If there is a (genuine) owner of a potentially prohibited type stray which is in the council contracted kennels serving the statutory 7 clear days, we urge them to claim her dog, they will need some proof that it is indeed her dog to do so (photos in the home over time, microchip details, vet records etc). Please claim them, your dog’s life depends upon it.
The dog may not be immediately released as a breach has occurred (unmuzzled in public place after 31st December) but it will then be investigated by the police who can deal with the breach in the way they see fit which could be anything from advisory but ‘could’ also include a prosecution under section one. The owner MAY have a defence to this depending on circumstances but in any event whilst there is a presumption in favour of destruction the court does have the power to order a contingent destruction order and that the dog is exempted providing the owner can satisfy the court that they are a fit and proper person, that the dog can be kept securely, and that it poses no danger to public safety. However, if a dog remains unclaimed then there is no other legal option open other than to put to sleep.
The injunction secured on 30th December 2023 applies to Rehoming Organizations but not to dogs found straying or abandoned. Ordinarily a stray dog who remained unclaimed after the statutory 7 clear days held in the pound would be then either sold, released to be rehomed, or put to sleep which are the ONLY options available to councils under the stray dogs regulations, However IF this dog is an XL Bully or other prohibited breed type (or there is sufficient presumption that it is, ) then the local authority would be breaking the law if they were to release it to rescue or sell it as of the 31st December 2023.
Stray dogs across the country who were still doing their days after the 31st (and those which have entered the stray system since) who remain unclaimed at the end of the 7 clear days have sadly been and will continue to be put to sleep because the law prevents any other option. If a dog of type gets out or is stolen then the owner needs to register their claim to it and provide proof of ownership, whilst they COULD be charged under section 1 of the Dangerous Dogs Act 1991 the dog cannot be put to sleep in the interim period providing the owner does not sign over their dog. If the owner was not responsible for the breach and it is known who was, then the person who caused the breach could be charged but the owner would have a right to be heard at that hearing with regard to the dogs future and would be able to ask the court to allow exemption of the dog rather than order destruction subject to the courts satisfaction.
People who find a dog may be discouraged from retaining it as finder because the dog must be kept for a period of 28 days which would now take them beyond the time limit to exempt before it becomes unlawful to be in possession of a prohibited breed.
Please do not direct hate at Dog Wardens, local authorities, or pounds, most are devastated to have to do this but simply have no other option available, target your anger at those who abandoned their dogs to this fate instead of being responsible and exempting.