A new law on keeping banned dog breeds will come into force on November 1.
From next month, it will be a criminal offence to leave a child under the age of 12 in close contact with a dangerous dog in a private place, which includes homes and gardens, without adult supervision.
The new law will apply to anyone with an XL Bully dog after they were added to the list of banned breeds in 2023. Even pet owners who hold a Certificate of Exemption will be subject to the new law.
Guidance under Andy Burnham's premiership
The new rules were confirmed in June this year under Sir Keir Starmer's government. At the time, the government said the new safeguard would "reduce the risk of serious injury to children in domestic environments, while allowing exempted dogs to remain with families where appropriate supervision is in place".
The new law will come into force on November 1 and guidance published under Andy Burnham's premiership in September this year outlines how dog owners will be impacted by the new rules.
The guidance states: "Young children, especially those under 12, are at higher risk of dog-related injuries in the home, where incidents often involve a dog they know." It said children may behave in ways that make dogs uncomfortable, such as by making sudden movements or loud noises or by getting to close contact with them.
What owners must do
In order to protect children, the new law will require dog owners to ensure that children are not left alone with banned dogs without an adult being there.
The guidance states: "A child under the age of 12 must only be near a banned breed dog if an adult is there to watch them closely and step in if needed. Dog owners and carers of children should plan ahead for times when supervision may be difficult."
The government is encouraging affected dog owners to ensure that they can adequately separate their children from dogs in the home, such as by keeping them in separate rooms with the door closed or by using secure stair gates or other physical barriers.
"Any barrier should be secure enough to prevent the child or dog getting over, under, through, or around it," the guidance says. "The barrier should not allow children and dogs to touch."
A dog crate or pen may also be used to separate a child and banned breed dog, where it prevents physical contact between them and is safe and suitable for the dog, according to the guidance.
Enforcement and consequences
As with other conditions of exemption, failure to comply with the new requirement may result in enforcement action, which can include seizure of the dog and potential prosecution, in line with existing powers under the Dangerous Dogs Act 1991.
At the time of the announcement, animal welfare minister Baroness Hayman said: "Any attack on a child by a dangerous dog is unacceptable. The safety of children must always come first, and this new measure will strengthen protections in the home by ensuring young children are not left unattended around banned breed dogs, including XL Bully types. While many owners are acting responsibly - those that don’t should face the legal consequences."
