Investigations, warnings and dog control notices actioned during 2017 for out of control dogs

Mr T. Tennant made this Rhyddid Gwybodaeth request to Aberdeen City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Dear Aberdeen City Council,

For the year 2017 please supply me with -

a) The number of investigations carried out into possible “out of control” dogs.

b) The number of warnings issued for “out of control” dogs and please break this figure down by breed.

c) The number of dog control notices issued for “out of control” dogs and please break this figure down by breed.

Yours faithfully,

Mr Thomas Tennant

Foi Enquiries, Aberdeen City Council

2 Atodiad

Dear Mr Tennant,

 

Thank you for your request for information, made under Section 1(1) of the
Freedom of Information (Scotland) Act (FOISA), and received on 26 March
2018.

 

We would like to ask you to clarify your request so that we can identify
and locate the information which you have requested. Under Section 1(3) of
the FOISA, we do not have to supply you with the requested information
until you have provided us with more detail in this respect.

 

For the year 2017 please supply me with -

 

a)            The number of investigations carried out into possible “out
of control” dogs.

b)            The number of warnings issued for “out of control” dogs and
please break this figure down by breed.

c)            The number of dog control notices issued for “out of
control” dogs and please break this figure down by breed.

We would be extremely grateful if you could confirm whether the attached
response to a separate request (EIR-18-0408 – Dog Control Notices)
provides the information you are looking for?

 

We would also be grateful if you could confirm what you mean by ‘out of
control’ dogs?

 

Clarifying these points will help us to be sure we are providing, where
possible, the information you are interested in.  Please note we will keep
your request on file for 20 working days whilst we await your
clarification.  It can often be helpful to discuss your request with a
member of our team who may be able to help you frame your request or
explain more about how ACC holds its information; if this is something you
feel may be helpful please do call us, and we will be happy to assist you.

 

We look forward to hearing from you.

 

Yours sincerely,

 

Anna Buchan

Information Compliance Officer

 

Information Compliance Team | Customer Service | Corporate Governance
Aberdeen City Council, Business Hub 17, 3^rd Floor North, Marischal
College, Broad Street, Aberdeen, AB10 1AQ
Tel 03000 200 292
Email [1][Aberdeen City Council request email]

[2]www.aberdeencity.gov.uk

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

 

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attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

Thank for your reply and I happy happy to clarify my request and indeed give some background as to why I am asking these questions.
I am looking into the effectiveness of dog control law and regulations with a view to writing to all members of Scottish Parliament. The Control of Dogs (Scotland) Act 2010 gives powers to local authorities to issue "dog control notices". The clarification you require as to what I mean by "out of control" dogs is that I mean what is defined by the 2010 Act as described here https://www.legislation.gov.uk/asp/2010/9

It is also my understanding that Council's may on occasion just give a warning rather than a formal dog control notice and this is why I asked for warning as well as DCNs. I also assume that there will be occasions where an incident is investigated and found not to require either a warning or a DCN because it was not sufficiently serious - hence me asking for total investigations.

As to the redacted information you sent it is not sufficient because it appears to only deal with actual DCNs issued and also the total of DCNs (6) does not tally with a previous request I made asking simply for the number of DCNs issued during 2017 (I was notified 13). I did however find the background information useful and if the 2017 incidents represent the sum total of all DCNs and investigations and you can confirm this and also that there were no warnings given then it would be sufficient - if this is so please confirm previous figure of 13 DCNs given to me for 2017 was incorrect.

Yours sincerely,

Mr T. Tennant

Foi Enquiries, Aberdeen City Council

1 Atodiad

Dear Mr Tennant,

 

Information enquiry reference EIR-18-0529.

 

Many thanks for your recent clarification of your information request,
which we received on 28 March 2018. 

