Every year the Ramblers’ Association receives a substantial number of reports of intimidation and/or attack by animals in the countryside. Even without causing physical damage an animal can still prevent a member of the public from exercising his or her right to use and enjoy a right of way. The aim of this note is to explain what protection is given under current legislation, and also to offer advice and guidance on dealing with animals that are aggressive or that constitute a nuisance.
A brief overview of the law
1. The keeping of dangerous animals is subject to restrictions and liabilities under a number of different Acts. The Dangerous Wild Animals Act 1976, section 1, states that ‘no person shall keep any dangerous wild animal except under the authority of a licence granted in accordance with the provisions of this Act by a local authority’. The schedule to the Act lists those species to which the law applies (subject to amendment by the Secretary of State), including, for example, ostriches, bears and poisonous snakes. These animals must be kept in secure accommodation where they will not come into contact with members of the public, and so must never be allowed on, or near, a right of way. Any breach of the law should be reported to the licensing authority, usually the unitary authority, district or borough council.
2. Liability for injury by a dangerous animal is imposed in the Animals Act 1971. This has wider application than the Dangerous Wild Animals Act in that it applies to any animal with a known tendency to cause injury or harm. Thus the animal may belong to a dangerous species, or it can be a domesticated animal possessing dangerous characteristics ‘which are not normally found in animals of the same species or are not normally so found except at particular times or in particular circumstances’: for example, during the mating or lambing seasons. The owner of the animal must be aware of these characteristics before the incident takes place, and the resulting damage must be of a kind which could be anticipated or was likely to be severe. Knowledge of such characteristics will depend on the type of animal, its past behaviour and any external factors that are likely to provoke an attack. It is therefore important to report all incidents to the highway authority so that a landowner cannot later say that he or she has no knowledge of its occurrence.
3. If an animal causes unreasonable interference with the use of a right of way it may constitute a nuisance under common law. Local authorities have a duty to deal with nuisances reported to them by serving an abatement notice on the person who is responsible. Failure to comply with the notice results in an offence being committed and the person can then be fined.
Cattle in fields with public access
4. In the period 1990-1998 the Health & Safety Executive (HSE) reported 18 cases in which members of the public were attacked by cattle in fields. It is of the utmost concern that almost half of these incidents were fatal. Although there are specific legislative restrictions on the keeping of bulls, these do not apply to cows and bullocks, which can also be very aggressive. This section gives advice on minimising the risk of an attack by all types of cattle, as well as summarising relevant aspects of the law.
5. Section 59 of the Wildlife & Countryside Act 1981 bans the keeping of bulls in fields crossed by a right of way, except if they are:
- under the age of 10 months; or
- not of a recognised dairy breed, provided that they are accompanied by cows or heifers.
‘Recognised dairy breeds’ are defined as the following: Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry (see page 78 of Navigation & Leadership (4) for an identification chart showing these breeds).
6. Under section 3 of the Health and Safety at Work Act 1974, both employers and self-employed persons have an obligation to ensure that people outside their employment, or work activities, are not exposed to unnecessary health and safety risks. They must make an assessment of potential risks in order to comply with the Management of Health and Safety at Work Regulations 1992 (Statutory Instrument 1992 No 2051), and identify measures that can be taken in order to minimise them. The Agricultural Inspectorate of the HSE issues advice and information on controlling the hazards associated with keeping cattle in areas with public access, and should be notified of any problems, along with the police and highway authority.
7. The Ramblers’ Association offers the following suggestions for walkers concerned about their safety when encountering cattle in the countryside. It is worth emphasising that the majority of attacks occur when dogs are present or cows are acting in defence of their calves:
- Be prepared for cattle to react, and, where possible, walk carefully and quietly around them - do not split up a clustered group.
- If you have a dog with you, keep it under close control, but do not hang on to it should a bull or cow start acting aggressively.
- Cattle will usually stop before reaching you. If they do not, just carry on quietly, and do not run.
- Should a bull or cow come up very closely, turn round to face it. If necessary take a couple of steps towards it, waving your arms and shouting firmly.
- Above all, do not put yourself at risk. If you feel threatened, find another way round, returning to the original path as soon as is possible.
- Remember to close gates behind you when walking through fields containing livestock.
- If you are attacked or suffer a frightening incident, report this to the landowner and the highway authority, and also the HSE and police if it is of a serious nature.
- Keep the Ramblers’ Association informed of any problems that you experience.
