The revision of the Dogs (Protection of Livestock) Act 1953 does not explicitly extend the Act’s protections to horses being ridden or driven on public roads, bridleways or other public access routes, despite widespread belief within the equestrian community that it would.

The Dogs (Protection of Livestock) Act 1953 was revised in March this year and a key area of change stated that the law had been extended to cover livestock worrying and attacks that take place on roads and paths.

Many equestrians welcomed the change and common perception was that riders when riding or driving their horses would now fall under this act if they suffered an incident on roads and paths.

However, Katie Smart, one of the campaigners behind Leash & Release, whose horse died as a result of injuries sustained during a dog attack in his field, sought clarification on the legislation.

Katie said a Defra representative clarified that the revised Dogs (Protection of Livestock) Act now applies to livestock being moved along roads and paths between fields, in addition to agricultural land, and horses are included within the definition of livestock. However, she was told the legislation does not automatically extend to horses being ridden on public roads, bridleways or open-access land.

She was also told that the protections afforded under the Act do not automatically apply to ridden horses in public spaces. In cases involving ridden horses, enforcement would typically rely on the Dangerous Dogs Act 1991 or other relevant welfare or public order legislation, with prosecution decisions made by the CPS and ultimately determined by the courts.

Defra confirmation

Your Horse contacted Defra to verify this interpretation of the legislation. The department confirmed that it recognises the serious consequences dog attacks can have for horses and riders.

It also confirmed that if a horse is attacked by a dog while being ridden on a road or path, there may be sufficient evidence for the dog to be considered dangerously out of control under section 3 of the Dangerous Dogs Act 1991, depending on the circumstances of the incident.

Defra further confirmed that, following an incident, the Crown Prosecution Service would decide on a case-by-case basis whether to pursue a prosecution under section 3 of the Dangerous Dogs Act 1991, the Dogs (Protection of Livestock) Act 1953 or any other relevant legislation.

Whether an offence has been committed is ultimately a matter for the courts, and Defra said it expects the courts to interpret the term “road or path” according to its ordinary, broad meaning.

Current legislation

The clarification means riders whose horses are attacked by dogs in public places cannot assume incidents will automatically be dealt with under the Dogs (Protection of Livestock) Act 1953.

Instead, cases may be considered under the Dangerous Dogs Act 1991 or other relevant legislation, depending on the circumstances of the case.

Under Section 3 of the Dangerous Dogs Act 1991, it is an offence for the owner or person in charge of a dog to cause or permit it to be dangerously out of control in any place.

A dog may be considered dangerously out of control if it injures a person or a horse, or causes a person to fear that it may injure them or their horse, and the person responsible for the dog does not have proper control of it.

Leash & Release

Leash & Release is a campaign that aims to raise awareness of dog attacks on horses and promote responsible dog ownership around equines. It has been campaigning for stronger protections for horses, riders and carriage drivers, and greater clarity around the laws covering dog-related incidents.

The campaign also extends to protect other animals, including livestock and dogs.

Find out more about the campaign here.

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