Solicitor Rhianna Tsiattalou comments on a recent Dangerous Dogs Act case involving a child, and argues that proactive education and training are essential to ensure that dog owners are aware of their legal responsibilities.
Rhianna’s comments were published in The Sun, 8 June 2025, and can be found here.
“Cases involving dangerous dogs – particularly where children are harmed are profoundly tragic, and the law must tread a careful line between protecting the public and ensuring fairness in the application of justice.
“This case falls within the remit of the Dangerous Dogs Act 1991, which makes it a criminal offence to own or be in charge of a dog that is ‘dangerously out of control’ in any place. This includes private property. Where such an incident results in serious injury, harsh penalties can be imposed, including jail time. If a child is involved, courts treat the matter with particular gravity.
“S3 (1A) and (1B) of the Dangerous Dogs Act provides an exemption from prosecution for householders in instances where their dog has been dangerously out of control with respect to trespassers in their home. However this does not apply to dog attacks on trespassers in gardens, driveways or outbuildings. The Anti-social Behaviour, Crime & Policing Bill, Fact Sheet: Dangerous Dogs (part 7) makes clear that this is intended to differentiate between innocently intentioned trespassers or trespassers in or entering a dwelling that are more likely to have a malign intent.
“Often, individuals unaware of legal responsibilities around dog ownership face the full weight of prosecution only after tragedy occurs. Proactive education and tighter regulation around breeding, containment, and training are therefore essential.
“As lawyers, we frequently see cases where non-dangerous breeds become involved in catastrophic events, often due to a momentary lapse in containment or unpredictable behaviour. In these instances, it is important for cases to be dealt with promptly and without excess delay due to the undesirability of keeping dogs kennelled for long periods of time (as expressed in the Home Office Guidance Circular 29/1998) . Dogs that are seized should be assessed immediately to ascertain whether they truly are a danger to the public.”