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Aims of the strategy
To protect public health and public safety from the adverse actions of dogs and less responsible dog owners. To protect the welfare of animals including dogs. To support the welfare of people through responsible dog ownership.
Background to the proposal
The former district and borough councils had a range of legislative controls (including Public Spaces Protection Orders (PSPOs) to control the behaviour/actions of dogs and owners in public spaces. These requirements impose controls on dog owner’s in order to safeguard public health and safety, the safety of animals and maintain the quality of the environment for the local residents. These have carried through into Dorset Council and are now due for review. It is proposed to introduce a harmonised and simplified single Dog-related PSPO to give greater consistency and clarity about the control of dogs in public spaces which will benefit residents and visitors.
Types of controls can include;
- removal of dog fouling
- exclusion of dogs from certain public spaces either permanently or during specified periods
- requirement for dogs to be kept on-lead permanently or during specified periods
- requirement for dogs to be on-lead when required by an Authorised Officer of the council
- specifying the maximum lead length where on-lead controls exist
- specifying the number of dogs to be walked at any one time (usually used for commercial walkers where large numbers exists – usually in urban parks)
- any other dog related restriction that meets the legal test and ensures the control of a dog in a specified area or controls antisocial behaviour from dogs and less responsible owners.
The Order will be in force for a period of 3-years after which it is due for statutory review.
Intelligence and communication
Data, information, evidence and research used and how it has influenced the decision-making process
Data from:
- Census 2011
- Index of Multiple Deprivation 2019
- ONS Neighbourhood Statistics
- Public Health England – Health Profiles 2017
- Dorset Statistics via GeoWessex - Appendix A gives the appropriate data on age, sex and disability as percentages of the population in Dorset.
- Assistance Dogs UK
- Equality & Human Rights Commission
Population figures in the Dorset Council area
| Group | Totals |
% |
|---|---|---|
| All males | 184,100 |
48.9 |
| All females | 192,380 |
51.1 |
| 0-15 years | 59,930 |
15.9 |
| 16-64 years | 208,740 |
55.4 |
| 65+ years | 107,810 |
28.6 |
| Total | 376,480 |
n/a |
Diversity
- 95.6% White British
- 4.4% BME
- 1.7% main language not English
Disability
4.6% of the population based on those claiming Disability Living Allowance, Personal Independence Payments or Attendance Allowance in the Dorset Council area.
Health
| Long term health problem or disability | Total | % |
|---|---|---|
| Day-to-day activities limited a lot | 6315 |
9.69 |
| Day-to-day activities limited a little | 7786 |
11.95 |
| Day-to-day activities not limited | 51066 |
78.36 |
Type of health
| Type | Total | % |
|---|---|---|
| Very good health | 27,562 |
42.29 |
| Good health | 23,933 |
36.73 |
| Fair health | 9,802 |
15.04 |
| Bad health | 2,952 |
4.53 |
| Very bad health | 918 |
1.40 |
Consultation has also taken place with the following organisations:
- The Kennel Club
- Guide Dogs for the Blind
- Assistance Dogs UK
Dogs are used to assist owners with various disabilities by guiding and/or performing tasks. There is no data on numbers of dog owners or specifically accredited assistance dogs, but it is appreciated that their needs must be considered as part of this process. This is a legal requirement of the Equality Act 2010.
The Equality and Human Rights Commission (EHRC) define an assistance dog as dogs that are trained to help people with hearing difficulties, epilepsy, diabetes, physical mobility problems and more. Assistance dogs carry out a variety of practical tasks for people as well as supporting their independence and confidence. Assistance dogs are not pets and are treated as 'auxiliary aids'. Assistance dogs are highly trained which means they:
- will not wander freely around the premises
- will sit or lie quietly on the floor next to their owner
- are unlikely to foul in a public place
Most are instantly recognisable by a harness or jacket. However, the law does not require the dog to wear a harness or jacket to identify it as an assistance dog.
Some, but not all assistance dog users, will carry an ID book giving information about the assistance dog and the training organisation together with other useful information, again, this is not a legal requirement.
