Legal Advice Needed (Dog Control Agreement)

[sum1964]

Hello. I have owned my retired grey for over a year now,last week it was being walked on a 4ft lead down the pavement on a public street by my 21 year old son when it spotted a cat within reach hiding in the adjacent undergrowth and pounced. My son who hadn't seen the cat was caught of guard but managed to free it from the dogs mouth,at which point it ran off injured,we later found out that it was taken to an emergency vet and unfortunately put to sleep,we don't know if this was a financial or medical decision (I have since voluntarily paid the vets fees as a gesture of good will). However the Police are now involved and want me to sign a Dog Control Agreement under Section 2 of the Dogs Act 1871.  Basically if I sign it this incident can be used against me in the future for any dog in my care,plus I have to have the dog on a lead and it must wear a muzzle "at all times when in a public place" (which is basically everywhere but your own land or garden). And in the declaration where I need to sign it states "I accept that my dog was dangerously out of control". All of which I am having trouble with because my dog has not been assessed in anyway by anyone nor has anyone enquired about its or my general well being or social enviroment. Now I've looked for guidance on the .gov website where it mentions that in situations like this (first time offender) I should receive a Written Warning and if further incidents occur I would receive something called a Community Protection Notice (CPN). Does anyone know where I stand on this Dog Control Agreement,it feels like were both being found guilty without any trial. Thanks in advance.       

[zimsmom]

Uggg.....are you in the USA?  I think I remember something called the Lexi project.  A couple from NY formed it to help with these types of things.  I'll try to use the search bar but other people might remember better than me!

 

[sum1964]

No I'm actually in the UK

[zimsmom]

OK Lexus Project.   I still reach out to them.  I think someone is an attorney and can maybe help.  So sorry this happened.  It never happened but I know my Patches could have easily killed a cat.  She just could not control herself.  Its an instinct as you know. 

Edited August 26, 2021 by zimsmom

[sum1964]

Yes I know,he's a really well behaved dog and can sometimes walk past cats with only a slight glance,he doesnt bark or growl. He's great with every dog we come across and is brilliant with people,both young and old. However if he comes across a cat within easy striking distance he'll make a lunge at it if your not holding the lead tight. 

[macoduck]

17 minutes ago, zimsmom said:

OK Lexus Project.   I still reach out to them.  I think someone is an attorney and can maybe help.  So sorry this happened.  It never happened but I know my Patches could have easily killed a cat.  She just could not control herself.  Its an instinct as you know. 

Lexus Project is no longer in business.  Another GT person has been trying to reach them by various methods with no luck.

[greysmom]

I would still seek out the advice from a lawyer qualified to analyze this issue in your jurisdiction.  You might consider reaching out to your adoption group, or the Greyhound Trust, for a recommendation.

Even for us here in the US, it's an extremely complicated issue, as each HOA, city, county, and state all have their own laws and regulations.  

Good luck!

[sum1964]

Thank you

[Time4ANap]

What happens if you just refuse to sign it? As others have said, a lawyer with experience in this area is really needed.  Personally, I would refuse to sign anything of that nature, but that's just the way I'm wired.  Good luck. 

[MerseyGrey]

I would try the Citizen’s Advice Bureau as they might be able to help you, or at least direct you to someone who can. And, as someone else has suggested, try a greyhound adoption agency who might be a bit more savvy .

This all does seem a bit excessive. I agree with you, I wouldn’t be happy about signing a document that says my dog is dangerous, after all, lots of dogs dislike cats. I know that this is someone’s pet, but from the dog’s point of view, it’s no different from going after a squirrel or rabbit. Good luck

[HeyRunDog]

I agree with MerseyGrey. It does seem a bit excessive especially as in another case the police say they can't do anything about it as cats aren't covered by the legislation.

https://thurrock.nub.news/n/police-say-they-are-powerless-to-act-after-community-is-shocked-by-another-savage-pet-killing-by-dog-off-a-leash

 

[DocsDoctor]

I am sorry you are having to deal with this, it must feel very worrisome. If you are in England or Wales (Scottish legal system is separate, and rather different) check out a solicitor called Trevor Cooper who is a specialist in dog law and often mentioned on rescue forums. There is lots of information on his website, or if you don't find an answer there you can contact him.