Dog control notice (DCN) database: EIR release

Information requested

Please could you provide me with the below information from your dog control notice database since it went live in February 2022 to the date of response:

• The number of each breed/ type of dog issued with a DCN and the reason for the DCN broken down by month/ year if possible.
• The number of DCNs issued for each area and the reason for the DCN broken down by month/year if possible.

Could you also advise what information is specifically recorded for the database and whether all sections are mandatory.

Could you also provide information relating to how DCNs work and are enforced and whether DCN are time limited or remain active for the lifetime of the dog/ owner and if so, whether the DCN is transferred to a new owner if a dog is rehomed.

Response

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response to your request

With regard to your request for information from the dog control notice (DCN) database broken down by month/ year. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the this letter.

However, you may wish to contact the Improvement Service at dcn@improvementservice.org.uk who may be able to help you.

The reason why we cannot provide the information you have requested is:

The national DCN database is not owned by the Scottish Government.

The DCN regime is operated by local authorities. Information requested on each breed/ type of dog issued with a DCN and the reason for the DCN broken down by month/ year since the database went live is not held centrally by the Scottish Government.

Similarly the information requested on the number of DCNs issued for each area and the reason for the DCN broken down by month/ year is also not held centrally by the Scottish Government Scottish Government officials do presently receive weekly updates from the Improvement Service on the current number of DCNs issued, and we also have that data broken down by dog breed type (where known).

The excel spreadsheet attached as an Annex to this letter provides that data as at 12 February 2023.

To provide some background on the national database. The Scottish Government commissioned the Improvement Service to take forward work to design and create the database in 2021.

The Improvement Service was established in 2005 as the national improvement organisation for Local Government in Scotland. The Improvement Service was set up to deliver improvement support that would help councils to provide effective community leadership, strong local governance and deliver high quality, efficient local services.

The Scottish Dog Control Database Order 2021 came into force on 31 December 2021 and provided for the establishment of the national DCN database. The national database has been operational since February 2022.

The Order restricts access to the database to only those with reason to require access to the information held for the purposes of the Control of Dogs (Scotland) Act 2010. This is local authorities and Police Scotland (constables and civilian staff), plus those working for the Improvement Service.

The Order also sets out that the Improvement Service will manage the database. With all 32 local authorities able to upload details of served DCNs, with Police Scotland granted ‘view only’ access.

The Scottish Government does not have direct access to the national database.

Information recorded on the DCN database

With regard to information that is recorded on the database. I would refer you to Article 4 of the Order, which lists information to be contained in the database relating to a DCN. The types of information listed – such as the name, date of birth and address of the person in charge of the dog subject to a DCN – is relevant information for the purposes of enforcing and monitoring the DCN regime.

Information relating to how DCNs work

With regard to the requested information on how DCNs work and are enforced and whether a DCN is time limited or remains active for the lifetime of the dog/ owner and if so, whether the DCN is transferred to a new owner if a dog is rehomed. I would refer you to the Scottish Government guidance document on the Control of Dogs (Scotland) Act 2010 that was published in December 2020. https://www.gov.scot/publications/updated-guidance-control-dogs-scotland-act-2010/

That guidance document contains full details of how DCNs work.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202400395430 - Information Released - DCN Data - February 2024

File type

Excel document

File size

15.3 kB