Valhalla I need you

[rpickett]

Looking for some advice, legal if possible, thought I'd post here as it gets the most traffic.

If a dog kills/seriously injured a cat in it's own garden can the owner be prosecuted?

If a dog kills/seriously injured a cat in another garden can the owner be prosecuted?

My problem: I have two cats so does neighbour B, neighbour A has a dog who hates cats.
The dog keeps escaping from her garden and going into neighbour B's garden, this dog has to go through our garden to get there but it is blocked off at the end where I cant reach, Basically our neighbour A's fence doesn't go to the end of their garden but stops at our shed so the dog can get behind our shed through a gap to neighbour B's garden.
My cats usually play in Neighbour B's garden with their cats, today I had to stop the dog from attacking my cat.
I spoke to my neighbour several times about this over the last year (we get on rather well) and asked about them replacing their fence as the dog can also jump it, to which they said they can't afford to do it so we offered to pay half the costs even though it's their responsibilty (we are responsible for the one going from our garden to Neighbour B) and they keep coming up with excuses.
I don't really want to report the dog as she is a sweet thing and great with everything except cats and her particular breed is reknown for being put down, but at the same time she escapes on nearly a daily basis and it's not the first time she has cornered a cat.
Any advice appreciated.

A few years ago, a neighbours dog came into my garden (over a fence) and killed my cat. The police said it wasn't a crime.

Yes, they can be prosecuted, RP. Under the new Animal Welfare Act, the dog owner would be liable if:

(a) an act of his, or a failure of his to act, causes an animal to suffer,
(b) he knew, or ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,
(c) the animal is a protected animal, and
(d) the suffering is unnecessary.

Not only could he reasonably be expected to know that his dog could kill a cat, he has been TOLD of it, he KNOWS his dog escapes and it is KNOWN that the dog hates cats. Therefore he is in deep shit should his dog kill your cats BUT... you don't want it to come to that.

If he is allowing his dog to continue to escape he isn't nice, no matter how friendly he comes across. He's putting your cats, your neighbours cats AND his dog at risk of harm. You've two choices as far as I can see it - either print out and hand him a copy of the Animal Welfare Act, together with a copy of a letter you have written telling him that his dog continues to access your garden despite you repeatedly asking him to contain the pooch and that he has acknowledged both that you have cats and that the dog is aggressive towards cats. Point out that the dog is trespassing as he has a duty in law to keep the dog under control and that you are keeping a copy of the letter and will be bringing charges under the Act if your cats are harmed by his dog. Add that you are sending a copy of the letter to the dog warden - and make sure you do.

Otherwise, get out there fast and put a fence up around ALL of your garden - even just a chainlink one from B&Q and meantime call the dog warden and ask him/her to visit you to view and advise and then to visit the neighbour to issue advice and/or a warning.

Personally I'd do both of the above on the grounds of a belt and braces approach as AFAIAC there is no excuse for allowing your dog to roam into other's gardens. The owner should take him into the garden on lead if the garden isn't secure.

It ain't rocket science, is it?!! :o Not to do so is pure bloody idleness which could cost a creature his life.

HTH

Val (with love from Esme, who is currently asleep on top on the Sky TV box, under the TV cabinet!).