Dog Attack - Has An Offence Been Committed?

[fudgetec]

My daughter's cat was attacked outside its home and killed by a dog being walked on a lead. The cat's neck was broken when in the dog's jaws. The police were informed, but said there was nothing they could do as it was "just animal instinct". Surely an offence has been committed as the person walking the dog failed to control it. Any advice or opinion appreciated.

[hc4361]

jj109, this question has been posted in the law section and is not asking for your opinion.

The law states that it is illegal for a dog to be dangerously out of control in a public place.

The law states that a dog is dangerously out of control if it attacks someone's animal.

https://www.gov.uk/control-dog-public/overview

There has been cases where a cat has been killed and the law has deemed that no offence has been committed because it is a dog's natural instinct.

However, for an offence to be committed, it would need to be proved that a human had encouraged an animal to attack another animal, declined to take reasonable steps to prevent the attack, or had allowed their own animal to be dangerously out of control in a public place.

So, if you or any other witness saw that the owner did nothing to prevent the attack then an offence has been committed. It could have happened so quickly that there was nothing the dog owner could do.

I suggest you call the police again and see if a different officer has a different opinion. As always with the law, there are grey areas.

[Old_Geezer]

Whilst I'd not know, if the dog was on a lead then one assumes that the owner did all in their power to prevent the situation. So I would think there was no offence, but a tragic event. Surprised the cat didn't stay well away.

[wolf63]

I know someone whose cat was sleeping on the doormat outside the house. A dog saw it, chased it into the house and attacked it.

The dog owners were horrified and took the dog to be put to sleep right away. The cat (very old cat) died later that day.

Both my dogs were cat chasers but both were unlucky enough to catch up with a cat. In each case it was canine blood that was spilled and the cat was unharmed. It cured both of them of cat chasing.

I feel for your daughter (I would be very upset and angry if it happened to either of my cats) but she is unlikely to get anywhere legally.

[fudgetec]

Thank you for your helpful responses. They are appreciated.

[Jackdaw33]

I am surprised at this. Most cats I know can easily outrun dogs. They leap onto a wall, just out of doggie reach then proceed mercilessly to tease the hapless hound.

[Islay]

Does it come down to the status of the cat in the eyes of the law?
If you run a dog over it is an offence not to report it but not an offence if you run the cat over.
Try ringing the police again but if they refuse to action the complaint I am not sure what option is left to you.

[Khandro]

How awful for you, you have my sympathy, but it isn't possible to see what outcome you could gain from a prosecution; that cat has sadly gone, the dog would not be put down and a fine wouldn't really mean very much.
I think the owner ought to give you his profound apologies and maybe a bunch of flowers.