Every summer, police are called to deal with reports of dogs trapped in hot cars during glorious sunny weather, as irresponsible owners leave man’s best friend stuck inside baking hot vehicles with no escape.
But is it legal to break into a hot car to save a dog in distress in hot weather?
It’s an ethical and legal question many have grappled with on sunny days and with another week of high temperatures this week, week, possibly hitting 30c on Saturday according to the Met Office, it’s worth knowing your legal rights before something happens.
Of course nobody should ever leave your own dog (or any animal) inside a car on a hot day. Most people think it’s safe to leave a dog in the car if the windows are open or the car is parked in the shade, but a car traps heat and sun going through any glass window – even if the car is partly shaded – can be magnified like a greenhouse, quickly turning a car into an inferno for a hair-covered animal like a dog.
If the temperature is 22C outside, the car can reach a scorching 47C within an hour, the RSPCA has warned.
And West Yorkshire Police revealed it had been called to 80 incidents involving animals in a single weekend in 2022, including 43 related to dogs. Of that 43, some of the calls were related to dogs trapped in hot cars.
But how long can you wait for ever stretched police forces if you see a dog in distress? And can you take the law into your own hands?
Your legal rights to break into a car to save a dog
Unfortunately, breaking into a car could be classed as criminal damage, even if it’s done with good intentions. If so, you could end up arrested for smashing into a car.
But, you can legally commit criminal damage in some situations, such as if you reasonably believed the owner of the car would have consented, knowing the dog was in danger. Unfortunately, it’s a judgement you need to make and it does run the risk of criminal action against you if you get it wrong.
The RSPCA says: “First, assess the dog’s condition. If they’re showing any signs of heatstroke dial 999 at once.
“If the dog’s condition is critical, and the police haven’t arrived yet, your instinct will be to break into the car to free them. But please be aware that this could be classed as criminal damage. You may need to defend your actions in court, so please be sure you’re doing the right thing.
“Legally, you can commit damage if you believe the car owner would consent to it if they knew the dog was in danger.
“If you’re sure you need to free the dog, tell the police what you intend to do and why. Take photos or videos of the dog. Are there any other witnesses? Take their names and telephone numbers.
“Don’t be afraid to dial 999. If it’s an emergency, we may not be able to get to you – and the dog – quickly enough. And as we have no powers of entry, we’d need to ask the police to help us rescue the dog. Don’t worry – the police will soon let us know if the dog needs our help.”
“There may be times when the car looks hot, or maybe it’s just been parked, but the dog doesn’t appear in any distress yet.”
The RSPCA adds: “Work out how long the dog has been in the car. A pay and display ticket may help. Make a note of the car’s registration. If the owner returns but you still feel they’d put the dog in danger, you can tell the police. Make sure you, or someone else, stays with the dog. Monitor their condition. If they get worse be prepared to call 999.”