A new dog law comes into force in the UK on 1 November, requiring owners of banned dog breeds to ensure children under the age of 12 are not left in close contact with their pets in a private place without adult supervision. The regulation is part of a government crackdown on banned breeds; having a banned dog against the law can bring penalties including prison time.
The Department for Environment, Food and Rural Affairs (Defra) issued guidance in September for owners of the five banned breeds: Pit Bull Terrier, Japanese Tosa, Dogo Argentino, Fila Brasileiro and XL Bully.
Defra warns that children under 12 are at a "higher risk of dog-related injuries in the home", because their sudden movements, loud noises or close contact may make an animal uncomfortable.
Defra's advice says an adult aged 18 or over must be present and able to take steps to keep children safe. The adult must remain nearby, keep both the child and dog under supervision, pay attention to their interaction, be able to intervene if necessary, and separate them immediately if required. Cameras, baby monitors, video doorbells or other devices are not considered suitable substitutes for an adult's presence.
Owners and carers have been advised to plan ahead for times when supervision may be difficult, such as when cooking, answering the door, using the bathroom, taking a phone call, caring for another child, or moving between different areas of the home. Defra advised that dogs may be more volatile when stressed, unwell, overwhelmed or unable to move away from children. Adults should be alert to situations where the dog may need space, such as when resting, sleeping, eating, playing or showing any signs of discomfort.
Adults can separate dogs and children by keeping them in separate rooms with doors securely closed, using stair gates or other physical barriers, keeping them on different floors with gates in place, or using a crate or pen for the dog.
Whether a dog is a banned type depends on its appearance rather than its breed or name, Defra says. A police or council dog expert will judge what type of dog the owner has and whether it is, or could be, a danger to the public. It is up to the owner to prove their dog is not a banned type. If the owner proves this, the court will order the dog returned. If the owner cannot prove their dog is not a banned type, or pleads guilty, they will be convicted of a crime. The penalty includes an unlimited fine or up to six months in prison, or both, and the dog will be destroyed. If the dog is banned but the court thinks it is not a danger to the public, a contingent destruction order may be issued, allowing the owner to apply for a certificate of exemption.
Analysis
Why This Matters
- Introduces specific legal duties for owners of banned breeds, enforceable by police and courts.
- Carries serious consequences including unlimited fines, prison time, and destruction of pets.
- Sets a legal standard for adult supervision that cannot be replaced by electronic monitoring.
Background
The UK has banned five dog breeds: Pit Bull Terrier, Japanese Tosa, Dogo Argentino, Fila Brasileiro and XL Bully. It is illegal to sell, abandon, give away or breed from these types. Owners must hold valid certificates of exemption. The new law, taking effect 1 November, adds specific supervision requirements for children under 12 in private places such as homes and gardens. Defra issued guidance on the requirements in September.
What to Watch
- How police and councils enforce the new supervision requirement in private homes.
- Court decisions on what constitutes a banned type under the looks-based assessment.
- Potential increase in seizures and prosecutions of banned breed owners.
Checked
12 claims in this story checked against 1 source: 12 supported.
Show each claim
- SupportedThe new UK law takes effect on 1 November and requires owners to ensure children under 12 are not left in close contact with banned dogs in a private place without adult supervision.The Independent UK: “A new dog law comes into force on 1 November aimed at keeping children safe, as part of the government’s crackdown on banned breeds. Owners of banned breed dogs will now be required to make sure that any child under the age of 12 is not left in close contact with their pet in a private place, such as a home or garden, without adult supervision.”
- SupportedHaving a banned dog unlawfully can bring up to six months in prison.The Independent UK: “The penalty includes an unlimited fine or a person can be sent to prison for up to 6 months (or both) for having a banned dog against the law.”
- SupportedThe new law is part of a government crackdown on banned breeds.The Independent UK: “A new dog law comes into force on 1 November aimed at keeping children safe, as part of the government’s crackdown on banned breeds.”
- SupportedDefra issued guidance for banned-dog owners in September.The Independent UK: “Defra issued advice back in September to banned dog owners on how they can keep their children safe from these breeds.”
- SupportedDefra warns that children under 12 are at a “higher risk of dog-related injuries in the home” because sudden movements, loud noise or close contact may make an animal uncomfortable.The Independent UK: “Children under the age of 12 are at “higher risk of dog-related injuries in the home”, guidance from Defra (the Department for Environment, Food and Rural Affairs) warns, because they might make sudden movements, loud noise, or engage in close contact, which may make the animal uncomfortable.”
- SupportedAn adult aged 18 or over must be present and able to keep children safe around the dog, supervise the child and dog, and intervene if needed.The Independent UK: “An adult, 18 or over, must be present and able to take steps to keep children safe around dogs. Adults must remain nearby and keep both the child and dog under supervision, pay attention to the interaction and be able to intervene if necessary”
- SupportedCameras, baby monitors, video doorbells and other devices are not suitable substitutes for an adult’s presence.The Independent UK: “Cameras, baby monitors, video doorbells or other devices are not deemed suitable substitutes for adult presence.”
- SupportedOwners and carers are advised to plan ahead for times when supervision may be difficult, including cooking, answering the door, using the bathroom, taking a phone call, caring for another child or moving around the home.The Independent UK: “Dog owners and carers of children have been advised to plan ahead for times when supervision may be difficult. For example when cooking, answering the door, using the bathroom, taking a phone call, caring for another child, or moving between different areas of the home.”
- SupportedDefra advised that dogs may be more volatile when stressed, unwell, overwhelmed or unable to move away from children.The Independent UK: “Defra advised that dogs may be more volatile when stressed, unwell, overwhelmed or unable to move away from children.”
- SupportedAdults should watch for signs a dog may need space, including resting, sleeping, eating, playing or showing discomfort.The Independent UK: “Adults should be alert to situations where the dog may need space, such as when resting or sleeping, eating or drinking, playing, unwell, overwhelmed, trying to move away or showing any signs of discomfort.”
- SupportedWhether a dog is a banned type depends on its appearance rather than its breed or name, and a police or council dog expert judges its type and whether it may be a danger to the public.The Independent UK: “Whether a dog is a banned type depends on what it looks like, rather than its breed or name, Defra says. A police or council dog expert will judge what type of dog the owner has and whether it is (or could be) a danger to the public.”
- SupportedAn owner who cannot prove the dog is not a banned breed, or pleads guilty, will be convicted; the penalty can include an unlimited fine or up to six months in prison, or both.The Independent UK: “But if they can’t prove their dog is not a banned breed, or if the owner pleads guilty, they will be convicted of a crime. The penalty includes an unlimited fine or a person can be sent to prison for up to 6 months (or both)”