Off Lead Walking: Are You Breaking The Law?

Is  there anything more frustrating, as a dog owner, then being accosted by  an off-lead dog when out on a walk?  That infuriating call from the  owner who is barely in sight, shouting ‘It’s okay, they’re friendly!’

That’s  nice Susan, but being friendly, and being safe to be off lead, are two  very different things.  Put your untrained spaniel back on its lead.

This  ongoing battle between on-lead dog walkers and off-lead dog walkers is  one that will likely never end.  Both sides believe they are doing  what’s best for the dog, with off-lead walkers of the opinion that dogs  should be allowed freedom to interact with their environment and on-lead  walkers believing they are doing the responsible thing for their dog’s  safety.

Opinions aside, off-lead  walking can be done responsibly, but only with a dog that is recall  trained to respond and return to their owner regardless of the situation  and distractions such as other dogs, cats, horses, livestock, or  wildlife.  

Sadly, it is  incredibly rare to see anyone with their dog so reliably trained and  even rarer to see a sighthound with any form of reasonable response  time…let’s face it, they don’t really care what we want!  But for any  dogs that aren’t 100% recall trained, in being off lead, beyond being a  safety issue, they are breaking the law.  If they are off the lead in  any space, public or private, there are some very serious legal  ramifications when something goes wrong!  

Firstly,  not everyone wants to be approached by a dog, regardless of how  friendly and social they are.  It only takes one person to have  ‘reasonable apprehension’ in being approached by an off-lead dog for it  can be considered ‘dangerously out of control’ in the eyes of the law.    

Under the Control Of Dogs Act 1992 and Dangerous Dogs Act 1991, a dog can be considered dangerously out of control if they:

- Attack or injure someone
- Attack or injure another dog/animal
- Make someone worried or afraid that it might injure them
- Make them afraid that they could be injured in trying to prevent the dog attacking them/their animal.

They  don’t have to make contact, or be on public land, for this to apply.   You could be liable if someone, such as the delivery man approaching  your front door, is frightened by your dog, trips and falls.  Any  injuries they sustain count under the legislation, putting the dog  squarely at fault and you liable as the owner.  

It is also an offense for your dog to injure a service dog.

Penalties  under the Dangerous Dogs Act, even if no physical injury caused,  include fines up to £5000, potential prison time, being banned from  owning animals or even having your dog ceased and put to sleep.  This is  applicable to all breeds, from the smallest chihuahua to the biggest  great dane, and worse still for repeat offenders!  

There  has been a rise year on year of dog on dog, and dog on human,  incidents, attacks, and fights of recent.  With a dazzling array of  breeds involved from sassy sausage dogs chasing down and attacking  cyclists to friendly labradors knocking over and mouthing children.

In  a bid to minimise off-lead dog incidents, many councils have started  introducing Public Spaces Protection Orders (PSPO) either permanently,  or during busy times of year, where dogs are excluded from certain  public spaces or required by law to be on the lead.

If walking in PSPO spaces with your dog off-lead, the council has the authority to fine you for.

Worse  still, is if your off-lead dog causes a road traffic accident.  For  instance, they chase a cat across the road.  Even if your dog is fatally  injured in the accident, you will still be liable for all costs  involved in repairing vehicles and any other environmental, or  structural, damages.  There may be further legal costs if the people  involved in the traffic accident are seriously harmed or killed.   These  costs can, and have in the past, reached into the millions.

While  there is no blanket law that states you must keep your dog on the lead  when walking near roads, the Highway Code does state that dogs should be  kept on a short lead along any roads, or paths shared with cyclists and  horse riders...which realistically, should be common sense.

If  you are walking on open access land (public foot paths etc) and are  crossing farmers fields, you need to be aware of The Countryside and  Rights Of Way Act 2000.  This states that dogs must be kept on a lead,  with a maximum length of 2 metres, when on land housing livestock.  

Even  if your dog is not prone to chasing or getting excited by livestock,  there is always the potential for it to happen.  It is always worth  bearing in mind that farmers are legally allowed to shoot them if they  are worrying their livestock, cannot be recalled or otherwise removed  from the situation.

