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XL bully ban: Kent dog owners and RSPCA continue to call for change in legislation

By: Alex Langridge alangridge@thekmgroup.co.uk

Published: 05:00, 11 November 2024

Updated: 13:23, 12 November 2024

XL bully dogs have been seized and put down in Kent at a rate of more than one a week since the breed was banned, it has been revealed.

Following a spate of attacks, controversial legislation introduced in February made it illegal to own the dogs without a valid exemption certificate.

Owners protested in London after the ban was proposed. Picture: Michelle West

Now, figures obtained by KentOnline show the county's police force seized 70 XL bullies in the first six months of the ban, with 34 of them destroyed - one every five days.

Nine were returned to their owners, 25 are being held in police custody in kennels and two died.

Owners have branded the new laws "not fit for purpose", while officers leading enforcement admit they vastly underestimated the population of the breed in Kent.

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Acting Detective Inspector of the tactical operations dog section, Ben Brennan, explained the force’s role in enforcing the new law.

Speaking to KentOnline, he said: “The police’s role is to investigate an offence and we will investigate what is a criminal offence.

“You cannot have that dog without an exemption so we have no option but to seize the dog.”

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XL bully Colin with his sisters Bella and Sydney. Picture: Stephanie Vine

However, it has not been without its challenges as he said the estimates of how many XL bullies there were in the county were grossly under the reality.

He added: “Nobody really knew what the population of XL bullies was in the community.

“The biggest impact on the police has been the volume there is in the community. We have gone from singular figures to ten times that, it has a knock-on effect.”

Acting DI Brennan said the force has struggled with increased demand for kennel space, the welfare costs for looking after the animals and the strain on officers as only so many are trained to identify banned breeds.

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According to the Department for Environment Food and Rural Affairs (DEFRA), as of July 31, there were 1,958 XL bullies registered in Kent.

The data has been broken down by the outward code of the registered address’ postcode and if the number is less than 10, it has not been published.

The number of XL bullies registered in Kent

KentOnline has grouped the data by local authority which showed Medway has the largest XL bully population with 365, then Swale with 239 followed by Canterbury with 177.

However, the postcode with the most registered was ME12, which covers Sheppey, with 116 dogs.

Despite some of the highest numbers of dogs, a spokesperson for Swale council said its teams have not taken any XL bullies into its care.

However, it has seen an increase in bully types and other larger breeds being abandoned on its streets.

They added: “It is far more challenging to find rescue spaces for these larger dogs who often carry an unwarranted stigma.

“Our stray dog service will continue to work hard to keep these animals healthy and safe while helping them find a new loving home.”

Dr Samantha Gaines said the figures are hugely concerning

RSPCA data says more XL bullies are suffering since being banned with reports of neglect increasing from 164 in 2023 to 542 for the first six months of 2024.

Meanwhile, the number of incidents of intentional harm to the dog type has gone up from 78 in 2023 to 153 for the first six months of 2024.

For example, near Kent, in Bexleyheath, the bloodstained body of an XL bully type was found dumped in a metal crate, with signs of blunt force trauma.

RSPCA’s dog welfare expert, Dr Samantha Gaines, said: “It is hugely concerning that figures show a big jump in reports to us about cruelty and neglect specifically aimed at XL bully-type dogs since the start of the year.

“We fear that this is a direct result of the recent government ban on this type of dog. This could be a result of the extra pressures this ban has placed on desperate owners who may already be struggling to care for their dogs during this cost-of-living crisis.

“But even worse, these could be deliberate acts of cruelty towards dogs who have become increasingly demonised in recent months.

“The current approach to dog control is not working and needs a complete overhaul…”

“The RSPCA remains committed to protecting public safety around dogs and does not want to see anyone else dying as a result of a dog bite incident.

“However, the current approach to dog control is not working and needs a complete overhaul. We want to see any approach compatible with public safety and good dog welfare.”

The RSPCA is a member of the Dog Control Coalition - a group of welfare and veterinary charities campaigning for a new approach to dog control in the UK - and is calling for an urgent review of the legislation that bans dogs based on their type and appearance.

