Responsible dog ownership summit: report

Other issues / key points aired through contributions raised at the summit, as well as written responses sent to the Scottish Government post-summit.

Issues raised at summit

Improving the welfare of dogs currently held as suspect XL bullies – RSPCA guidance was specifically mentioned, that the Scottish Government may look to adopt.

Some stakeholders pressed for a longer term commitment to replace dangerous dogs legislation with something that is not breed specific and places more responsibility on owners of any breed for injuries or fear caused by their animals to humans or other animals.

Review dog control legislation and enforcement arrangements, possibly exploring the idea of meaningful licensing of dog owners with realistic fees to fund enforcement, FPNs for non-compliance and compulsory owner training/competence requirements before acquiring a dog even if we think these are likely to be politically unacceptable at the present time. A stakeholder advisory group with police, LAs, welfare organisations, SAWC might be the best way to do this but would want to be very clear what the scope is to manage expectations and avoid overlap with numerous other dog welfare issues we are already taking forward (or not due to lack of time/resources) in other ways – theft, commercial dog walkers, puppy imports and sales, licensing canine fertility clinics, microchipping database reform, electronic training devices etc.

Recognise the extreme pressure on local authority resources and sometimes unsafe lone working described by dog wardens as part of wider issues for local authorities in animal health and welfare enforcement that Scottish Animal Welfare Commission will be reporting on.

Christine Grahame MSP

Ms Grahame wants to see NHS Scotland staff record the breed of dog involved in dog bite incidents etc when dog bite victims attend GP Practices and Hospital A&E departments for treatment. At present this level of detail is not recorded.

There is no central database within Scotland or the UK that provides data on dog attacks, broken down by the breed of dog involved.

Data is available from National Records Scotland on deaths from being bitten or struck by a dog in Scotland. Data is also available from Public Health Scotland on the number of inpatient and day case admissions to hospital where a diagnosis of dog attack (bite or strike) was recorded. However data on the breed or type of dogs involved is not recorded.

Ms Grahame also highlighted ongoing concerns about dog attacks in private property.

Written feedback from COSLA – 23 September 2024

You invited further written feedback from partners sitting round the table. Although I have not had an opportunity to take this to elected members, I would like to provide feedback from an officer perspective. This is primarily in relation to the discussion that took place around what could be achievable in the short-term without the need to amend legislation. Many of the conversations were around resource and capacity but I’m not sure that really came across in the final feedback.

From a local authority perspective, the Control of Dogs (Scotland) Act 2010 (“the 2010 Act”) created an entirely new function for Dog Warden services when introduced, without any additional funding or training at the time for Authorised Officers. The 2010 Act imposed a whole new skillset for Dog Wardens who had no previous enforcement experience at all. This created challenges for LAs at that time and the 2010 Act work now takes up the majority of Officers time in many LAs. The new XL Bully Safeguards is leading to a similar dilemma and current challenges in relation to this have still not been resolved. I would be very concerned about any additional asks of LA environmental health and dog warden services if it is not matched with appropriate resourcing, and would therefore hope that there would be work to look at the potential financial/resource implications and requirements.

I appreciate that these are early discussions, but I wanted to stress my concerns on this matter at the earliest opportunity.

Written feedback from The Kennel Club – 27 September 2024

There was one element I wanted to follow up on, in relation to the recommendations of the various breakout groups. Specifically, the recommendation from group 3 in relation to the reintroduction of ‘dog licensing’ – this is a controversial policy area. The Dog Control Coalition (DCC) does not have an agreed position in relation to dog licensing, however The Kennel Club, alongside others, is opposed to the reintroduction of dog licensing.

The strength of the DCC has been unifying the sector around dog control messaging and policy asks, and I don’t want to undermine this by going into detail with regard to our position regarding dog licensing. I think some of the obvious pitfalls of dog licensing including low compliance rates and high costs, were touched upon during the meeting.

I’d rather continue to advance the many, many areas of common ground amongst the DCC which I believe can make significant improvements to dog welfare and dog control, but should licensing be subject to serious consideration by the Sottish Government, we will of course be happy to a more in-depth position and evidence base as to why we don’t think it’s the answer.

