FOI Detainees Pets (0068.2022-23)

Request

I would like to know the procedure in place for the care of a domestic pet when a person has been arrested and they live alone with their pet. 

I would also like to know the procedure in place for the care of a domestic pet when a person has been detained under the mental health act and they live alone with their pet.

Response

1. Where a person is arrested for an unrelated offence, the dog will remain the responsibility of the owner. If the person is only due to be detained for a short period of time it is acceptable to make sure the dog is provided with water and food and left at the owners address. Officers must make sure that the dog is not left alone at the address for a period longer than 24 hours. If the person is to be detained for a longer period, all efforts should be made to find arrangements for the care of the dog via friends, family or neighbours. Where they are unable to name anyone, the last resort will be to kennel the dog. If this is done then it should be made clear to the owner that all costs relating to housing, health and welfare of the dog will be sought from them as the responsible person. In all cases where the person is being detained in excess of 24 hours the FORM: Animal Welfare Form must be completed with them.

If the person is liable to be detained (remanded / prison) and cannot provide details for someone to take responsibility for the dog they should be informed that they have a duty to ensure their dog is cared for under the Animal Welfare Act 2006. They should be issued with the Animal Welfare Form which informs the subject that they need to make suitable arrangements for the animal or the police will prosecute them under S.9 Animal Welfare Act 2006. The RSPCA may be able to offer the Police advice under these circumstances.

2. Primarily the owner should be asked to nominate someone to look after the dog or make appropriate arrangements for the dog to be looked after. Where it is not possible to identify anyone else to take care of the dog S.48 of the National Assistance Act 1948 places a duty on Local Authority to protect the property of persons admitted as a patient to any hospital, private or voluntary rest and nursing homes or removed to any other place under an order made under Section 47 (3) of the same Act and it appears that no other suitable arrangements are being or have been made.

If the provisions of the National Assistance Act are to be used then Social Services or the Emergency Duty Team should be contacted at the first available opportunity to establish their wishes prior to any arrangement being made to kennel the dog. This will avoid any difficulties around payment.

Please note: We have a procedure for dogs as this is the most common situation we experience, but anyone that is arrested is able to make a telephone call so that they can arrange for the adequate care of any pets that we didn’t know about at the time of arrest.