Source: Assistance Dogs: a guide for all businesses, EHRC; 2018
Assistance dogs are usually qualified by one of the charitable organisations registered as members of Assistance Dogs UK and as such an assistance dog is legally permitted to accompany its client, owner, or partner, at all times and in all paces within the United Kingdom.
The Society for Companion Animal Studies define a therapy dog as a dog that is used to benefit people in a therapeutic way. This incorporates wide range of potential activities with a wide range of people e.g. some pets take part in visiting programmes, whilst others take part in structured activities as part of a therapeutic programme. Therapy dogs in the UK are not considered to be assistance dogs and do not have the same legal privileges.
The Department of Work and Pensions is formulating a definition. We will take account of its findings which may impact the EqIA and shape future Orders.
The Dorset Council Dog related PSPO 2020
Information on certain definitions
Data and service knowledge/information suggested that:
- the most impacted protected characteristics are age and disability, with some impact likely for race and ethnicity, and those suffering social and economic deprivation
- attitudes towards dogs and dog ownership can often be polarised and the actions of the council need to achieve a balance between public health and safety and, the benefits to owners especially those with key protected characteristics that may rely upon their dogs for assistance in their everyday lives.
Engagement or consultation that has taken place as part of this EqIA
A public consultation to help the preparation of the draft Order was undertaken for 15 weeks, with response received from over 8,600 people, extended due to the implications of COVID-19. A separate EqIA was carried out for the consultation process. The consultation report, Appendix B, can be accessed in the consultation tracker.
Consultation has also taken place with the following organisations:
- The Kennel Club
- Guide Dogs for the Blind
- Assistance Dogs UK
Feedback
A consultation report has been produced and has been published on the council’s website. The consultation report will also form part of reports to Place & Resources Overview Committee and Cabinet presenting the draft Order for approval.
Assessment
Impacts of the strategy
| Impacts on who or what? | Effect | Details |
|---|---|---|
| Age | Positive and negative | Negative:
Positive:
|
| What age bracket does this affect? | n/a |
|
| Disability | Positive and negative | Negative:
Positive:
|
| Does this affect a specific disability group? | n/a | Those with physical disabilities & mental impairment. |
| Gender reassignment and gender identity / religion or belief / sexual orientation / sex / marriage or civil partnership / single parent families / armed forces communities | Neutral | Not anticipated at this stage that there are any impacts on this group. |
| Pregnancy and maternity | Unclear | Any heavily pregnant individuals may be less able to remove dog fouling and to travel further to exercise their dogs. |
| Race and ethnicity | Negative |
|
| Carers | Positive | With the controls in place in some public open spaces the caring of an individual may be made easier. |
| Social and economic deprivation | Unclear | No access to private transport may restrict the ability to travel further to exercise a dog. Ability to meet needs of dog ( veterinary requirements and vaccinations). Ability to provide a suitable lead. |
Keys to impact
| Positive impact | the proposal eliminates discrimination, advances equality of opportunity and/or fosters good relations with protected groups. |
|---|---|
| Negative impact | Protected characteristic group(s) could be disadvantaged or discriminated against. |
| Neutral impact | No change/ no assessed significant impact of protected characteristic groups. |
| Unclear | Not enough data/evidence has been collected to make an informed decision. |
Action Plan
| Issue | Action to be taken | Person(s) responsible | Date to be completed by |
|---|---|---|---|
| Dog owner due to age/mobility/latter stages of pregnancy is unable to clear fouling or comply with any other restriction | Officers receive training about this aspect of enforcement. A FPN can be appealed and information submitted about mitigating circumstances. Appeals are determined by the service manager. A letter can be provided for the dog owner to carry to present if approached again by an officer. The FPN procedure will be reviewed to ensure that the above provisions are suitably clear. |
Jane Williams |
December 2020 |
| Dog owner has sensory or mobility disabilities | The Order will exempt people with certain characteristics from complying with relevant restrictions. |
Jane Williams |
At the time the Order is made – suggested wording attached as Appendix D |
