Patches of blue, reflections and a spanking new gate—Highcliff Gate this morning

In her dotage, my dog exhibits a distinct lack of enthusiasm for upland walks. This now renders the crudely painted “DOGS ON LEADS” sign on the wooden rail of no matter to me. A threat for sure, yet not a command. A “PLEASE”, though, would have aided in conveying the message in a less intimidating manner.

The matter of dogs being on leads on public footpaths is potentially a bit of a sticky wicket.

To the best of my knowledge, there is no legal obligation for dogs to be on leads, except between 1 March and 31 July on Open Access land, even if there is no livestock present¹England, Natural. 2021. ‘The Countryside Code: Advice for Countryside Visitors’, GOV.UK (GOV.UK) <https://www.gov.uk/government/publications/the-countryside-code/the-countryside-code-advice-for-countryside-visitors#:~:text=an%20unattended%20fire.-,Always%20keep%20dogs%20under%20control%20and%20in%20sight,-The%20countryside%2C%20parks> [accessed 6 January 2024]. The same Countryside Code explicitly states that you should release your dog from the lead if you feel threatened by livestock. Otherwise, it advises you to “Always keep your dog under effective control and in sight.”

The term “control” is highly subjective. But, once again, to my understanding, this does not necessarily imply being on a lead per se. “Close control” is used in the Dogs (Protection of Livestock) Act 1953:²‘Dogs (Protection of Livestock) Act 1953’. 2021. Legislation.gov.uk <https://www.legislation.gov.uk/ukpga/Eliz2/1-2/28/section/1#:~:text=(c)-,being%20at%20large%20(that%20is%20to%20say%20not%20on%20a%20lead%20or%20otherwise%20under%20close%20control)%20in%20a%20field%20or%20enclosure%20in%20which%20there%20are%20sheep%5D,-%5BF2(2A> [accessed 6 January 2024]

“(2) For the purposes of this Act, worrying livestock means …

(c) being at large (that is to say not on a lead or otherwise under close control) in a field or enclosure in which there are sheep.”

However, the legal exception I mentioned earlier is only valid for Open Access land. Once you pass through the gleaming new gate, you find yourself on a Public Footpath that crosses the Open Access land.

Public Footpaths are for walking, though the purpose of such a walk can be somewhat ambiguous. There was a fellow, a racing pundit, who once found himself in a bit of trouble for utilising a footpath to spy on a racehorse. He strolled along the public footpath overlooking the racing gallops, halted, brought out his binoculars, observed the horses in training, snapped photographs, timed the laps, and jotted down notes. Unacceptable, the court declared³ Hickman v Massey [1900]. However, that transpired over a century ago. A more recent incident involving a protest on a highway received a more forgiving judgment⁴The Supreme Court. 2021. ‘Director of Public Prosecutions (Respondent) v Ziegler and Others (Appellants) – Press Summary’, Supremecourt.uk <https://www.supremecourt.uk/press-summary/uksc-2019-0106.html> [accessed 6 January 2024]. As for whether walking a dog falls within footpath rights? Nothing has yet been brought before the courts. But the Right of Way itself pertains to humans, not to their canine companions. Dogs may well accompany, but they do not possess their own right.

Dogs shouldn’t be simply allowed to roam freely, not roaming through fields or over heather. Even if other dogs entice yours to deviate to engage in a bit of impromptu sniffing, it should stick to the Public Footpath. Easier said than done.

Thus, if Fido conducts itself appropriately and adheres to the path like a well-disciplined soldier, splendid! No issues there. However, if he leans towards a more liberated spirit, you’ll need to devise a strategy to keep him in check. A lead appears to be the logical choice.

The predicament lies because dog owners often harbour an inflated opinion of their furry companions’ behaviour and their influence over it. A rather perplexing situation.

• 1
  England, Natural. 2021. ‘The Countryside Code: Advice for Countryside Visitors’, GOV.UK (GOV.UK) <https://www.gov.uk/government/publications/the-countryside-code/the-countryside-code-advice-for-countryside-visitors#:~:text=an%20unattended%20fire.-,Always%20keep%20dogs%20under%20control%20and%20in%20sight,-The%20countryside%2C%20parks> [accessed 6 January 2024]
• 2
  ‘Dogs (Protection of Livestock) Act 1953’. 2021. Legislation.gov.uk <https://www.legislation.gov.uk/ukpga/Eliz2/1-2/28/section/1#:~:text=(c)-,being%20at%20large%20(that%20is%20to%20say%20not%20on%20a%20lead%20or%20otherwise%20under%20close%20control)%20in%20a%20field%20or%20enclosure%20in%20which%20there%20are%20sheep%5D,-%5BF2(2A> [accessed 6 January 2024]
• 3
  Hickman v Massey [1900]
• 4
  The Supreme Court. 2021. ‘Director of Public Prosecutions (Respondent) v Ziegler and Others (Appellants) – Press Summary’, Supremecourt.uk <https://www.supremecourt.uk/press-summary/uksc-2019-0106.html> [accessed 6 January 2024]