You may not  be aware that the Countryside Code further enforces that dogs must be  kept on the lead between the months of 1st March and 31st July when on  open access land or when visiting the coastlines.  This is both for  livestock safety and that of wildlife.  A lot of coastal walking routes  have areas of nesting birds that come under conservation laws and should  not be, in any circumstance, be allowed to be disturbed by dogs.  There  are substantial fines and serious penalties involved if you do not  respect these rules.

Laws aside,  responsible dog ownership is knowing when it is appropriate for your dog  to be on, or off, the lead.  However, if your dog is not genuinely 100%  reliably recall trained, it should not be off the lead in any shared  space both for their safety and that of the other individuals using the  space.

There are numerous reasons why it is responsible to keep your dog on the lead:

- Keeps them being safe from roads, running off, getting lost or stolen!

-  Prevents dog fights and ensures proper socialisation!  Unless recall  trained, your dog could end up approaching another dog that is nervous,  in training, under-socialised, recovering from surgery, is old or  otherwise not wanting to be approached.  This can result in stress,  frustration, defensive behaviour, and reactivity, or worse, fights (and  we’re not just talking about between the dogs anymore!)

-  Prevents dogs approaching or jumping up at people or children.  An  overly friendly dog can be just as dangerous as an unfriendly dog.  In  running up to and/or jumping up at people, particularly children or  those with mobility issues, can result in injury and distress.

-  Prevents them from eating things they shouldn’t!  Most dogs don’t  self-restraint around food and will hoover up anything they get their  hands on.  When on the lead, it prevents them going and picking up  scraps from under picnic tables, eating poo, ruining peoples picnics or  eating things like bait/poisons!

-  It keeps them clean.  If your dog is a water baby, muddy puddles or  other bodies of water may be a bit too tempting if off lead!  In summer,  algae blooms can be fatal dogs, so you definitely don’t want them  jumping in bodies of water.

-  Avoids accidental litters!  Not every dog is neutered (though they  should be), and if your entire male happens across someone’s lady who is  in season, or vice versa…oops!  

-  If your dog is recovering from injury or surgery, being on lead ensures  that you can manage their exercise.  Not all dogs understand their own  limits, or respect stitches, so being kept on the lead prevents them  from over doing it!

- It also  prevents further injury.  If your greyhound has a pre-existing injury,  being off lead can easily result in further damage.

-  They are fearful.  It goes without saying that if you know your dog is  likely to spook and run at certain noises or sights, being off lead is a  terrible idea.  Particularly during fireworks season.

Even  if you believe your dog is responsibly recall trained, there is a very  dangerous thing in life, it’s called trust.  Sighthounds are amongst the  hardest dogs to recall train with 100% accuracy.  Apart from the fact  that they are completely of their own mind and largely don’t care what  we want, they were bred to run.  Bred to chase.  Their desire to chase  prey is instinctive, and it takes a lot for them to choose you over that  instinctive drive which can be largely changeable depending on the  situation and what has caught their attention.

There  is a big difference between a running labrador they want to play with,  and a hare that just appeared out of nowhere and has taken off  sprinting.  

We have seen  countless sighthounds killed, and others suffering life-altering  injuries, as a result of being off lead.  Even those that have been  reliably off lead for years.  One day they just start running, you may  never understand why, but to put complete trust in their choices is  dangerous.

They can very clearly  see a bird in a bush half a mile away and get up to 40 miles per hour in  three strides should they decide to go.  They'll be a speck in the  distance before you can get their attention; if you can get it at all.

They  can easily tunnel vision on what it is that has piqued their interest  which only adds to the danger, as they can't always appreciate rolls in  the landscape, leading them to fall down dips or hills. Rabbit holes can  catch and break their legs, and such is their spatial awareness, they  can run out into roads without care for oncoming traffic or straight  into barbed wire fences because it’s blended into the bushes and trees  behind it.

All sighthound  rehoming centres that we have spoken to have got it specifically written  into their rehoming contracts that the adopted dog will be always kept  on a lead in public.  This does not deny them their freedom, it just  ensures their safety.  Especially if they have a racing injury that puts  them at greater risk of self harm in running off-lead.

No one wants their dog to come to harm, and no one wants to be lumped with a massive fine either!

So,  while it is a sight to behold, seeing our beautiful sighthound  companions running free, it isn’t always in their best interest.  They  have been entrusted to you, to be kept safe.  Keep your dog on the lead  and follow the law!