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

Mr T. Tennant made this Freedom of Information request to Angus Council

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

The request was successful.

Dear Angus 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

LEGDEM, Angus Council

Dear Mr Tennant

Thank you for your information request dated 24 March 2018 (received by Angus Council on 26 March 2018).

If we are unable to provide you with a response within 20 working days, we will advise you of this in writing.

Please refer to the information below which explains your right to complain if you are unhappy with how the Council is dealing with your request.

If you have any queries, please ask for me on 01307 476234 or email [email address]

Yours sincerely
Brenda Angus
_______________________________________________________________________________
Brenda Angus | Clerical Officer | Place Directorate | Legal & Democratic Services | Angus Council | Angus House | Orchardbank Business Park | Forfar | DD8 1AN | Tel: 01307 476234 |DX 530678 FORFAR|Email: [email address] ; [Angus Council request email]

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004
INSPIRE (SCOTLAND) REGULATIONS 2009

Your Right to Request a Review by the Council

If you are dissatisfied with the way in which Angus Council has dealt with your request for information under any of the above statutory instruments, you have a right to ask the council to review its actions and/or decisions regarding your request. If you wish to do this, you should make your request to the Head of Legal & Democratic Services, Place Directorate, Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or e-mail [email address] within 40 working days.

Your request must:
• be in writing (or recordable format);
• give your name and address for correspondence;
• give details of the information which you originally requested from the council; and
• give the reasons why you are dissatisfied with the way in which your application for information has been dealt with.

Your application for review will then be considered by the council’s review panel. The review panel will write to you informing you of its decision not later than 20 working days after receipt of your request for a review. The review panel will also provide you with a statement of its reasons for arriving at the decision it has made.

Your Right to Appeal to the Scottish Information Commissioner

If you are dissatisfied with a decision of the council's review panel (or where the review panel has not provided you with a response), you have the right to apply to the Scottish Information Commissioner for a decision as to whether your request for information has been dealt with by the council in accordance with the above statutory instruments.

Your application to the Scottish Information Commissioner must:
• be in a recordable format (letter, e-mail, audio tape etc);
• give your name and address for correspondence.
• give details of the request for information which you originally requested from the council;
• give details of why you were dissatisfied with the council’s response to your original request;
• give details of why you were dissatisfied with the decision of the council's review panel.

In the case of an EIR or FOI request your application to the Scottish Information Commissioner must be made within 6 months of receipt of the decision of the council’s review panel (or within 6 months of the date that the review panel should have responded). No such time limit applies under the 2009 Regulations.

Appeals to the Commissioner can be lodged online through the following hyperlink:
http://www.itspublicknowledge.info/YourR... or by contacting:

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611; Email - [email address]

show quoted sections

StewartM1, Angus Council

1 Attachment

Dear Mr Tennant

 

Request for Information

 

Thank you for your request for information dated 24 March 2018 (received
by the Council on 26 March 2018) which has been passed to me for
attention. 

 

You have requested the following information:

 

For the year 2017 please supply me with -

 

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

 

184

 

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

 

We do not hold this information.

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

 

2017 – 16 Dog Control Notices were issued (we do not record the breeds of
dogs as this is not relevant to the Dog Control Notices.  Dog Control
Notices are not issued because of the breed rather because of the action
of a dog – the deed not the breed)

 

In compiling responses to information requests we invariably use
information which is routinely published on the [1]Council’s website or
through its [2]Publication Scheme.  If you require further information
please first check that the information you want is not routinely
published as any such information is exempt from release in terms of
Section 25 of the Freedom of Information (Scotland) Act 2002 or Regulation
6(1)(b) of the Environmental Information (Scotland) Regulations 2004.

 

I hope that this information is of some help to you. Please note that the
information contained in this reply is believed to be accurate as of
today's date (unless otherwise indicated) but no warranty is given.
Further, Angus Council does not accept liability for any loss, injury or
damage which arises from the use of the information contained in this
reply either by you or by any other party. Please refer to the information
set out below which explains your right to complain if you are unhappy
with how the Council has dealt with your request. If you have any queries,
please contact me on 01307 473189  or e-mail [3][email address]

 

 

Michelle Stewart, Senior Administration Officer, RPPS, Communities, 1^st
Floor North, Angus House, Forfar DD8 1AN

Telephone: 01307 473189

 

ScamFreeAngus [4]Twitter Logo

 

 

 

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

 

Your Right to Request a Review by the Council

 

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Head of Legal & Democratic Services, Resources Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [5][email address] within 40 working days.

 

Your request must:

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[6]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [7][email address])

 

 

 

 

This message is strictly confidential. If you have received this in error,
please inform the sender and remove it from your system. If received in
error you may not copy, print, forward or use it or any attachment in any
way. This message is not capable of creating a legal contract or a binding
representation and does not represent the views of Angus Council. Emails
may be monitored for security and network management reasons. Messages
containing inappropriate content may be intercepted. Angus Council does
not accept any liability for any harm that may be caused to the recipient
system or data on it by this message or any attachment.

References

Visible links
1. http://www.angus.gov.uk/
2. http://www.angus.gov.uk/info/20300/freed...
3. mailto:[email address]
4. https://twitter.com/ScamFreeAngus
5. mailto:[email address]
6. http://www.itspublicknowledge.info/YourR...
7. mailto:[email address]

Dear StewartM1,

Whilst I thank you for the information provided I believe it is insufficient as it falls short of what I have asked for.