Dogs
8. Dogs have been taken on highways since time immemorial, and it seems likely that, if ever challenged in the courts, they would be considered a ‘usual accompaniment’ and hence permissible on footpaths. There is no law specifying that they must be kept on a lead, but local authorities can make an order under section 27 of the Road Traffic Act 1988 to introduce this as a requirement on designated highways. Additionally, the dog must be allowed to walk only along the line of the path. An act of trespass may be committed against the land holder if it wanders too far away from the official route.
9. Walkers with dogs should take particular caution when crossing through fields containing livestock. Section 1 of the Dogs (Protection of Livestock) Act 1953 makes it an offence for a dog to be at large, ‘that is to say not on a lead or otherwise under close control’, in a field or enclosure containing sheep. It is also an offence for dogs to attack or chase livestock, and farmers are permitted to shoot dogs that are worrying, or are about to worry, farm animals. This is outlined in the Animals Act 1971 section 9, which also states that the farmer is not liable to compensate the dog’s owner in such circumstances.
10. If you are out on a walk with your dog, as at all times, adhere to the country code. Be particularly vigilant during the breeding and nesting seasons, and do not allow your dog to run through crops, hedgerows or undergrowth where it may harm or disturb wildlife. Extra care should be taken on bridleways and byways where dogs may frighten horses, or be at risk from vehicular traffic.
11. Dog owners have a duty to ensure that their animal does not threaten or harm a member of the public. The Town Police Clauses Act of 1847 made it an offence for ‘any unmuzzled ferocious dog’ to be at large in any street (this term is defined as including any ‘public passage’, and therefore covers all rights of way). Restrictions can be placed on dog ownership under the Dogs Act 1871 if the animal is found to be out of control. A magistrates’ court is empowered to make an order for a dog to be destroyed, and, by means of the Dangerous Dogs Act 1989 can also ‘make an order disqualifying the owner from having custody of a dog for such period as is specified in the order’. Further to the Dangerous Dogs Act 1991, section 3, such an order can be made regardless of whether or not the dog has actually injured someone. The court can also specify what measures should be taken to keep a dog under control.
12. Separate legislation was drawn up in 1975 to regulate the use of guard dogs on private property, and it is only permissible to use dogs for protecting a dwelling house, building or agricultural land, unless the dog is tied up securely or is being controlled by its handler at all times. Section 1(3) of the Guard Dogs Act 1975 states that ‘a person shall not use or permit the use of a guard dog at any premises unless a notice containing a warning that a guard dog is present is clearly exhibited at each entrance to the premises’.
13. The RSPCA explains that care should be taken when a dog exhibits tense body language, especially if it raises its tail, makes growling noises, and glares at you. If it shows its teeth the wisest course of action is to back away slowly - running will only elicit a ‘chase response’ from the dog.
Horses
14. A footpath is defined as a highway ‘over which the public has a right of way on foot only’, hence horse-riders are restricted to the use of bridleways and byways. It is not actually an offence for a horse to be ridden along a footpath, rather it constitutes an act of trespass against the holder of the land. So, if the horse-rider has permission then there is no trepass, if not, the holder is entitled to order the rider off the land and can also sue for damages.
15. Every local authority has a duty under section 122 of the Road Traffic Regulation Act 1984 ‘to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians)’. District, county, metropolitan and London borough councils are therefore empowered to make byelaws or orders preventing horse-riders from using specific footpaths or bridleways for reasons of safety, or because such use is damaging the surface of the right of way. Any infringement of a byelaw or road traffic regulation order is a criminal offence.
Misleading Signs
16. Although the provision of warning notices is a legal requirement for guard dogs, and is recommended by the HSE where bulls are kept on rights of way, it is also an offence to display such signs in order to deter someone from using a footpath, bridleway or byway by providing false information. For example, a landowner may erect a sign saying ‘Danger, beware of the dog’ when there is no dog present, or the dog does not have access to the footpath. This is a fineable offence under section 57 of the National Parks & Access to the Countryside Act 1949, and the highway authority can initiate prosecutions in the magistrates’ court.
Rights of Way: A Guide to Law & Practice John Riddall & John Trevelyan, Open Spaces Society and Ramblers’ Association, 2007.
Royal Society for the Prevention of Cruelty to Animals (information about dangerous dogs).
Health and Safety Executive (information on dangerous cattle).
"Navigation & Leadership - A Manual for Walkers", Ramblers’ Association, 1994. See especially Module 4. Available from the Ramblers Bookshop.
