotional, Behavioural, Identity - Puts self or others in danger (may be relevant to a young person who is asked or coerced to take a dangerous dog out into the community or is given temporary responsibility to care for the dog);
Social Integration & Community Resources – Family own banned dog breed;
Parents or Carers Capacity, Basic Care, Safety & Protection - Parent or carer is unable to judge dangerous situations;
Guidance Boundaries and Stimulation- Lack of appropriate supervision.

3. 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 to 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 bodies exposed. The advice from the RSPCA is that dogs should not be left alone with young children (see Keeping children safe around dogs).

The Dog and the Child: Family Context

When you visit a family that has a dog you need to consider whether or not the dog poses any threat to the child’s health, development or safety.

All children are potentially vulnerable from attack(s) from dog(s);
Young and very small children are likely to be at greatest risk;
A young child may be unaware and unprepared for the potential dangers they could face;
A young child may less able to protect themselves and more likely to be of a size that leaves especially vulnerable parts of their body exposed to any ‘assault’;
Is it a large dog in a small home;
Is the dog left alone with the child;
How much money is spent on the dog compared to the child;
If you consider a dog is a serious risk to a child you should contact the police immediately.

Owners and Families (including extended family and temporary carers)

Many commentators will insist that ‘the owner, not the dog’ is the problem;
There will be occasions when even the ‘best’ of owners fails to anticipate or prevent their dog’s behaviour;
The care, control and context of a dog’s environment will undoubtedly impact on their behaviour and potential risks;
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 are likely to present more risks than genuine pets;
Some dogs are kept as a status symbol and can be part of the criteria of belonging to a gang.

Owners:

Owners linked to criminal activity, anti-social behaviour, drugs or violence may have reason to encourage aggressive behaviour from dogs;
Owners with interests and histories in crime, violence, drugs or anti-social behaviour are unlikely to appreciate or prevent the possible risks their dog(s) present to children.

Families characterised by high levels of aggression and domestic tensions:

Are more likely to trigger excitement and possible attacks by dogs;
Are less likely to appreciate and anticipate risks;
May be less likely to take necessary precautions;
May be less likely to guarantee the safety of the most vulnerable youngsters;
Very young, small children living in chaotic or dysfunctional families are likely to be especially vulnerable.

Prohibited, dangerous, powerful dogs are likely to inflict the most serious injuries.

Practitioner Guidance

Any agency aware of a dog that could be prohibited or considered dangerous should collect as much information as possible:

The dog’s name and breed;
The owner’s details;
Clear discussions with the owner regarding planned management of the dog where there are children in the household or wider family.
Where the agency/individual is unsure; advice should be sought from Police colleagues.

Risk Factors: Dangerous Dogs

Is the dog’s owner usually present?
Is the dog exercised outside the property?
Does the dog have off lead exercise? Does the dog live in a yard/garden?
Does the dog destroy/chew things?
Has the dog ever been involved in a biting incident with another dog?
Has the dog ever bitten a person?
Was the dog chosen for its breed or its temperament?
Does the owner have any previous convictions?
What size is the dog?
Is the dog fed from human plates at mealtimes?

Any agency:

Aware of an injury to a child caused by a dog;
Or treating an injury to a child caused by a dog;
Should establish precisely when and how the injuries were caused;
If and when there is any history of previous, similar injuries.

Consideration should be given to whether the injuries caused are “non accidental injuries”.

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 Social Care should be contacted immediately.

4. Referral to Children’s Social Care

A referral should be considered if any of the following criteria apply:-

The child injured is under two years of age;
The child is under five years of age and injuries have required medical treatment;
The child is over five years and under 16 and has been injured more than once by the same dog;
The child is between five years and 18 years and the injuries are significant;
The child/young person is under 16 years of age, injuries have required medical treatment and initial information suggests the dog responsible could be prohibited and/or dangerous;
A prohibited and/or dangerous dog is reported and/or treated, and is believed to be living with and/or frequently associated with children under five years.

Some referrals might be logged ‘for information’ only if there is very clearly no significant or continued risk to the child, or other children (for example, if the dog has already been ‘put down’ or removed).

Some referrals might prompt information on dogs and safe care of children 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.

More serious cases might prompt further and more formal discussions with other agencies including Strategy meetings:

Home visits to complete fuller assessments and to inform judgements on parenting and the care and control of dog(s);
Advice might be sought from a vet 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”.

If agencies cannot be satisfied that any further risks will be addressed, they should consider all statutory options open to them to protect the child or remove the dog(s).

5. Significant Issues

The RSPCA offer the following advice to all practitioners 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 points relate to Section 9 of the Animal Welfare Act, 2006 which imposes a duty of care on a person who is permanently or temporarily responsible for an animal. This duty of care requires that reasonable steps in all circumstances are taken to ensure that the welfare needs of an animal are met to the extent required by good practice. 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."