 

The scheduled date for our response to your request for information is on
or before 26 April 2018.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

Anna Buchan

Information Compliance Officer

 

Information Compliance Team | Customer Service | Corporate Governance
Aberdeen City Council, Business Hub 17, 3^rd Floor North, Marischal
College, Broad Street, Aberdeen, AB10 1AQ
Tel 03000 200 292
Email [1][Aberdeen City Council request email]

[2]www.aberdeencity.gov.uk

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

 

 

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

1 Atodiad

Dear Mr Tennant,

 

Thank you for your information request of 28 March 2018.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

 

I am looking into the effectiveness of dog control law and regulations
with a view to writing to all members of Scottish Parliament. The Control
of Dogs (Scotland) Act 2010 gives powers to local authorities to issue
"dog control notices".  The term "out of control" dogs is defined by the
2010 Act as described here https://www.legislation.gov.uk/asp/2010/9

 

It is my understanding that Council's may on occasion just give a warning
rather than a formal dog control notice and this is why I asked for
warning as well as DCNs. I also assume that there will be occasions where
an incident is investigated and found not to require either a warning or a
DCN because it was not sufficiently serious - hence me asking for total
investigations.

 

As to the information you sent (EIR-18-0408 – Dog Control Notices) it is
not sufficient because it appears to only deal with actual DCNs issued and
also the total of DCNs (6)  does not tally with a previous request I made
asking simply for the number of DCNs issued during 2017 (I was notified
13). I did however find the background information useful and if the 2017
incidents represent the sum total of all DCNs and investigations and you
can confirm this and also that there were no warnings given then it would
be sufficient - if this is so please confirm previous figure of 13 DCNs
given to me for 2017 was incorrect.

 

For the year 2017 please supply me with -

 

a) The number of investigations carried out into possible “out of control”
dogs.

In 2017 there were 312 complaints received by Environmental Health
relating to out of control or dangerous dogs.  Each complaint received by
the service is subject to an investigation.

 

b) The number of warnings issued for “out of control” dogs and please
break this figure down by breed.

ACC is unable to provide you with information on number of warnings issued
for “out of control” dogs, broken down by breed as it is excepted from
disclosure. In order to comply with its obligations under the terms of
Regulation 13 of the EIRs, ACC hereby gives notice that we are refusing
your request under the terms of Regulation 10(4)(b) – Manifestly
Unreasonable - of the EIRs.

 

In making this decision ACC considered the following points:

 

Each complaint would require interrogation of the actions carried out
during the investigation. This would take approximately 10 minutes for
each complaint resulting in 52 hours work, at a cost of £780. The level of
work, and associated cost, is seen as manifestly unreasonable to
undertake.

 

ACC would be happy to discuss ways in which you may refine your request,
so we can provide some information of interest to you within the maximum
cost limits. Please do contact the Information Compliance team, who will
be happy to advise you, if this is something you would like to pursue.

 

c) The number of dog control notices issued for “out of control” dogs and
please break this figure down by breed.

This information was supplied in response to EIR-18-0408 – Dog Control
Notices, it has been checked and is correct. EIR-18-0408 can be found
here:

 

[1]https://aberdeen-cms.cms-direct.firmstep...

 

As the number of dog control notices issued for “out of control” dogs,
broken down by breed is otherwise accessible on our website at the link
provided above, it is exempt from disclosure.  In order to comply with its
obligations under the terms of Regulation 13 of the EIRs, ACC hereby gives
notice that we are refusing your request under the terms of Regulation
6(1)(b)  - Information Already Publicly Available - of the EIRs.

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

As the information which you requested is environmental information, as
defined under Regulation 2(1) of the Environmental Information (Scotland)
Regulations 2004 (the EIRs), ACC considered that it was exempt from
release through FOISA, and must therefore give you notice that we are
refusing  your request under Section 39(2) of FOISA (Freedom of
Information (Scotland) Act 2002).  However, you have a separate right to
access the information which you have requested under Regulation 5 of the
EIRs, under which ACC has handled your request. Please refer to the
attached PDF for more information about your rights under the EIRs.

 

 

Information Compliance Team | Customer Feedback | Customer Experience
Aberdeen City Council, Business Hub 17, 3^rd Floor North, Marischal
College, Broad Street, Aberdeen, AB10 1AQ
Tel 03000 200 292
Email [2][Aberdeen City Council request email]

[3]www.aberdeencity.gov.uk

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[4]www.aberdeencity.gov.uk

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://aberdeen-cms.cms-direct.firmstep...
2. mailto:[Aberdeen City Council request email]
3. http://www.aberdeencity.gov.uk/
4. http://www.aberdeencity.gov.uk/