Dr Gaines added: “We want to see the new UK government commit to tackling the root causes of aggressive behaviour in dogs which are complex but include improving and enforcing current breeding and dog control regulations, and to promote responsible dog ownership, in order to effectively protect public safety while also ensuring better dog welfare.”

In Kent, XL bully owners have also been calling for a similar review of the law and think it should be the owners who have to be registered and prove they are good owners.

Stephanie Vine lives near Darland, in Chatham, with her beloved companion Colin. She said: “I am not saying a dog’s life is more important than a person’s and I understand why the ban is in place.

Stephanie Vine says she is following all the rules to keep her dog safe. Picture: Stephanie Vine

“I am happy to do everything it requires and take precautions. We do not want to put anyone at risk or the dogs at risk. We also do not want to be irresponsible.

“However, you see the fear on people’s faces when they see a muzzle but it is just because of the ban, my dog is not dangerous.

“The legislation is not fit for purpose. I understand why it has been put in place but I do think it needs to change. The ban is there and that is not a problem but the legislation needs refining.

“It is not solving anything. It is not solving the backyard breeders or irresponsible people.”

“It is not solving the backyard breeders or irresponsible people…”

Another XL bully owner, Michelle West added: “We want to make it our responsibility, not the dog’s responsibility.

“Almost all XL bully owners are good dog owners and they have done what they needed to do to keep their dogs safe. The bad ones have not and are not following the rules.

“If they are, they will just move on to another breed as they do not care if their dogs get seized.

“If the law worked it would be fine but it does not as the bad owners do not care.”

Despite this, acting DI Brennan said the ban is not directed at the owners. He added: “It is not so much the owners, it is the dog’s capability to cause injury to vulnerable people.

Colin with his owner Stephanie Vine who is calling for a change in dog control legislation. Picture: Stephanie Vine

“It is still a dog and every dog has the ability to bite, but as an XL bully, it can cause more damage.

“It is the point of view, there is a duty of care within the community. The ban itself is similar to risk management.

“If you follow the conditions you reduce the risk that your dog could cause serious injury to someone.

“The duty of the police is to investigate. It is like a controlled drug, you would not leave someone with cocaine.”

Reports of neglect towards bully-type dogs has risen. Picture: RSPCA

The Law

On December 31, 2023, the XL bully became a banned breed in England meaning it became illegal to sell, breed, or give away the dog.

People who already owned one were required to register it on the index of exempted dogs and confirm it would be neutered by a specific date, muzzled and on a lead if out in public.

By February 1, 2024, it became illegal to possess an XL bully in England and Wales without this valid certificate of exemption. Bans have since followed in Scotland, Northern Ireland and the Republic of Ireland.

The breed type was added to the list of dangerous dogs by the government which, at the time, said it was taking “decisive action” to protect the public following a rise in dog attacks involving XL bullies.

In November 2022, Jack Lis, 10, was killed by an American XL bully while at a friend’s house in South Wales leading the owners of the dog to be jailed.

Paramedics treating Resham Singh after an XL bully attack in Gravesend. Picture: Bobby Dhanda

The following year, 52-year-old Ian Price, from Staffordshire, died in hospital after being attacked by two American XL bullies and a month later a woman was injured by one in Norfolk.

Despite the ban, in July, Resham Singh, 69, was left fighting for his life after an XL bully attacked him while he was taking a walk in Lingfield Road, Gravesend.

He suffered injuries to his arms, legs, shoulder and upper thigh and had to be taken to the hospital.

It depends on what the dog looks like, rather than its breed or name, to know whether it is banned and it is the owners’ responsibility to prove it is not a banned type.

The official definition of an XL bully includes a “heavy, large and broad” head, a “blocky or slightly squared” muzzle, “heavily muscled” with a “large, blocky body giving the impression of great power for size”, and a glossy, smooth and close coat.

The RSPCA is calling for a change in the law. Picture: RSPCA

If someone is found to illegally have a banned breed, the police or council dog warden can take it away and keep it even if it is not acting dangerously.

Owners will then have to go to court to either prove it is not banned or if it is, the court will decide to issue an exemption certificate or destroy the dog.

They can also be issued with an unlimited fine or prison for up to six months.

The ban joins the pit bull terrier, Japanese tosa, fila Brasileiro and dogo Argentino on the list of banned breeds.

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