THERE IS a range of legislation relating to animals kept by members of the public; perhaps most notably are the recent Animal Welfare Act (2006), the Dogs Act (1871), the Dangerous Dogs Act (1991) and the Animals Act (1971).
In addition, there are cases brought under other matters where the role of an animal expert may be key. For example, in a hypothetical case of an injury to a child in which a parent has allegedly caused that injury, it may be worth considering if the household pet could have been involved by inadvertently knocking the child over or off a piece of furniture.
Of course, there are many people in any profession who can claim to be an expert and it can be confusing to decide which individual will be the appropriate expert for you.
Animal behaviour is a recognised multidisciplinary area of expertise. There are several degrees and postgraduate courses in animal behaviour, animal behaviour counselling or animal behaviour and welfare. Some courses will be more directly related to the prevention, development and treatment of problem behaviours, including aggression and noise nuisance, such as the University of Southampton’s postgraduate diploma/MSc in Companion Animal Behaviour Counselling. A companion animal can be of any species from a dog, a cat or a horse, to exotic creatures such as a snake, bird of prey or even pet pigs.
All good experts should have knowledge of animal behaviour, how animals learn and human-animal interactions. As problems are often related to management and welfare issues, such experts should have a good grounding in the assessment of welfare and the likelihood of suffering.
In addition to theoretical knowledge, an expert should have practical experience of dealing with animals and in particular the species in question, if not the actual breed.
In order to produce a comprehensive report, an animal behaviour expert should ask for not only the evidence pertaining to the incident in question, but also the animal’s veterinary records, as there may be aspects of the animal's veterinary history that would influence behaviour. Such relationships with behaviour may not be known by a veterinary surgeon who has not made a specific study of animal behaviour.
In addition, the expert would wish to have information regarding the animal’s history; such factors as early environment, training methods and management and routine can all influence behaviour, both in general and in response to specific circumstances.
Where more than one animal is involved such information would ideally be obtained for each animal. Of course, that may not always be available, but it would be an omission of expertise if it was not requested.
It may be appropriate for the animal to be assessed in terms of its general behaviour and/or its behaviour in relation to the incident. It is helpful if such assessment can be done as close to the time of the incident as possible.
Behaviour of an animal will change with age and with experiences, especially if these include being kept in kennels before cases are brought to court. Sometimes animals may have been kennelled for several months before an expert is instructed and an assessment can be made.
Depending on the circumstances of the case it may be that such an assessment would be more valid if the owner of the animal were present. An animal’s behaviour may then be very different from that when it is with a stranger or temporary keeper, such as kennel staff, with whom it has not formed a close relationship.
In summary, the animal behaviour expert may be of use in determining vital points in both civil and criminal litigation. These may relate to both the animal’s behaviour and how it is affected by persons and circumstances surrounding it.
• Dr Anne McBride is an animal behaviour expert and director of the Applied Animal Behaviour Unit at the University of Southampton.
Andrew Watson is a barrister and teaches companion animal law on the PG Diploma at the University of Southampton.