The fight to keep horses safe from dog attacks goes on – as the Government has confirmed that tougher legislation to deal with worrying animals does not cover ridden or driven horses.
H&H reported that the Dogs (Protection of Livestock) (Amendment) Act, which came into force this year, gave police more powers to deal with – and the option of more serious punishments – for livestock worrying, and that this includes horses.
But some in the industry had concerns that it did not go far enough. And Defra has now confirmed that although the law covers horses on roads and paths to be moved between fields, this “does not extend to ridden horses”, on or off the road.
Victoria Privett, co-founder of the Leash & Release campaign that aims to educate dog owners and protect other people and animals from dog attacks, told H&H she and co-founder Katie Smart contacted Defra last autumn.
“They’ve now come back to say the protection given by the act doesn’t automatically apply to ridden horses in public spaces,” she said.
“We’re very grateful to Defra for clarifying but my fear was that horses would fall through the gaps again, and we have. The most vulnerable time for horses and riders is when they’re riding in public.”
Ms Smart and Ms Privett said that, as it has to H&H, Defra has referred to the Dangerous Dogs Act as another law under which horses may be protected. But the relevant section of this law says it is an offence if an out-of-control dog “injures any person or assistance dog”, with no mention of horses or any other animal.
Leash & Release is now targeting an update of this law as the next step.
Dog attacks: ridden horses and other animals need protection
“We need a petition to amend this section to cover horses and all pets, including other dogs,” Ms Privett said. “People have contacted us as their dogs have been attacked, and they’re not covered either. There are lots of loopholes, and places where the police aren’t even clear.”
This petition, and a call to contact MPs, will not be started until the country’s governance is clear; the campaigners will wait until the next prime minister is in place with no chance of an imminent general election, as these mean all petitions are closed.
“Then we’ll do that, because we know the community will support us,” Ms Privett said. “Not just the equestrian community, the dog community, the pet owners, and hopefully we can get more of an aligned response.”
Solicitor Hannah Bradley, of Aria Grace Law, told H&H that although the act refers to horses, “it is clear they fall awkwardly in that they are often not farmed livestock in the traditional sense, and they are used more often for leisure purposes”.
“The frequency with which horses and their owners suffer from dog attacks, and the difficult emotional and financial circumstances caused by them, warrant serious consideration to creating a clearer route to prosecution, and by virtue a deterrent,” she said. “Whilst owners may still have a prospective civil claim to pursue any financial losses, it may be difficult and expensive, and there would be no guarantee of success, or recovery of any damages awarded.”
British Horse Society (BHS) safety team manager Des Payne told H&H anyone involved in a dog-related riding incident should contact a legal expert; the BHS has a free legal support helpline accessible to some members.
“We would always seek clarity when dealing with these awful situations, as our laws aren’t simple to navigate and there can be many different circumstances to consider,” he said. “Our understanding is that the Crown Prosecution Service will assess whether to proceed with prosecution under section 3 of the 1991 act or other relevant legislation on a case-by-case basis. As ever, we will continue to lobby Government to ensure the interests of horses, horse riders and carriage drivers are at the forefront of any legislative change.”
A Defra spokesperson confirmed Mr Payne’s understanding on the 1991 act, adding that the Government takes dog attacks very seriously.
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