XL Bully dogs in Scotland: child protection

Helping understand the child protection condition

What appropriate supervision means

The child protection condition requires that appropriate supervision is in place.

What this means is a person aged 16 or over (the supervisor) is present and able to take steps to keep children safe around dogs in any situation where there is or could be physical contact between child and dog.

The supervisor should:

• remain nearby in order to keep both the child and dog under observation
• pay close attention to their interaction and be able to intervene if needed
• be able to separate the child and dog immediately if necessary

Supervision should be in person. Cameras, baby monitors, video doorbells or other devices are not a substitute for a person aged 16 or over being physically present and able to intervene as the supervisor.

The exemption certificate holder is responsible for making sure that there is appropriate supervision or separation.

Supervising children and exempted dogs in the home

A child under the age of 12 must only be near a exempted dog if a person aged 16 or over is there to watch them closely and step in if needed, unless physical separation between child and dog is ensured.

Dog owners and carers of children should plan ahead for times when supervision may be difficult, for example, when an adult is:

• cooking
• answering the door
• using the bathroom
• taking a telephone call
• caring for another child
• moving between different areas of the home

Understanding when a dog may need space

Dogs may be more likely to react unexpectedly if they are stressed, unwell, overwhelmed or unable to move away from children. Adults should be alert to situations where a dog may need space and separate the child and dog where necessary. Examples include when the dog is:

• resting or sleeping
• eating or drinking
• playing with or holding a toy
• unwell, injured or recovering
• overwhelmed by noise, movement or attention,
• trying to move away
• showing signs of discomfort

Separating children and dogs inside the home

The safest way to separate dogs and children will depend on the layout of the home, the age and needs of the child, as well as the needs of the dog. Any method of separation should prevent physical contact between the child and dog.

You can separate children and dogs by:

• keeping the child and dog in separate rooms with doors securely closed
• using secure stair gates, safety gates or other physical barriers
• keeping the child and dog on different floors of the home, with gates or doors preventing access between areas
• taking either the child or the dog with you when moving between different areas of the home
• · using a crate, pen or other secured enclosed space (where it is suitable for the dog and the dog is already comfortable using it)

Any barrier should be secure enough to prevent the child or dog getting over, under, through, or around it. The barrier should not allow children and dogs to touch. Owners should also consider whether a child could reach through, over or around a barrier and make contact with the dog.

Separating children and dogs in private outdoor spaces

A private garden or other outdoor space can be used to help separate a child and dog. Where there is an exempted dog, any outdoor area must be secured to prevent escape, as this is a condition of a certificate of exemption. Where physical separation is not in place, there must be supervision by a person aged at least 16 in the same way as would be required indoors.

You can separate them by either:

• allowing the child and dog to use the area at different times
• using secure fencing or barriers to create separate spaces for the child and dog

Owners should consider the dog’s welfare when choosing a method of separation. The separation method should be safe and suitable for the dog and should prevent physical contact between the dog and child. Further advice on dog welfare, body language and crate training is available from animal welfare organisations listed below

Using dog crates or pens for temporary separation

A dog crate or pen may be used to separate a child and dog where it prevents physical contact between them and is safe and suitable for the dog.

Further advice on crate training and dog welfare is available from the animal welfare organisations listed in the ‘Further information’ section at the end of this page.