CIRC 070: TRANSPORTATION OF SERVICE DOGS

Members have raised an ongoing concern that prison dogs are being transported in unsuitable vehicles, with inadequate ventilation or cooling and in cages that may be too small to protect their welfare.

Legal Advice

We have obtained specialist Counsel’s advice on the potential liability of dog handlers and HMPPS.

Counsel has advised that, under section 4(2) of the Animal Welfare Act 2006, a person responsible for an animal may commit an offence if they permit another person to cause the animal unnecessary suffering or fail to take reasonable steps to prevent such suffering.

Accordingly, both handlers and HMPPS may be exposed to criminal liability.

What POA is doing

The POA is writing to James Mc Ewen, Chief Executive of HMPPS, as the person responsible for the effective operational running of the prison estate and, in our view, ultimate responsibility for the welfare of dogs owned by the estate.

We are drawing to HMPPS’ attention that Area Dog Units have been provided with suitable transport, including air-conditioned vans and appropriately sized cages, while local units have not. Many local handlers are required to travel significant distances from their home prison to other prisons for operational reasons. These are often not short journeys from home to work. Officers therefore face a serious conflict: their dogs are needed to support the safe operation of prisons, but the available transport may place the dogs’ welfare at risk through unsuitable cages, inadequate temperature control, and potentially unlawful travel arrangements.

Officers cannot reasonably be expected to personally retrofit or replace private vehicles that they have been permitted to use for transporting HMPPS dogs, particularly where those vehicles cannot accommodate appropriately sized cages.

We are asking HMPPS to acquire or make available appropriate vehicles for all handlers, in line with the recommendations received. Officers should not be placed in the position of choosing between operational requirements, their employment security, and the welfare of the dogs, nor should they be exposed to potential criminal liability arising from inadequate transport arrangements.

In the meantime, handlers may wish to consider the following steps where reasonable and practicable:

1. Purchase cooling mats, cooling jackets, or temperature alarms for use in the officer’s own vehicle.
2. Adapt the vehicle, where possible, to help keep the dog cool during hot weather.
3. Replace the vehicle with a suitable alternative if that is reasonable and practicable.

What Next

We will update members once a response has been received from HMPPS. In the meantime, if you have any queries, please contact the POA for further guidance.

Yours sincerely

MICK PIMBLETT
Deputy General Secretary