//…any dog that bites a child is presumed to be 'dangerously out of control' and the hospital has a duty to report dog bites to the police.//
The Dangerous Dogs Act does not so clearly define whether a dog is “Dangerously out of control”, Barry. In fact it says this:
“For the purposes of this Act a dog shall be regarded as dangerously out of control on any occasion on which there are grounds for reasonable apprehension that it will injure any person or assistance dog, whether or not it actually does so…..”
The only distinction it makes regarding the severity of the offence is whether the dog injures any person (not restricted to a child) whilst being out of control. If it does the owner and/or person in charge of the dog commits an aggravated offence and is liable to a stiffer penalty. Case law has determined that a dog being “dangerously out of control” is not strictly restricted to this definition but that a court can also take account of the normal understanding of that phrase. If the allegation is disputed it would be for a court to decide that as a finding of fact.
Hospitals are not compelled by law to report dog bites to the police. But most of them have a code of practice which instructs staff to do so. Again, this is not normally restricted to bites to children.