Source · Prevention of Future Deaths

Jade Anderson

Ref: 2014-0530 Date: 5 Dec 2014 Coroner: Alan Walsh Responses identified: 1 / 1 View PDF

Concerns relate to inadequate dog management practices in a confined living space and fragmented, ineffective legislation on dog control that focuses on breed over behavior rather than public safety.

Date 5 Dec 2014
56-day deadline 30 Jan 2015 est.
Responses identified 1 of 1
Other related deaths

Coroner's concerns

AI summary
Concerns relate to inadequate dog management practices in a confined living space and fragmented, ineffective legislation on dog control that focuses on breed over behavior rather than public safety.
View full coroner's concerns
1, During the Inquest evidence was heard that Jade died when she was attacked by more than one dog, who were out of control at the time of the attack: It is likely that the attack occurred when Jade went into the kitchen and the evidence indicated that she may have gone into the kitchen to answer mobile telephone which had been left in the kitchen and which was known to have received a call at or about the time of the attack: An inspection of the premises at revealed sign to the left of the front door 'Beware of the Dog Enter at our own Risk' . The premises were small and housed two adults, five cat and parrot: The dogs of the type and number described raised concerns with regard to potential problems in relation to interaction and dominance issues in a confined area: There was no evidence of dog toys or purpose made beds to keep the dogs occupied and provide enrichment for them and there was no evidence of ay dog collars or leads within the premises. There was no evidence that the dogs were given regular exercise or went out of the premises, other than to roam in the confined space f the rear garden:
iii. In the past four years the number of bite incidents that required hospital treatment has risen by 26% and the number of convictions for possessing prohibited dog types (three types) has risen by 146% whilst the number of convictions for not keeping dogs under control rose by 5%, which indicates that the approach set out in current Legislation is not working and continues to public safety and animal welfare at risk: iv The Legislation on dog control is scattered amongst many different pieces of Legislation and this does not include range of secondary iegislation. The main pieces of Legislation are within more than 10 statutes commencing with the Metropolitan Police Act 1839 and culminating in the Anti-Social Behaviour , Crime and Policing Act 2014, which comes into force in England and Wales in 2014. The provisions of the Anti-Social Behaviour, Crime and Policing 2014 were welcomed during the evidence but the evidence was that the recent Legislation did not go far enough to address the problem of the control of dogs, which had led to an increase in dog bite incidents. The evidence indicated that only consolidated and updated dogs, dog dog dog put May Act

Legislation would ensure that the public; owners of dogs and enforcers of the Legislation have clear understanding of what is expected and what powers can be used_ The current Legislation provides for controls over the possession of four types of dogs and the Legislation is breed specific by reference to the type of dog rather than the behaviour of a dog: The evidence was that the behaviour of a dog is more important than the breed The Legislation is supported by a considerable amount of case law determining aspects of different pieces of Legislation, which often results in confusion amongst law enforcement practitioners (for example, wardens, police officers and other agencies) in selecting the best piece of Legislation to use leading to a lack of effective and consistent enforcement throughout England and Wales_ This has often resulted in confusion amongst the public in terms of what is expected of them as responsible dog owners, as well as which agency should receive complaint; An update and consolidation of control Legislation based upon up-to-date scientific understanding of dog behaviour and in particular aggression, which is not based upon a breed specific approach would assist front-line practitioners in relation to the control of dogs and the enforcement of Legislation SO that the number of serious incidents could be reduced and prevented: The evidence indicated that Legislation should not be based upon breed specific approach and instead focus on the behaviour of the and the owner person responsible for the Furthermore it should allow for significantly earlier intervention SO that serious incidents could be prevented.
vi. The Legislation tends to be reactive rather than proactive so it is difficult to prevent serious incidents from occurring: The evidence indicated that if the Legislation was proactive enforcement would be available at an early stage prior to incidents having occurred and would lead to the prevention of serious incidents_ vii: The key aspect that is missing from the current approach to tackling dog bites is educational awareness about staying safe around The RSPCA is currently developing an education package for schools, families and others that provide simple and clear information about dog behaviour and in particular the signals dogs can give when they are stressed or uncomfortable in situation to review the above issues;

Responses

1 respondent
Department for Enviroment Food and Rural Affairs Central Government
2 Feb 2015 PDF
Action Taken

The government extended the Dangerous Dogs Act 1991 to cover all places, including the owner's property, and increased penalties for fatal and non-fatal attacks. Compulsory microchipping of dogs will be introduced in April 2016. (AI summary)

