Dogs and Safeguarding Children

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 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 dogs and the potential 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 a household might pose to children and take action as necessary to protect children from serious injuries which can be inflicted by dogs.

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, or in contact with either a prohibited or dangerous dog or in an environment where the nature or number of dogs could pose a risk; 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 Referrals Procedure.

The abuse of animals can be part of a constellation of intra-familial abuse, which can include maltreatment of children and/or domestic abuse. However, this does not necessarily imply that children who are cruel to animals will 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.

Dogs are not usually aggressive in response to familiar situations, however, it is important to understand that any dog, if pushed far enough, can and will use aggression.

Practitioners should also consider the number and size of dogs in a household and the suitability of the accommodation.

The Dangerous Dogs Act (1991) provides detailed information about the legislation covering certain types of dogs, sets out the responsibilities of the owners and described the actions that can be taken to remove and/or control dogs:

• 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 and a referral made to Children's Social Care regarding the children;
• 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 have carry a higher risk as a result of their specifically bred fighting capabilities such as, powerful neck muscles and athletic confirmation;
• 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 on the grounds that 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.

There are now five “types” of dog that are currently banned/prohibited in the UK, by Section 1 Dangerous Dogs Act 1991:

• Pitt Bull Terrier;
• Japanese Tosa;
• Fila Brasiliero;
• Dogo Argentino;
• XL Bully (as of 31st Dec 2023).

It is a criminal offence to do any of the following with a prohibited dog: Possess (unless exemption certificate), sell, gift, abandon, or breed from, or allow dog to stray. Must be on a lead and muzzled in a public place, including in a vehicle.

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).

When a practitioner from any agency undertakes a home visit and there are both children and dogs or other animals in the household, the practitioner should routinely consider whether the presence of them 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 pet'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. Practitioners should consider the number and size of dogs in the household as part of this risk assessment.

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 and a safeguarding referral should be made immediately if this is suspected.

All children are potentially vulnerable from an attack by a dog but very young children are likely to be at greatest risk.

For example, the little noises and uncoordinated wriggling actions made by babies can remind some dogs of prey, so it is vitally important never to leave dogs unattended with babies, no matter how safe and friendly they might appear to be. Cats can also present a risk by smothering or jumping onto infants.

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 ever left alone with the child?' This applies even if the child is in a cot, bed or seat of some kind. It should be clearly established with parents/care givers that a child should never be left alone with the dog/s. Within the risk assessment, consideration needs to be given to the parents ability/willingness to recognise the risk their dog may pose to the children and to take action.

See also: Section 5, Animal Welfare 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 a prohibited breed or presents a risk to a child, the Police and Children's Social Care should be contacted immediately. Where possible and only if it is safe to do so a photo of the dog should be taken and passed to Police.

Any agency that becomes aware of a dog or dogs that could be prohibited or considered dangerous or a prohibited breed, should collect the following information:

• The dog's name and breed;
• Information about the owner;
• Confirmation that the dog is micro chipped and details of the veterinary practice the dog is registered with;
• 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 Children's Social Care should be made. The referral should include the following information:

• The nature of the injuries;
• The circumstances of the attack / incident;
• Whether the parents or dog owner sought medical advice;
• Whether the dog/s 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 (or dogs) in the household is prohibited or presents a risk to a child, the Police and Children's Social Care should be contacted immediately.

• A referral should also be made where a prohibited and/or dangerous dog/s 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 euthanised 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 Children and dogs: How to keep them happy and safe (PDSA) and The Blue Cross Be Safe with Dogs Leaflet - Guidance for Families.

In more serious cases a strategy discussion and joint section 47 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.'

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 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 the circumstance 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."