Written feedback from Naturewatch Foundation – 30 September 2024

Non-Legislative Quick Wins

Ensuring Compliance with Animal Activities Licensing Registers

Under Regulation 28 of the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 (LAIA), local councils in Scotland are required to publish registers of licensed animal activities on their websites. However, research conducted for Naturewatch Foundation's Dog Breeding Map of the UK, published in June, found that only 20 out of 32 Scottish councils are currently meeting this obligation with regards to dog breeding. A simple action would be for the Scottish Government to remind councils of their legal duty to publish animal activities registers on their website and to outline the necessary information requirements set out in the legislation. If all councils met this requirement, it would provide a crucial tool for the public to verify whether a dog breeder is licensed, thereby supporting more informed puppy purchasing decisions.

Promoting Best Practices to the Public

Discussions around dog welfare often highlight poor practices and what to avoid, but it’s equally important to showcase what responsible, high-standard care looks like. In collaboration with local authorities and animal welfare organisations, we recommend the Scottish Government produce short educational videos demonstrating best practices in licensed sectors like dog boarding and breeding. While care must be taken to avoid the perception of endorsing specific businesses, these videos could serve as practical, informative resources, helping the public make ethical and informed choices when selecting dog-related services.

Legislative Measures

Reviewing the Scope of Dog Breeding Regulations

The LAIA Regulations represent progress in improving dog welfare, but there are significant gaps in their coverage. Currently, licensing applies only to dog breeders who produce three or more litters per year, leaving many breeders, including those keeping only stud dogs, outside the scope of regulation. This loophole allows unscrupulous operators to evade oversight, meaning most breeding dogs lack the welfare protections intended by the regulations. We recommend a review of the regulations to expand their scope and ensure the welfare of more dogs used for breeding.

Introducing a Statutory Code of Practice for Dog Breeding

Dog breeders play a pivotal role in the health and welfare of dogs, with decisions made during breeding and puppy rearing affecting a dog’s well-being for their entire life. To foster a culture of responsible breeding, we recommend introducing a statutory code of practice using powers available under s37 AHWA 2006 that applies to all breeders, including those not currently subject to licensing. This would establish clear standards for anyone involved in dog breeding, promoting better dog welfare outcomes across Scotland.

Regulating Dog Training

We support discussions in the meeting that advocated for the regulation of dog training in Scotland. Introducing a regulatory framework would help standardise the industry, ensuring consistent quality and deterring unethical practices. This would be a significant step toward improving welfare and ensuring that dog owners can trust trainers to provide responsible, humane advice and support.

• Written feedback from The Society of Chief Officers of Environmental Health in Scotland – 1 October 2024

The following are collated comments from members of The Society of Chief Officers of Environmental Health in Scotland.

1. What type of non-legislative action can be taken in short term to deliver ‘quick wins’ /to strengthen dog control and dog welfare in Scotland? - set out what should be the top three priorities to consider post summit?

• Improvements in funding for Local Authorities - due to resource constraints officers are predominantly reactive rather than proactive. Officers are forced to prioritise higher level offences, with further resource educational visits, patrols, appropriate DCN follow ups, and lower level offences could be addressed which in turn should see a reduction in higher level offences.
• Improving COPFS services - dogs that are seized can spend months, or years, in kennels awaiting the case being heard. This has a huge impact on the dogs welfare, it has also led to a reluctance in dogs being seized (due to costs) and therefore dangerous behaviour continuing.
• Further training/resource for Police Scotland surrounding legislations relating to welfare and control. The lack of DLOs (or even understanding of legislations) causes significant issue.
• Something needs to be done in relation to the lack of kennel capacity across the country. Consideration of state run facilities. We have already been advised that our local provider is full. If stray dog is picked up, or we need to kennel a dog we have no facility able to accommodate.
• Road shows in problem area such as parks, public open spaces with support of dog trainers
• The Scottish Government should have a central website giving advice on dog control and dog welfare in Scotland
• The Scottish Government should look to arrange kennel access for Police and LAs for dangerous dogs including XL Bullies.
• The Scottish Government should create a list of all suitable kennels for dangerous dogs including XL Bullies.
• We require adequate Police and Dog Control Officers to deal with the workload/education as dog numbers are increasing but staffing is reducing.
• Dog cases to be dealt with quicker for the welfare of the dog and cost.
• Ensure there are allocated trained officers in Police to deal with dogs as none/very little have an idea of how to deal with dogs. (This has been mentioned by all Local Authorities).
• Clarity regarding which areas of responsibility lie with Police Scotland which lie with Local Authorities and which need dealt with in collaboration; currently there is a lack of an agreed approach. It also appears that there is a lack of agreement /understanding regarding roles and responsibility across the country.
• The other problem with increasing legislation / officialdom in relation to dog ownership is just who exactly would administer and enforce it?
• Council officers may very well be requested to carry out the administration and enforcement of such measures, but this would have a huge burden on the workload of such officers.
• For example, at our group meeting we discussed the fact that the administration of extending licensing or registration to dog walkers is a job in itself.

