With insurers NFU Mutual releasing their annual report next week which puts a figure on the cost to Scottish farmers of livestock worrying at a massive £330,000 for 2017, we consider what dog owners can do to ensure that they are exercising responsible access to land and the consequences for them (and their dogs) should they fail to do so.
With the unexpected weather we've had this summer many of us have been spending more time outside than ever. For many, walking is the preferred method of exploring the Scottish countryside, with surveys showing that approximately 48% of adults visit the outdoors at least once a week and many are accompanied by their dog or dogs.
Whilst the majority of dog owners exercise both themselves and their animals responsibly, recent rural crime figures highlight a 67% increase in instances of dogs chasing, attacking or otherwise worrying livestock in the past two years. Data from insurers NFU Mutual puts a figure on the resulting cost to Scottish farmers last year at a massive £330,000. The true cost however could be much higher as farmers will not always have their livestock insured or, if they do, do not always make claims when such instances occur.
These instances of livestock worrying are therefore of huge concern to both landowners (be they farmers or estate owners) and dog walkers alike. With recent high profile incidents, such as the death of 37 lambs and the injury of a further 28 in Aberdeenshire, where the two dogs involved were shot and killed by the farmer to prevent further deaths, the issue of responsible public access to land is not only of importance to landowners but to the public alike.
1. So, what does the law say about the public taking access to land?
Under the Law Reform (Scotland) Act 2003, members of the public are permitted to take access to and be on land for recreational or educational purposes, providing these rights are exercised responsibly. Dog owners who live or walk their dogs in the countryside have to be particularly mindful of exercising responsible access.
2. What does responsible access mean for dog owners?
The Scottish Outdoors Access Code (the Code) offers ample guidance on this topic and generally advises that dog owners should not enter a field where livestock can be found, especially if there are young animals present. Owners should also be aware that cattle may react aggressively to anything they perceive as danger when they have dependant young calves, no matter how well behaved a dog may be, an alternative route should always be sought. If the walk does go through a field where livestock is present, dog owners should keep the dog on a short lead (2 metres or shorter) and under close control. This means that the dog should be kept close at heel even if usually responsive to commands. In addition, the owner should ensure that they and the dog stay as far away as possible from the livestock, and be prepared to leave by the shortest and quickest route in circumstances where there are aggressive cattle.
Whilst for many it is difficult to imagine their family pet as being capable of causing injury and in the normal course the majority of dog walking poses no problems, the importance of keeping dogs under proper control in farming areas cannot be understated, as it is a dog's natural instinct to chase. Dog owners who live in or near farming areas should ensure that dogs are safely confined to their properties and unable to escape.
Failure to keep a dog under control can lead to grave consequences, not only for farm animals and farmers, but also for owners who could witness their dog being shot. A survey of National Sheep Association members conducted with the Farmers Guardian found that nearly 30% of sheep worrying cases result in the death of a dog.
It is also important to bear in mind that in terms of the Dogs (Protection of Livestock) Act 1953 it is an offence to allow a dog to worry sheep and if found guilty, a conviction could carry a fine of up to £1,000 and, under certain circumstances, the Police may seize the dog. Furthermore, dog owners themselves may be found liable for the injury or damage caused by a dog's biting, savaging or worrying, and compensation may be payable to the affected farmer or landowner.
Of course, this can all be avoided if dog owners are familiar with the guidance provided in the Code and understand what is expected of them and, perhaps most importantly, the consequences of non compliance.
The content of this webpage is for information only and is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Morton Fraser LLP accepts no responsibility for the content of any third party website to which this webpage refers. Morton Fraser LLP is authorised and regulated by the Financial Conduct Authority.