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Stray dog advice wanted

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Did you report them to the authorities so they could be done for 'abandonment' then DG?

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Did you report them to the authorities so they could be done for 'abandonment' then DG?

 

Oh Strix is was a total nightmare at the time :(. we had the dog wardens and rspca involved at the time. In the end they took her back because they wouldnt let anyone else have her. It turned out she had been rehomed at 3 years old to someone who had genuinly lost her, then when she was found and chipped the chip was still registered to her original owners. The original owners didnt want her but didnt want the current owners to have her back (a fall out amongst friends apparently) and by law the current owners couldnt have her back as the chip was still registered with her old owners. 3 weeks later they phoned me and she has 'gone missing' again and has never been found. :( It was a horrible situation.

 

A microchip is only as good as the details that are held :)

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The law

 

The Environmental Protection Act 1990, Section 150 places an obligation on the finder of a stray dog to:

Return the dog to its owner or

Contact the local authority for the area in which the dog was found

If the finder fails to follow this procedure they will have committed an offence and may be liable, upon conviction, to a fine of up to £500 (level 2).

 

 

Finders Requesting to Keep a Stray Dog

Occasionally the finder may wish to keep the dog. In this case you must contact us with the dog's details so that they can be recorded in our register and provide us with your name and address. If you choose to keep the dog the law requires you to do so (unless it is claimed by its owner) for not less than 28 days and that failure to comply with this obligation is a criminal offence.

 

The law also requires us to make all reasonable enquiries to ascertain that the finder is a fit and proper person to keep the dog and that he/she is able to feed and care for it. To this end the duty Enforcement Officer will visit the finder (usually within one working day) and discuss the care of the dog and the legal responsibilities. These will be confirmed in writing, within one working day.

 

It should be noted that even after 28 days, if a person can prove that they are the owner of the dog and requests the return of the dog, then the finder may have to relinquish his/her custodianship. Disputes over ownership are a civil matter and the authority does not become involved.

 

Register of Stray Dogs

The Council keeps a register of stray dogs seized by the Dog Warden under Section 149 of the Environmental Protection Act 1990.

 

Please check internet sites in case owner is trying to locate the dog and also check for posters , try vets and perhaps put up found dog posters but leave off something that will identify the dog that only owner would know ,,,

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which website did you copy that off k9?

that's obviously specifically written by one local authority

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that looks like another hole in the whole system DG :mad:

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That was for Rochford I think but the law is the same nationwide

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so the information that an environmental officer will visit within 24 hrs will most likely not be valid for every authority

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so the information that an environmental officer will visit within 24 hrs will most likely not be valid for every authority

 

Well it definately doesnt happen here lol

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I was being diplomatic :hihi:

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Local Authorities (Councils), have a duty to appoint a dog warden who's job it is to seize and control stray dogs within its jurisdiction. Authority is given under two acts of parliament - the Environmental Protection act of 1990 (sections 149/150/151) and - the Environmental Protection (Stray Dogs) Regulations 1992

The law states that a dog is the property of its human owner. If you keep a stray dog and do nothing, it may be regarded that you are deliberately trying to deprive that owner of their property - stealing by finding. If found out, you may be prosecuted and the dogs original owner may also be able to sue you for compensation.. By law the local authority should be informed through their Dog Warden Service which usually works through the Local Council Environmental Health Department.

It is only after a period of time - defined by law - that a dog, if unclaimed, ceases to be the property of the original owner and becomes the property of the local authority who can then deal with the dog as though it were their own.

If the dog goes to the local 'dog pound', it is kept for 7 days and then becomes the property of the council. If the owners turn up during this time they can reclaim the dog and pay a release fee. If they turn up after 7 days they may have lost their legal right to the ownership of the dog, but if the dog has not been re-homed or PTS they may still be able to get the dog back.

After 7 days in the 'dog pound' the dog is usually passed on to the ownership of the people who run the pound who will then seek to find a new home for it. Sometimes the dog is passed on to a local animal rescue group for re-homing. Sometimes a local animal rescue group is already the official licensed 'dog pound'. In a very few areas, dogs are still destroyed after 7 days - but this is rare.

If the dog stays with the finder it has to be kept for at least 28 days. If during this time, the owners turn up they can claim the dog back. They may or may not have to pay a release fee or fine to the council, but you will not be legally entitled to demand any payment towards food, keep or veterinary costs you may have incurred and you will have to give them the dog back. If they do not turn up within 28 days, the Dog Wardens will allow you to keep the dog but under this system it will not become your property. If the original owners turn up after this time you may be be obliged to pass the dog back to them and they may take legal action to force you, and seek compensation, if you refuse .

The only persons legally entitled to hold a stray dog are the appointed and licensed 'dog pound' or a person appointed by the Dog Warden to be the legally defined 'finder'. You will not be able to pass a stray on to an animal rescue organisation and they will not legally be able to take it from you without the prior agreement and authorisation of the Dog Warden who are unlikely to be able to give consent as their local authority will be contracted to a particular kennels as their licensed 'pound'. If a rescue organisation is not a licensed dog pound they should not take the dog from you. If they do, they may be breaking the law.

If you do not notify the Dog Warden that you have found a stray within a certain period of time - usually 48 hrs - the Dog Warden may refuse to take the dog into their care. You will not be able to pass the dog onto an animal rescue organisation because you are not the legal owner of the dog and rescue groups are only allowed to take in dogs from their legal owners who sign ownership over to them. You will be legally responsible for the care of the dog and will not be able to abandon the dog, as this is an offence. You, and the dog, may find yourself in a legal limbo situation, where, by law, you cannot part with the dog and are responsible for its care and welfare and, by law, if the dogs original owner makes a claim with proof of ownership, you are obliged to return the dog to them.

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