As I hope this can be sorted out out without formally asking for an internal review I will clarify what I am asking for and it's purpose.
I am looking into the effectiveness of dog control legislation and will be sending a report to all MSPs.

As I'm sure you know dog control notices are only intended as a last resort. The very fact that investigations take place acts a "warning" - this is an opinion expressed by Scottish Minister responsible for this area. However the data I am obtaining shows a wide variation between councils - so much so that you have to question how effective it is in some councils. You have supplied that information and I thank you for that.

I asked for the number of warnings and you stated you do not hold that information. I believe that Councils will address some complaints by asking dog owners to undertake improvements so that further formal action can be avoided. It is this that I am asking for - whether the word "warning" is used or not it is effectively still a warning. I believe that you will record that in case file for future reference so that it can be referenced if further issues arise. I also believe that the breed of dog will be recorded because not to do so could be source of contention should follow up action be required.
So as I have explained I believe you do hold this information and would ask you to supply it.

With respect to dog control notices you have supplied the number but state you do not record the breeds as it is not relevant to Dog Control Notices. Quite frankly I don't believe that the breed is not recorded in the case file because some sort of description will be necessary for identification. What if the owner has two dogs or gets another dog? You also state that it is the "deed not the breed" and whilst that is true in terms of current legislation it is not irrelevant in terms of my investigation. It seems to me you are censoring the information given on the basis of what you think is relevant and that is in breach of transparency.

I hope to hear from you so that this can be resolved.

Yours sincerely,

Mr Thomas Tennant

StewartM1, Angus Council

I am out of the office until Monday 16 April and I will respond to you if
necessary on my return. If your message is urgent, please contact 01307
473189. If you are making a request for information of any kind, please
redirect your e-mail to [email address].

 

This message is strictly confidential. If you have received this in error,
please inform the sender and remove it from your system. If received in
error you may not copy, print, forward or use it or any attachment in any
way. This message is not capable of creating a legal contract or a binding
representation and does not represent the views of Angus Council. Emails
may be monitored for security and network management reasons. Messages
containing inappropriate content may be intercepted. Angus Council does
not accept any liability for any harm that may be caused to the recipient
system or data on it by this message or any attachment.

StewartM1, Angus Council

1 Attachment

Dear Mr Tennant

 

Request for Information

 

Thank you for your request for information dated 24 March 2018 (received
by the Council on 26 March 2018) which has been passed to me for
attention. 

 

I have discussed this further within the service to establish whether this
information can be accessed in an easier way as the breed was captured
only as part of the action diary which did not allow us to populate and
extract reports on breeds.   As a result of the discussions we have now
revised our database in order to allow us to extract this information. 
However, in the following we provide you with information which we have
manually extracted.  I apologise that you were not provided with complete
information in response to your request.

 

You have requested the following information:

 

For the year 2017 please supply me with -

 

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

 

184

 

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

 

          2017 – 11 written warnings were issued.

 

Breeds

West Highland terrier

Rottweiler cross

Unknown

Staffordshire Bull Terrier x 3

Caucasian

Lurcher

Labrador

Alsatian

Boxer Cross

 

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

 

2017 – 16 Dog Control Notices were issued.

 

Breeds

Lurcher/English Wolfhound Cross

Staffordshire Bull Terrier x 4

Alsatian

Lurcher x 2

Akita x 2

Labrador x 3

Collie

American Bull dog

German Shepherd

 

In compiling responses to information requests we invariably use
information which is routinely published on the [1]Council’s website or
through its [2]Publication Scheme.  If you require further information
please first check that the information you want is not routinely
published as any such information is exempt from release in terms of
Section 25 of the Freedom of Information (Scotland) Act 2002 or Regulation
6(1)(b) of the Environmental Information (Scotland) Regulations 2004.

 

I hope that this information is of some help to you. Please note that the
information contained in this reply is believed to be accurate as of
today's date (unless otherwise indicated) but no warranty is given.
Further, Angus Council does not accept liability for any loss, injury or
damage which arises from the use of the information contained in this
reply either by you or by any other party. Please refer to the information
set out below which explains your right to complain if you are unhappy
with how the Council has dealt with your request. If you have any queries,
please contact me on 01307 473189  or e-mail [3][email address]

 

 

Michelle Stewart, Senior Administration Officer, RPPS, Communities, 1^st
Floor North, Angus House, Forfar DD8 1AN

Telephone: 01307 473189

 

ScamFreeAngus [4]Twitter Logo

 

 

 

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

 

Your Right to Request a Review by the Council

 

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Head of Legal & Democratic Services, Resources Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [5][email address] within 40 working days.

 

Your request must:

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[6]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [7][email address])

 

 

 

This message is strictly confidential. If you have received this in error,
please inform the sender and remove it from your system. If received in
error you may not copy, print, forward or use it or any attachment in any
way. This message is not capable of creating a legal contract or a binding
representation and does not represent the views of Angus Council. Emails
may be monitored for security and network management reasons. Messages
containing inappropriate content may be intercepted. Angus Council does
not accept any liability for any harm that may be caused to the recipient
system or data on it by this message or any attachment.

References

Visible links
1. http://www.angus.gov.uk/
2. http://www.angus.gov.uk/info/20300/freed...
3. mailto:[email address]
4. https://twitter.com/ScamFreeAngus
5. mailto:[email address]
6. http://www.itspublicknowledge.info/YourR...
7. mailto:[email address]