Memorandum from Brian and Christine Cheal
(DDB 71)
Submission for new Disability Discrimination
Act Re: Attacks on working Guide Dogs by other dogs
Attacks/Harrassment of Working Guide Dogs other
Dogs/ UK Dangerous Dogs Legislation
Dear Sir/madam
Reproduced below is an e-mail we sent to the
Home Office in October last year (Not printed). Animal Welfare
legislation is covered by DEFRA now and the reply we received
made it clear that guide dogs are not specifically recognised
in UK Dog Legislation. It is left to each individual police force
to enforce/interpret legislation as it sees fit. Although it is
clear in the various acts that a person does not have to be injured
and indeed, need only be in fear of attack, we have had enormous
problems getting the police to take action against the owner of
the dog. The owner was finally given an official warning and—"strongly
advised to muzzle the dog in public". However, the police
refused to consider a court action on various grounds—that
it was a first offence, the owner was responsible because the
dog was on a lead, Magistrates would not convict on a first offence
and even that to prosecute could seen as favouring a blind person
which would be in breach of the 1998 EU Human Rights Act "that
states that citizens should be treated equally". In the meantime
the owner and unmuzzled dog are still coming to the city—indeed
are in and out of shops that display "No dogs except Guide
Dogs". My wife and her guide dog were traumatised by the
dog attack and it is apparent to us that current UK dog legislation
should take account of the special needs of Guide Dog owners.
My wife has experienced another distressing
incident recently involving an off-the-lead boxer/mastiff cross
(no attack) This dog is already known to the police and local
authorities yet we were unable to even get the incident recorded
as a crime. We have several outstanding complaints with the police
and are in continuing correspondence with DEFRA and the Home Office
(policing policy Dept). It is our view that current UK dog legislation
does not recognise the special needs of Guide Dog owners. Many
people we have spoken to are shocked that Guide Dogs are not recognised
in law in relation to either dangerous or nuisance dogs. It seems
to us that this is a clear case where the law in relations to
dangerous dogs/nuisance dogs should be interpreted differently
in relations to incidents that involve attacks/harassment of a
working guide dog. This is a hastily compiled submission for the
proposed new Disability Discrimination Bill. As far as wer can
see proposals in the Bill would specifically exclude claims of
discrimination in relation to criminal prosecutions and we are
therefore unsure if the act would be of any help to my wife.
GDBA passed us the contact details of Nick Mays,
Chief Reporter with OUR DOGS newspaper and something of an expert
on Dogs legislation, to gain some publicity for my wife's situation.
Two articles published by Nick Mays in OUR DOGS newpaper dated
16 and 23 January 2004 can
Articles can be read below on the following
weblinks:
http://www.ourdogs.co.uk/News/January2004/News160104/wasguide.htm
http://www.ourdogs.co.uk/News/January2004/News230104/guide.htm
February 2004
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