To think my dog is doing his job....

[Notjustamam]

So I’m going to try and cover everything. Moved into a new house a year ago. Was an emergency move due to escaping violent ex.
House was/is a complete state. Inside and outside require thousands to make it ‘home’
Anyway.... house is local authority. Both ndns own their property. Ndn1 (joined to my semi detached) is a lovely old woman. Completely understanding of the fact we have 5dc and a lot of work to do.
Ndn2 is a complete dick. Since the day we moved in he has complained to the council about EVERYTHING. The hedge is too high (was when we took the property) we cut the hedge, he complained about bin bags with the cuttings in. Back garden is all weeds (was when we moved in) council advised him we have a lot of work to do inside so outside is last on the list.
We share a walkway to the rear gardens. My garden is fenced, his isn’t. About 3 months after we moved in dd1 left her bike on the walkway. It disappeared within 10 mins (cannot be seen from the street) police spoke to him. He claimed no knowledge but council have, basically, stopped acknowledging his complaints.
Fast forward to last month. We went on holiday and left a family friend pet sitting. We got home and ended up with police at the door. Ndn2 has made a complaint that our dog jumped up at the gate and barked at him as he was entering his property therefore he is a dangerous dog.
I am livid! Firstly, the dog is there to protect the property/family. He always barks if someone comes to front door or comes down the walkway.
Secondly, how is a dog that is fenced in dangerous?
Thirdly, I think if ndn2 has an issue he should have raised it with us rather than getting police involved.
Ndn1 btw, is totally on our side and says ndn2 caused issues for previous tenants who were elderly, disabled and, eventually widowed to the day the property was vacated.
My aibu is: police agree that it was a waste of resources, ndn2 is known for causing issues but they want us to sign a statement saying dog will only be out in public with dp or my supervision just to appease ndn2. I want to refuse as dog is not dangerous, my older dcs love walking him, and ndn1 has agreed to back us up.
Dp wants to sign to stop the whole thing.
Advice please....

From the little I know of dog behaviour your ndn should be glad your dog is barking. It is the silent ones that he should be worried about.

Dog barking means they are telling the leader of the pack that someone is there and for the leader to deal with it.

Silent ones can mean they don't need any one. They will take care of the "intruder"

@Oliversmumsarmy
Pack theory is outdated and now disproven. Dogs don't see people as pack leaders or dominant. The dog could be barking as it is scared, aggressive or excited. We can't tell on here.

Does the neighbour need to come in through the gate to access shared entryways or something? If he doesn't I wouldn't worry. If the police had actually said that he's wasting police time I would certainly not be signing anything. My mum has a similar neighbour. The police came round to see my mum over silly little things and my mum got very upset about it. I was there once, and asked whether it was a police matter or civil, they said civil. I said that if it was civil why were they upsetting my mum and that if it continued I would be putting a complaint in to the police (because I think the neighbour got off on my mum being "told off" by the police). We also sent a letter to the neighbour after consulting a solicitor saying that we had spoken to both the police and a solicitor to confirm that my mother had done nothing wrong, and if the neighbour didn't stop harassing my mother we would start legal proceedings. Touch wood, for the past year it has all stopped.

I also have dogs, they bark if anyone comes to the gate or the door, I won't tell them off, there have been plenty of robberies around here. If I were you I'd put a CCTV camera trained on your back gate that can back up the fact that the neighbour is lying about the dog - and perhaps catch him moving any left bikes etc.

@Notjustamam
See a trainer asap and desensitise your dog to people walking past the gate. It wont stop him doing his job.
Put up CCTV. And never, ever let your Ddog out without first checking for bait.

Really, you can be prosecuted if your dog jumps up inside a fenced garden? That is insane. On that basis surely all fenced animals must be under control at all times. Cows? Bulls? Horses?

“Really, you can be prosecuted if your dog jumps up inside a fenced garden?”