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---------------- ,. Department for Environment Nobel House Food & Rural Affairs 17 Smith Square London SW1 P 3JR Mr AP Walsh RIEC!ellV!ED 02 FEB 2015

helpline@defra.gsi.gov.uk

HM Area Coroner

Paderborn House

Howell Croft North Bolton BL 1 1 QY lg January 2015 From Lord de Mauley Parliamentary Under Secretary of State for Natural Environment and Science Thank you for your letter of 8 December with which you enclosed a report of the death of Jade Anderson together with your recommendations for action. Let me first say I was deeply saddened to hear of the death of Jade Anderson and the circumstances in which it happened. I have met Jade's mother and step-father and on behalf of the whole of the Government we pass on our condolences to Jade's family and friends for their tragic loss. The Government is serious about tackling irresponsible ownership of dogs which is why we have recently changed the existing law in two important respects. , In May last year we extended the scope of the Dangerous Dogs Act 1991 so that it is now an offence to allow any dog to be dangerously out of control in any place, including inside the dog owner's property. At the same time, we increased the maximum penalty for allowing a dog to be dangerously out of control and it killing someone from 2 years' imprisonment to 14 years; and if the dog injures someone the increase was from 2 years' imprisonment to 5 years. In addition, there is also a separate offence of allowing a dog to attack an assistance dog which attracts a maximum sentence of 3 years' imprisonment. It is important to understand that the Dangerous Dogs Act 1991 is not just about banning certain types of dog. It also makes it an offence to allow any dog of any breed or type to become dangerously out of control. It therefore covers both deed and breed. We have also responded to calls for the law to be more proactive. To this end, we made sure that the new measures to deal with anti-social behaviour, in the Anti-social Behaviour, Crime & Policing Act 2014, could be used to tackle such behaviour when it involves irresponsible ownership of a dog. These new laws mean that police and local authorities now have powers to intervene in cases of low level dog nuisance, before a serious incident occurs - for example, a dog running loose in a park or near a road, a dog that threatens visitors or even a situation where there are too many dogs on a property and it is having a detrimental effect on the quality of life of those in the locality. This means that action can be ,-'I.Al~ V'~ t¥~.t"'" I ) INVESTORS
-:~,,..\._t ~j IN PEOPLE

taken before a dog becomes dangerous. The new powers came into effect on 20 October
2014. To help the police and local authorities use the new measures appropriately, Government produced a comprehensive Practitioner's Manual. You can find the Manual on this link:

practitioners-manual The Manual was drawn up with the cooperation of the practitioners themselves and animal welfare charities and has been widely welcomed. There are a number of scenarios envisaged in the document which help the practitioners deal with a range of specific incidents they might face, including complaints relating to dogs on a property. In addition to the manual there is also a comprehensive training programme for police officers on the new laws on dogs. The police, in particular, are responsible for enforcing the law on dangerous dogs. Despite the law on dangerous dogs being in more than one statute, which is not unusual, the police have specifically trained officers to deal with such complaints - Dog Legislation Officers (DLOs). Nearly all forces have DLOs and where these are not available, they can be obtained from neighbouring forces. Local authorities also have access to dedicated Dog Wardens to deal with stray and displaced dogs. These too are specifically trained to handle dogs and are familiar with the law in this area. I therefore consider that training is already available to enforcers and that consolidation of the legislation on dangerous dogs is not a priority. You also requested the re-introduction of the dog licence. Compliance rates in countries where such a scheme operates currently are not very high - typically around 40% or 50%. Indeed, this was one of the reasons the dog licence was abolished in this country in 1988. A low rate of compliance makes it difficult for a dog licensing scheme to be effective. However, whilst I do not support dog licensing, I do support compulsory microchipping of dogs. Microchipping has clear advantages for both dog and owner in that they can be reunited much quicker if the dog strays or is lost. It provides a permanent link between owner and dog. There will be a link between the available microchip databases to ensure that the owner of a dog can be ascertained quickly. Since we announced compulsory microchipping will be introduced in April 2016 numbers of dogs that are microchipped have risen from around 58% to 70% which shows that owners can see the benefits. Microchipping of dogs will not necessarily prevent dog attacks but it does encourage a level of responsibility in the owner and will achieve some of the desired benefits of a licensing scheme. I also note what you say about education and training of children around dogs. As you point out, there is already good work being carried out by the RSPCA in this area. Similarly, the Dogs Trust, Battersea Dogs & Cats Home and the Kennel Club all provide helpful advice about children and dogs, and we have been able to give them financial support to help them with this work. As the recognised experts in this area, I think the charities are better placed to give this advice to dog owners and keepers, and they are more likely to be heeded than a Government leaflet. We and the charities are also working with the leading websites carrying advertisements for dogs to improve information for owners. Overall, I consider that the actions we have taken recently, and those we are proposing to take, will have a positive impact on instances of irresponsible dog ownership. Thank you once again for your letter and report. ('\ INVESTORS ~_,/ IN PEOPLE

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Report details

Reference
2014-0530
Date of report
5 December 2014
Coroner
Alan Walsh

Responses identified

Responses identified 1 of 1
All listed responses identified

Organisations named in PFD reports are normally expected to respond within 56 days. Deadline: 30 Jan 2015 (estimated).

Sent to

Department for Environment Food and Rural Affairs

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