| Dog owner has un-liveried assistance dog and is unable to clear fouling or comply with any other restriction | Officers receive training about this aspect of enforcement. A FPN can be appealed and information submitted about mitigating circumstances. Appeals are determined by the service manager. A letter can be provided for the dog owner to carry to present if approached again by an officer. Dog owner will be supported in gaining appropriate livery for their dog. The FPN procedure will be reviewed to ensure that the above provisions are suitably clear. |
Jane Williams |
December 2020 |
| Dog owner has a liveried assistance dog and is unable to clear fouling or comply with any other restriction | The dog owner will not be challenged by the authorised officer other than to offer assistance. The FPN procedure will be reviewed to ensure that the above provisions are suitably clear. |
Jane Williams |
December 2020 |
| Dog owner with limited understanding of written English | Review to provide clear unambiguous signage, suitably located and in adequate numbers using internationally recognised symbols. Simple clear font of a suitable and appropriate size will be used. Provision of information on website and leaflets which are easy to understand. Website also has Read Speak facility. |
Jane Williams |
April 2021 |
| Dog Owner with limited understanding of English (where English may not be their first language) | Authorised Officers that carry work owned mobile phones will be asked to obtain the speak and translate style app for use in such circumstances |
Jane Williams |
December 2020 |
| Achieving consistent enforcement | Ensure all officers involved in enforcement activities are familiar with requirements of the PSPO. That they are confident and suitably trained in dealing with vulnerable people and/or those with disabilities and understand when discretion should be applied in order to achieve fair and consistent outcomes Regular training of all authorised officers including equalities (last training February 2020). |
Jane Williams |
On-going
|
| Use of bins, their location, height and emptying | Dorset Council litter bins are signed to advise they can be used for the disposal of wrapped dog fouling. Signage will be checked as part of implementing the PSPO The PSPO requirement is that the fouling should be cleared and adequately disposed of. This can include taking home and disposing of in the household waste stream. The provision of bins for dog fouling only is undertaken by some Parish and Town Councils under separate emptying and disposal arrangements. Information about the disposal of dog fouling is provided on the council’s website. |
Dorset Waste, Parish and Town Councils |
On-going |
| Inability to exercise dog in locality due to PSPO restrictions. May be exacerbated by reduced mobility; lack of transport etc. | Meeting a dog’s welfare needs includes providing the necessary amount of exercise each day, which in many cases will require dogs to be let off the lead whilst still under control. However, on-lead exercise and home play are as equally important, both of which have been used to significantly during the Covid-19 lockdown period. A dog can be walked under control on any pathway, footpath etc. in order to provide exercise. Proposed exclusion areas are only in locations where public safety Is required due to the number of people who may be present and due to public health considerations e.g. beaches/play areas/sports pitches. Most of these excluded areas have nearby options for off-lead exercise. Any locations where issues do become apparent will be reviewed when the next PSPO consultation takes place (maximum 3 years). |
Jane Williams |
On-going |
| Receipt of a number of emailed concerns on accessibility to Front Town Beach, Lyme Regis during winter months by dog Owners with mobility issues and the lack of alternative locations for off lead exercise | Officer to undertake a review of Lyme Regis beaches and surrounding area for accessible locations. Attached is Appendix E – a report on the beaches of Lyme Regis and some alternative nearby locations for exercising a dog off lead. Dependent on the nature of mobility, and tide, some options will suit better than others. Many of the emails were also concerned about the inability to obtain mental wellbeing. The dog owner will still have the ability to receive mental wellbeing by walking in the location whilst the dog will be stimulated by sights, sounds and odours, even if on a lead. Front Town beach still remains open to all dog owners (and other users) albeit dogs must be kept on lead. Assistance dog owners are likely to have their dog on lead to aid transition on the beach slopes and changes in path way height. |
Jane Williams |
November 2020 |
Who has agreed this EqIA?
| Role | Name | Date |
|---|---|---|
| Officer completing this EqIA | Jane Williams |
18 September 2020 |
| Equality lead | Susan Ward-Rice |
24 September 2020 |
| Equality and diversity action group chair | Pete Bartlett |
24 September 2020 |