If it’s reasonable that whoever they’re jumping at could be frightened they might get hurt, yes... dogs can jump over gates and fences or fit through gaps...

“That is insane”

It is a bit, but they passed it a few years ago and given it’s less insane than breed specific legislation and so far that’s still in place after several decades I’d assume it’s here to stay.

“On that basis surely all fenced animals must be under control at all times. Cows? Bulls? Horses?”

No, they’re livestock and subject to different laws entirely.

How high is the fence/gate, and is it solid, or are there gaps?

A dog barking and jumping at a six foot solid fence/gate shouldn't be an issue, but a dog barking and jumping at a three foot picket fence/gate could definitely be seen as intimidating to others passing by.

Ndn2 does not not need to use this access. He chooses to.
My dc have had to give up using it because they are scared of losing bikes, scooters and their dog

I would be very, very wary of signing any sort of control order for your dog without getting some legal advice first. I would assume that doing so is in effect an admission that your dog was out of control. Then if another incident were to be reported, your dog has already had an official blot on his copy book. The police might want to smooth things out simply for the NDN, but that doesn't necessarily make it sensible for you or your dog to go along with the path f least resistance. If the police feel his complaint is baseless, why on earth should you sign something which could be used against you and your dog by what sounds like a vindictive trouble maker (NDN) in the future?
Check out www.doglaw.co.uk Run by Trevor Cooper, the leading dog law specialist in the country and get some advice from them before doing anything

I'm afraid that is the threshold. Someone has to worry that they might get hurt. A dog doesn't need to scratch or bite or do anything very much. It's the law.
My dog isn't out without me supervising. If she made a noise she would be back in. If it was a habit then she wouldn't be allowed out without a longline on.
We have to walk past a house that has two (probably bored and not exercised small dogs.) They go batshit every time we go past and my daughter is terrified. Won't walk past without sticking her fingers in her ears and cowering away from the fence. It's anti social. The dogs aren't protecting the property. We aren't on their property.

Take heed of what the police are telling you. In not so many words they have told you what his next raft of complaints are going to be about and how to prevent it turning into a he said she said and the poor dog ends up being the loser.
The legislation is rather woolly in one area.
Your dog is considered dangerously out of control if it:

injures someone
makes someone worried that it might injure them
A court could also decide that your dog is dangerously out of control if either of the following apply:

it attacks someone’s animal
the owner of an animal thinks they could be injured if they tried to stop your dog attacking their animal

The part in bold is the area your neighbour is going for. He has already failed with the won't someone think of the children approach. So if your dog is out again unattended he can now try he feared he was going to be attacked. This is for your dogs protection, because if he manages to stumble on the correct combination of words to make his complaint seem genuine, at best you will then have to muzzle your dog when outside and it will have to be on a lead as well, even in your own garden. Or, if he gets a sympathetic ear your dog will be destroyed. All he needs is one person to take him seriously on this, it's just not worth that risk. With any other claim you can rectify it with evidence you will now be collecting of every threat he makes or note he posts. A posthumous pardon for the dog is a bit empty.

So he is legally allowed to use the access? ie, he has access? In that case it's a totally different ballgame. Unless you can fence off the garden in a way that the neighbour can use the access without being near the dog. If you can't fence off the access the. You can't leave the dog there unattended, you can't guarantee the dog won't jump up at him etc. It doesn't matter whether he NEEDS to use the access or not - he is probably just doing it to annoy you, but he is perfectly entitled to.

The specific legal issues concerning the dog I am not qualified to comment upon despite being a lifetime dog owner. However don't get too stressed about them at this stage. Remember that in any legal situation you have rights too.
Like any other dog owner you also have responsibilities. As others have said it would be as well to be able to demonstrate that you take these responsibilities seriously.
So judicious use of a lead, attendance at a local dog training class or club, consulting a dog behaviourist, undertaking some socialisation training with your dog are all activities that demonstrate that you are trying.
I suggest that you go into your local vets ( I used to be one!) They should be sympathetic and point you in the right direction.
If, in the extreme, things start to get rough I know that there are veterinary surgeons and law firms that will take on the defence of the "condemned" dog but it sounds as if you are a long way from that.
I think your policeman's comment sounds a bit throwaway and well, not properly thought through. Not his fault - just a bit of shorthand.

