e'AJScottish A-liJJBorders �COUNCIL

Philip Lamont Please ask for: Bethany Lloyd Scottish Government Our Ref: Your Ref: E-Mail: B 08/06/2018 Date:

Dear Sir,

Re: Control of Dogs

Further to MSP Annabelle Ewing's letter dated 1 oth May 2018, please find enclosed Council's comments on the use of powers contained within the Control of Dogs () Act 2010 and opinions on the effectiveness of said Act.

How your local authority makes use of the powers contained in the 201 O Act?

Since 2014, Scottish Borders Council has employed a full time equivalent authorised officer in the role of Dog Control Officer (DCO). Prior to this date and since the introduction of the Control of Dogs (Scotland) Act 2010, an officer was authorised to fulfil this function along with other duties. Scottish Borders Council is satisfied that the persons appointed into the role are skilled in the control of dogs and have the capacity to instruct and advise others in matters relating to the control of dogs.

The Control of Dogs (Scotland) Act 2010 allows the DCO to investigate complaints concerning out of control dogs. Our understanding of the purpose of the legislation is to prevent out of control dogs from becoming dangerously out of control. All complaints received by Scottish Borders Council are fully investigated to obtain the necessary evidence or are referred to if the complaint falls outwith the remit of the 2010 Act. Statements are obtained from all willing parties witness to the incident and the offending dog is assessed and its behaviour observed. Once all the pertinent information is received and the incident has been fully investigated, the DCO makes the decision as to whether a Dog Control Notice is served, an advisory notice is issued, a destruction order is to be sought or no further action is required. For a Dog Control Notice to be served there must be evidence that the dog is not being kept under control effectively and consistently and its behaviour gives rise to alarm or apprehensiveness on the part of any individual, and the individual alarm's or apprehensiveness is, in all the circumstances, reasonable. All the elements must be met for a Dog Control Notice to be served.

The Control of Dogs (Scotland) Act 201 O also provides the power for a Dog Control Notice to specify what prescribed steps must be taken in order to bring the dog under control and for the monitoring and enforcing of Dog Control Notices. The DCO undertakes regular monitoring through visits, the re-assessment of dogs, telephone calls and dog trainer reports. A suspected breach of a Dog Control Notice is investigated in line with Council policy and a report submitted to the P rator Fiscal if there is evidence to corroborate the breach. - J! Council Headquarters, Newtown , MELROSE, Scottish Borders, TD6 0SA Customer Services: 0300 100 1800 www.scotborders.gov.uk