Judges are reminded of the difference between assistance dogs, which are highly trained and should always be admitted in court, and emotional support animals. For the latter, an application to have them attend court can be made ‘where a refusal to permit them could impact on the fairness of the hearing’.
The applicant should explain how the animal assists with their mental health or psychological symptoms, and submit any medical reports and training certificates. They must confirm ‘the animal will lie next to the owner, be on a lead (for a dog), or under the person’s control; also, that the animal would not foul in the courtroom, jump up or wander freely’.
The judge can take ‘serious dog allergies’ into consideration, and ‘will need to carefully balance up the competing rights’.
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