Our sons have both taken on rescued dogs of unknown history that had been shoved from pillar to post and had experienced abusive homes. With the help of good professionals they have got all three of them round to being perfectly well adjusted family companions.
You have intimated that you and yours have escaped from a violent home.
Dogs are very sensitive to verbal and physical violence. If your dog witnessed any of this then that would explain why your dog is defensive around you and your space.
So I suggest that you definitely need to tackle this and I would start with a qualified canine behaviourist.
Best of luck and try not to get down hearted.

Yep I agree it doesn't matter whether he needs to use it. A reasonable person may wish to avoid it to avoid winding the dog up. But if he's allowed to legally use the access then he should be able to do so.
A higher gate?
Fence off the gate from the main garden so the dog can't get to it?
Longline?
Training and exercise to tire dog out?
Don't leave dog out unattended?
Neighbour may be being difficult but it would be awful for your dog to suffer because of that.

“So he is legally allowed to use the access?”

It makes no difference as far as the dog is concerned, people don’t need to have right of access - as long as they’re not acessing your property to commit a criminal act, the law applies equally to dogs on their owners property.

Unfortunately your dog is not a registered guard dog, therefore regardless of how safe he makes you feel, if othrt people feel (or claim to feel) threatened by him you are risking his life.

Only advice i can give is don't let him in thr garden unsupervised, or fence off an inner section of the garden so that if he jumps he isn't at the main fence. Personally i wouldn't sign the police form tho

Can you report the neighbour for harassment?
You need to get your dog under control though, it should not be barking whenever anyone knocks at the door/passes by. How bloody antisocial any annoying. I actually pity your neighbour having to listen to that.

I understand about the DAD legislation but surely the key word is reasonable?

People need a reasonable fear that they're in danger from the dog.

I would argue that if dog is behind a secure fence then any fear isn't reasonable. I'd see a solicitor and see about them writing a letter to your neighbour along the lines that he's harassing you.

I wouldn't sign the form either. I would getl legal advice re harassment though. You could try Citizens Advice Bureau or there is a helpful FB group called Beat the Bailiffs that seem to cover more than debt, but other problems too.

I would second getting legal advice. NDN sounds awful. Especially regarding the dog. And I wouldn't be signing anything unless you have advice from a solicitor.

Friend had fallen asleep and left her dog out in the garden.
Waking in darkness when she heard ddog barking.
She let ddog in and thought nothing about it.

Later that night she saw police outside her neighbours house. They had been burgled. Friend was left wondering if ddog hadn't barked what would have happened if burglers had got into her house and she had woke

And as you said that the Police Officer who came stated that your dog WAS under control, I 100% wouldn't be signing anything without advice. Sounds like a box ticking exercise by the Police to me.

The dog is supervised at all times and is definitely not ‘out of control’ Housesitter was present when the alleged incident occurred and received a torrent of abuse from ndn. He cannot jump the fence or get out of garden any other way

If a dog jumped up at a fence in an alley way i would be scared. that doesn't change just because your neighbour happens to be a dick, because he is. but the dogs behaviour would scare and threaten me. the law says you have to stop him doing it. tis that simple really.

How high is your fence? If somebody can see your dog's feet/head over the fence as they jump then unfortunately that is enough to allow them to claim fear. Unless you have a 6ft fence so your dog is just a voice behind a fence, the person supervising must keep him away from it. Barking isn't so much of an issue if the dog is under control.

I understand totally how barmy it all is, i had one of my foster dogs reported by a neighbour because she hated his breed; despite him always being on a lead (communal garden) i had a fight on my hands to prove that he hadn't so much as looked at her, let alone attacked her as she claimed.