Can I have my dog back please?

Re: Can I have my dog back please?

Niall Taylor — Sat, 03 Jul 2010 08:41:17 GMT

Sorry, just noticed this thread. I'm astonished and I still think you have been treated badly.

[quote user="Martin Jones"]I then went to the kennels, armed with passport, certificates of qualification and a good working knowledge of the law and - very politely - stated that I wished for the dog to be released into my care. The kennel owner did so with quite some grace and a contrite explanation of how poorly the system was run.[/quote]

So why didn't they give your dog back to your wife when she asked in the first place? Sounds like it was your assertiveness that won the day, despite the kennel owner's sob story about "the system".

One thing that consistently drives me mad about animal charities is when we are presented with "stray" or even "feral" cats which are healthy, well fed, friendly and approachable and obviously owned by some poor soul who is missing them desparately. We have even been asked to spay such individuals in the past immediately after they have been trapped despite their obviously being adult and well looked after.

I'd still be furious!

Niall

Re: Can I have my dog back please?

Bob Russell — Wed, 23 Jun 2010 13:48:27 GMT

Our 'invisible' fence has kept my staffie (a big-time escape artist) safe and sound and within the boundaries of our land for years.

She has a Police record as long as your arm from her early days starting small and ending up with all traffic on the local main road being stopped by several police cars until she realised that one of the car doors was open to her blue-lighted Taxi!

My head nurse was 'volunteered' to collect her from the local nick!!

Good job we do not live in Wales.

Re: Can I have my dog back please?

Evelyn Barbour-Hill — Sun, 20 Jun 2010 16:47:44 GMT

Good for you, Martin.

Forget the invisible fence if you live in Wales. It's just been made illegal. Seriously.

Re: Can I have my dog back please?

Vikki Halliday LLB — Sat, 19 Jun 2010 23:33:37 GMT

[quote user="Martin Jones"]

Anyway, currently basking in the warm glow of an adoring family, and the uncomfortable feeling that I've made a complete arse of myself in order to get my own dog back.

[/quote]

Bask away, I think you've been rather assertive! Glad pooch is back in her rightful place. Perhaps there is a call for invisible fencing..........

Re: Can I have my dog back please?

Martin Jones — Sat, 19 Jun 2010 22:30:35 GMT

A follow-up.

By about four o'clock I was pretty cheesed off. So I rang the council, getting through to a very nice lady on the emergency line who confirmed that the dog warden was uncontactable for the weekend. I made it fairly clear that the Environmental Protection Act 1990 - and its subsequent additions - made no provision for retaining a dog whilst the local authority was either unwilling or unable to accept payment of the relevant charges. I pointed out that in my expert opinion as a veterinary surgeon, my dog had not had access to a veterinary surgeon in order to ascertain that she was neither injured nor ill and further that continuing to keep her would adversely affect her welfare. I also asserted that my opinion outweighed that of either the kennel owner or the dog warden, and apologised for being a pompous arse.

I then went to the kennels, armed with passport, certificates of qualification and a good working knowledge of the law and - very politely - stated that I wished for the dog to be released into my care. The kennel owner did so with quite some grace and a contrite explanation of how poorly the system was run. I ended up with quite a bit of sympathy for her, and a bagful of ammo on the local authority's failings to uphold their duty with regard to 'stray' dogs. Roll on Wednesday, when I'll be visiting.

My issue was not with the system for collecting strays - my dog was taken to a place of safety, where she was apparently well looked-after - or with being made to pay a charge; rather with a system where punitive action is taken because - shock, horror - it's considered by the local authority to be unreasonable for a professional charged with upholding animal welfare to have to provide care for 24 hours, seven days per week. Hmm.

Anyway, currently basking in the warm glow of an adoring family, and the uncomfortable feeling that I've made a complete arse of myself in order to get my own dog back.

Martin

ps. Sorry, Evelyn, but it's become more clear that whilst the person who picked up the dog was told that she was mine, she failed to mention this to the veterinary nurse, who then acted in good faith and went out of her way to take the dog to the kennels. Hardly to blame. Is there a good yarn somewhere in there?

Re: Can I have my dog back please?

Clive Ansell — Sat, 19 Jun 2010 18:26:29 GMT

I think if it were me, I would only be prepared to pay kennel charges up to the point your wife requested the dogs return. Your dog is not a stray, it is an owned dog that escaped or got out.

If the kennel owner knows it is your dog, or the dog has identification in the form of a collar and name badge, or a microchip (assuming kennels has chip reader?), and you can show id too then the kennel has no reason not to return the dog (your property). After this point, I do not feel they should charge you. In fact can they charge you anyway? have you at all consented to the dog being there and to the charges?, if not then no contractual arrangement exists.

Re: Can I have my dog back please?

Evelyn Barbour-Hill — Sat, 19 Jun 2010 16:20:10 GMT

Come to think of it, your dog wasn't taken to this kennel till after the dog warden had knocked off for the week: so the dog warden doesn't even know she's there. There's nothing to stop the kennel owner tearing up whatever paperwork he did at first, thus removing her from the stray system altogether, and handing your dog over to you; although you'd have to pay him for one day's kennelling.

Re: Can I have my dog back please?

Evelyn Barbour-Hill — Sat, 19 Jun 2010 15:26:19 GMT

Cripes Martin, I'd be hopping mad to say the least.

[quote user="Martin Jones"] Some 'kind' soul got a hold of her, and was immediately informed that she's my dog, and given my address.[/quote]

And in any normal decent fairly small village, would be happy to get her back to you.

[quote user="Martin Jones"]Unfortunately, she decided instead to visit a friend of hers - who happens to be a vet nurse - who decided that rather than pass her back to me, that they would take her to the local kennels retaining the contract for 'stray' dogs.[/quote]

Why? Why on earth? It can only be malice. They would have to tell a direct lie to the kennels.

[quote user="Martin Jones"]the only reason for keeping my dog is to increase the fee at the end. Welfare doesn't seem to have come into it, and the kennel owner hasn't made any queries regarding the dog's health or need for medication.[/quote]

I guess you just have to hang on till Monday. But then you could:

Pay by cheque then stop the cheque.

Pay by other means, but making it clear that you are paying "under protest", and get a proper receipt.

Go round to the person who kidnapped the dog and invite her to compensate you.

Take legal advice (from BVA helpline, or you probably have one on your household insurance). Certainly if the dog is made ill by neglect, you can sue the kennels (scant comfort right now, I know).

Write a carefully reasoned letter of complaint to the local authority.

Or, go round right now this minute to the person who kidnapped the dog and invite her to accompany you to the kennels and confess she told a lie, so the dog should be released immediately.

Did the dog have your name and address or phone number on her collar?

Re: Can I have my dog back please?

Vikki Halliday LLB — Sat, 19 Jun 2010 14:59:35 GMT

Contact the police and suggest that your animal is being held ransom? Surely there are still laws that prevent people retaining animals that are verifiably owned by another individual, and where the animal's welfare is being compromised.