Can You Legally Smash A Car Window To Save A Dog From Heat?

Dogs can die in hot cars – even with the window open (Flickr/ Valerie Everett)

Not a year goes by without the same terrible story being heard: a dog has died after being locked in a hot car.

With temperatures soaring as the first heatwave of the summer gets under way this week, sadly, it seems we’ll be hearing it again soon.

Although the advice that heatstroke can be fatal to dogs is clear and widely circulated, entirely avoidable tragedies still happen.

It’s prompted many to pose the question: what do you do if you see a dog locked in a car on a hot day?

As the RSPCA puts in a commonly shared image, the first response should be to call the police.

But then what? Do you stand and wait? Or do you break the window? Your action may save a dog’s life – but are you legally allowed to do it?

Helpfully, the British Institute of Professional Dog Training has today moved to address the issue and clear up some of the confusion.

Keith Evans, from the institute, points out that the law – under Sections 18 and 19 of the Animal Welfare Act 2006 – states that “only a local authority inspector or a constable have a power to enter a ‘premises’ for the purpose of assisting an animal that is, or is likely to be, suffering.”

The act says that “any member of the public who breaks into a vehicle to assist a suffering dog would not be protected by the powers under the AWA 2006, and would no doubt be subject of an investigation for an offence of criminal damage.”

However, as Evans notes, there is a defence if the act is considered “reasonable” – meaning there is “implied consent” from the car owner. Clearly, damage cannot be disproportionate.

“It might be argued that it would be reasonable for a person to believe that there was an implied consent from the owner of the car for them to break a car window to save their dog,” says Evans.

"The big word here is ‘reasonable’. If a person just breaks a window, as there is a dog inside, and the dog is obviously fit and well, then their actions might well be deemed unreasonable and they would have committed an offence.

"My advice is that if a person thinks that a dog is suffering, or is likely to suffer, they should call the police on 999.

“Only in the gravest of circumstances should they take it upon themselves to break into a vehicle, and that they must be prepared to justify their actions as reasonable during any subsequent investigation.”

The RSPCA website states: “Many people still believe that it’s OK to leave a dog in a car on a warm day if the windows are left open or they’re parked in the shade, but the truth is, it’s still a very dangerous situation for the dog.

“A car can become as hot as an oven very quickly, even when it doesn’t feel that warm. When it’s 22 degrees, in a car it can reach an unbearable 47 degrees within the hour.”