Lesson 4: Law and Legalities related to School Dogs

Law and Legalities Related to School Dogs

In this lesson, we’ll explore three key pieces of UK legislation that are crucial when it comes to working with dogs in schools. These include:

1. The Animal Welfare Act 2006
   
   

2. The Dangerous Dogs Act 1991
   
   

3. The Equality Act 2010
   

The Animal Welfare Act 2006

The Animal Welfare Act 2006 is one of the most important pieces of legislation governing the welfare of animals in the UK. It applies to England and Wales and serves as the primary law protecting the welfare of animals, including dogs in school environments.

Once a dog enters a school setting, whether on a full-time or part-time basis or even for short visits, both the school and the handler assume a legal responsibility for the dog’s welfare.

The Five Freedoms

The Animal Welfare Act outlines five essential welfare needs, known as the Five Freedoms, which must always be met to ensure that a dog is well cared for. Let’s look at these in detail:

1. Freedom from Hunger and Thirst
   Dogs must have access to fresh water and a balanced diet suited to their needs. It’s not just about feeding; it’s about providing appropriate nourishment and ensuring that treats, particularly in a school environment, are offered thoughtfully.
   
   

2. Freedom from Discomfort
   Dogs should have a comfortable and quiet space to retreat to, especially in busy classrooms. It's important to shield them from loud noises and overstimulation, which can contribute to stress and anxiety.
   
   

3. Freedom to Express Normal Behaviour
   Dogs need to engage in natural behaviours like sniffing, playing, and interacting. Incorporating activities like “sniff walks” or allowing downtime for rest can help ensure that their need for normal behaviour is met.
   
   

4. Freedom from Pain, Injury, and Disease
   Regular veterinary care and preventative treatments are vital. Any signs of discomfort or illness should be addressed promptly, and dogs should never be forced to participate in activities that cause distress.
   
   

5. Freedom from Fear and Distress
   Minimising stress and anxiety is essential for a dog’s health. The environment must be one in which the dog feels secure, with respect for their individual needs and preferences.
   
   

These Five Freedoms are not just best practice; they are legal requirements. Any failure to meet these needs could be considered neglect or cruelty, leading to serious consequences, including fines of up to £20,000 or being banned from owning animals.

The Dangerous Dogs Act 1991

The Dangerous Dogs Act 1991 was introduced to reduce the number of dog attacks and enhance public safety. The Act focuses on two key areas: banned breeds and dangerous behavior.

Banned Breeds

Certain dog breeds are banned in the UK, and this ban is based on appearance, not behavior. The breeds that are banned include:

• Pit Bull Terriers
  
  

• Japanese Tosas
  
  

• Dogo Argentinos
  
  

• Fila Brasileiros
  
  

• XL Bully (recently added)
  
  

It’s important to note that even a dog that appears to be one of these breeds—regardless of its behavior—can be seized and assessed under the law. Schools must not allow these banned breeds on their premises under any circumstances.

Dangerous Behavior

The Act also addresses dangerous behavior, which applies to all breeds, not just banned ones. A dog can be deemed dangerously out of control if it:

• Injures someone
  
  

• Causes someone to fear injury
  
  

• Attacks an assistance dog
  
  

Even seemingly friendly dogs that cause harm through excitement, like jumping on children and knocking them over, may fall under this law.

The Equality Act 2010

The Equality Act 2010 is a key piece of legislation designed to promote fairness, inclusion, and equal access. It specifically includes provisions for individuals with disabilities, including their right to be accompanied by an assistance dog in certain situations.

Assistance Dogs in Schools

Under the Equality Act, schools are required to allow access to assistance dogs for students, staff, or visitors with disabilities. The Act also imposes a duty to make reasonable adjustments to ensure that individuals with disabilities can access education and services fully.

This could involve:

• Providing space for the dog to settle safely in a classroom
  
  

• Ensuring quiet areas for breaks
  
  

• Offering support during transitions
  
  

• Ensuring clear communication with the dog’s handler to understand their needs
  

Assistance dogs are highly trained working animals and are not pets. It is essential for school staff and pupils to interact with assistance dogs respectfully. This includes not distracting, petting, or feeding the dog while it is working.

Other Important Laws

In addition to the Animal Welfare Act, Dangerous Dogs Act, and Equality Act, there are other key legal considerations when introducing dogs into schools:

1. Microchipping
   All dogs in the UK must be microchipped by the age of 8 weeks. If a therapy dog lives outside of school hours, ensure the microchip is registered to a responsible adult.
   
   

2. ID Tags
   Dogs must wear a collar with an ID tag when in public. The tag should include the name and address of the dog’s handler, or the school, and optionally a contact number.
   
   

3. Cleaning Up After Dogs
   Under the Anti-Social Behaviour Act, schools are responsible for cleaning up after dogs. This includes any mess made on school grounds during therapy sessions or while walking the dog.
   
   

4. Local Dog Regulations
   Schools should be aware of local regulations, such as Public Space Protection Orders (PSPOs), which may restrict where dogs can go or whether they need to be on a lead in public spaces.
   
   

5. Road Traffic Act
   This law mandates that dogs must be on a lead when on public roads and securely restrained when traveling in a vehicle. This applies to all dogs, not just those used in therapy.
   
   

6. Noise
   Excessive barking, particularly in residential areas, can be classed as a statutory nuisance. Schools should ensure dogs are not barking excessively, particularly outside school hours.
   

What Does All This Mean for Schools?

Bringing a dog into a school setting is a serious responsibility that requires careful planning and consideration. It’s not just about the dog’s welfare but also about creating a safe, respectful, and supportive environment for both the dog and the school community.

Key considerations include:

• Creating a detailed welfare plan for the dog
  
  

• Ensuring appropriate insurance for the dog and handler
  
  

• Providing staff training on dog behavior and welfare
  
  

• Ensuring policies for safe handling, hygiene, and emergency protocols
  
  

• Offering designated rest areas for the dog to retreat to when needed
  
  

• Conducting regular vet checks to ensure the dog is healthy and stress-free
  
  

Additionally, schools must consider how to support students with allergies or phobias, evaluate the suitability of the school environment for a school dog, and ensure proper arrangements for the dog’s care during breaks, weekends, and holidays.

By understanding these laws and responsibilities, schools can ensure that school dogs are a positive, well-managed presence in the school community, benefiting both the students and the dogs.