2. What legislative measures should be considered in the medium to longer term to strengthen dog control and dog welfare in Scotland? – set out what should be the top three priorities to consider post summit ?

• Closing the gap in legislation for breeders that do not meet the 3 litters in 12 months threshold or selling of pets criteria. The purposeful breeding of dogs designed to be used for intimidation purposes is problematic, the banning of a ‘type’ will just see it replaced by another. Equally over breeding in general is problematic seeing rescues being inundated with unwanted dogs/puppies.
• In terms of legislative changes, from my opinion, it’s still difficult to enforce the breeding of three litters in twelve months. It only controls the activity of “a person”. It’s difficult to enforce situations where there are multiple, separate individuals living at the same address, or establishment, who all claim to have two litters each. We find this from individuals living on encampments, or farms or even family members in a house where they each claim to have two litters each. It’s difficult to prove the offence of selling animals as pets without a licence; this appears a poor workaround and instead amendments to the legislation should be considered to cover the breeding of dogs by a business/premises. Alternatively, a compulsory registration scheme for all litters should be considered, accompanied by an appropriate suite of enforcement powers.
• A licence or registration scheme for all dog owners should be considered. The pressure on food banks, PDSA services, rescues/charities, and SSPCA resources is huge due to owners that cannot afford to keep dogs purchasing/obtaining them regardless of this, this has substantial welfare impacts for the dogs involved. Further to this, time and again we see issues with dog control as owners have not considered the breeds needs when purchasing/obtaining the dog, or the dog has been poorly bred resulting in issues.
• Regulation of dog trainers/behaviourists. Often these ‘professionals’ are not qualified and can cause more harm than good. Particular attention is warranted to the training and keeping of ‘protection’ dogs
• Penalties for abandonment of dogs.
• Compulsory licensing of dog owners.
• Further powers to enforce dog chipping and maintenance of the details.
• Compulsory wearing of a leash in public open spaces. 4. Compulsory exercise of dogs in the same principle as Germany
• We would suggest fixed penalties for noncompliance with dog control notices.
• A clear agreed view between Police and Dog Control officers on what legislation and duties should be covered. (This has never been done and because of this there is so many grey areas).
• Penalties for those breeding dogs on benefits (more powers given to housing agencies to deal with this as housing are aware this is going on but can't seem to put a stop to this).
• Ban street dogs and rescue dogs coming in from other countries.

3. What measures could be considered to help educate dog owners of the importance of responsible dog ownership to help improve dog behaviour? – set out what should be the top three priorities to consider post summit ?

• Including responsible dog ownership in schools; children/young people are future dog owners, early education is key. This may also see the young person raising any issue they see at home to the relevant authority, or raising it with their parent/guardian to have them reconsider their actions.
• Wider publication of legislations; too many people are not aware of relevant legislations, including veterinary staff and other professionals working with dogs/dog owners.
• If a licence or registration scheme for all dog owners was in place mandatory completion of ‘a responsible dog ownership’ course as offered by the Blue Cross could be considered. Offering a course like this, to all dog owners (currently only available upon referral from Police/LA following offence) would be sensible, but unlikely to be taken up voluntarily by the owners in most need of it.
• Roll out of dog ownership classes perhaps – national campaign to educate owners on good practice. Behavioural training, socialisation with other dogs etc.
• Test for new owners to become licensed to show ability to understand dog behaviour.
• Compulsory training for new dog owners.
• Mandatory puppy packs to include training advise from breeders.
• The Scottish Government should have a advertising/social media campaign which the LAs can endorse to ensure consistent messaging.
• The Scottish Government should have a list of behaviourists that can be recommended for people to use where dogs are unruly etc.
• All dog breeds to be muzzle trained and for owner to carry one on them at all times.
• Licence dog walkers and dog trainers.
• Instead of charities advertising for money could there be more education advertisement and links on this to free online classes/education or when someone is considering buying a dog. (These days everyone is glued to their television or computer and it would be great for educating kids and adults, I am looking to be doing something through the NDWA and local Authorities for online positive dog ownership/training).