# Advice ASAP please



## Fizzynicky (Mar 2, 2013)

I have rescued a dog from a rescue home . I paid to have her.
She has now been claimed.
The rescue home have told me that she has been with them for the holding period and was allowed to be released,however the original owner claims that she rang the dog warden for her area but the dog was found under a different council many miles away and they were not informed.
Do I have to return the dog or is it legally mine. 
I love her and she is so happy with us.
Please help


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## thedogsmother (Aug 28, 2008)

As far as I know legally you now own the dog, as her 7 day waiting period would have been served at the pound. However morally I would be inclined to contact the owner via an email address, it might be possible that they are destraught having been searching for the dog, and although they cant have the dog back they would be grateful for pictures and to know she was safe. I lost a cat years ago, if I found he was safe with new owners I would be satisfied with updates and possibly pictures.


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## Fizzynicky (Mar 2, 2013)

Many thanks for your quick reply.
I feel guilty as it might be from a loving home,however they have never tagged or micro chipped the dog to keep it safe.
I have asked the kennels if I might meet the owners to see what type of home she has come from to put my mind at ease.
This dog is only a mongrel but has made my children very happy and we will be most upset to return her especially as we have just had a bereavement .
Many thanks once again


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## fierceabby (May 16, 2011)

If you meet them or correspond, I would withhold your details and go through the rescue to do it as you know nothing about them.


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## thedogsmother (Aug 28, 2008)

Fizzynicky said:


> Many thanks for your quick reply.
> I feel guilty as it might be from a loving home,however they have never tagged or micro chipped the dog to keep it safe.
> I have asked the kennels if I might meet the owners to see what type of home she has come from to put my mind at ease.
> This dog is only a mongrel but has made my children very happy and we will be most upset to return her especially as we have just had a bereavement .
> Many thanks once again


Personally I wouldnt meet up, or return the dog as you are attached already and have acted in good faith, but maybe the odd emailed picture wouldnt hurt, they may also be able to tell you a few things about the dog that may be helpful to know, have they told you her former name for instance. I hope this teaches them to get any future dog identified.


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## hazel pritchard (Jun 28, 2009)

its good that you have given this dog a good home from the rescue, but if the owner has come forward and want their dog back then i think its right the dog goes back to the owner, i have spent many hours this week with the search for a missing dog in my area the owners are distraught that their dog is missing
can i ask how did the owner find out you have their dog? what proof do they have that it is the dog they owned?
Hope this all ends happy.


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## we love bsh's (Mar 28, 2011)

This family may be heartbroken could be like a child to them,they could be elderly maybe not clued up about microchipping.

You may say why wasnt it wearing an id tag!!! wel maybe it had been in the bath and owner meant to put it back on but didnt do it in time,this has happened before.

The dog may have been very well cared for and much loved family pet.If you love her in the short time you'v had her think what her original owners are feeling like,they obviously care or they wouldnt have come forward.

If it was me i know it would be hard to give the dog back and id be in my rights to keep it but would it be right?

The dog may be missing its family too.


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## DKDREAM (Sep 15, 2008)

I feel you should keep the dog, this thread is a classic example why chipping is important had she been chipped she would of been reunited and if not (because she wasnt scanned) then the rescue would of been at fault.


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## chichi (Apr 22, 2012)

I would send a letter to the rescue...asking them to forward it to the dogs previous owner. I would include a few pictures and a little detail about the dogs new life and how much you love her...etc....just to put their mind at ease. That would be an end to it for me. You acted in good faith and the Rescue stuck to their policy. Main thing...the dog is happy..well loved and cared for


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## nickmcmechan (Aug 1, 2009)

Putting myself in the original owner's shoes, I would move heaven and earth to get my dog back. Legally I think you can keep the dog, it's up to you if you can live with the decision to do so, knowing how you would feel if the situation were reversed.

How long have you had the dog?


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## Kaynine (Jul 20, 2012)

You adopted the dog in the correct manner after it had served its time in the pound. Unless you are considering that you may return the dog to the previous owners, I would not make any contact at all and get on with loving and being happy with your adopted pet.


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## I love springers (Dec 3, 2010)

I think i would need to give the dog back...The fact that the other people have being trying to find her and contacted the dog warden shows they obviously want her back..There could be a genuine reason why the dog was not chipped...If the situation was the other way around i'm sure you would want your dog back...

Can i ask how old the dog is?


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## Sled dog hotel (Aug 11, 2010)

Fizzynicky said:


> I have rescued a dog from a rescue home . I paid to have her.
> She has now been claimed.
> The rescue home have told me that she has been with them for the holding period and was allowed to be released,however the original owner claims that she rang the dog warden for her area but the dog was found under a different council many miles away and they were not informed.
> Do I have to return the dog or is it legally mine.
> ...


As regards as far as the law goes.



> The definition of a stray dog is a dog unsupervised in a public place regardless of whether it is wearing a collar and tag.
> Animal Welfare officers will endeavor to return a dog to its owner if it has been caught straying for the first time (if contact can be made with the owners in time). In the majority of cases stray dogs will be transported to an approved holding kennels where they are kept by law for seven days, enabling the owner to claim the dog. The dog will only be released upon payment of a fine and any other costs incurred during its detention. All stray dogs are scanned to see if they have been implanted with a microchip.
> *
> After seven days the dog is legally no longer the property of its owner and is able to be re-homed.*
> ...


However the moral dilemma unfortuanately isnt so clear and straightforward.

I can sympathise with you as if the dog has become part of your family and you have grown to love her, you like anyone else would of course want to keep her and I would hate to be in your position and in your position would be devastated at the thought of giving her up if she was mine.

At the same time though, If one of mine had been lost, and in spite of doing everything I could, hadnt managed to track her/him doen for whatever reason until after the 7 days had expired and rehoming had taken place, I too would be equally devastated and heartbroken.

So can see both sides from both points of view.

I feel so sorry for both of you OP. Legally you are in the right, Morally though as said what is best for both owners and the dog.


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## Fizzynicky (Mar 2, 2013)

Hi
Sorry to all for late reply but my broadband has been down.
Well I eventually made the decision that I would give the dog back as some of you have stated it's not all about legalities but also morals.
I took the dog plus 16.00 sack of food plus all bed and toys so she could have them to take with her.
Oh boy do I wish I hadnt promised to give her back.
The woman was horrible ,mouthy,and not in the slightest bit grateful that I had made the decision in her favour .she didn't even say thank you.
I am now left with the feeling that my home would have been the better option for our gorgeous little friend .
Thanks to all your comments and help.
Heartbroken ex dog owner


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## thedogsmother (Aug 28, 2008)

Fizzynicky said:


> Hi
> Sorry to all for late reply but my broadband has been down.
> Well I eventually made the decision that I would give the dog back as some of you have stated it's not all about legalities but also morals.
> I took the dog plus 16.00 sack of food plus all bed and toys so she could have them to take with her.
> ...


I am so so sorry that youve had that to deal with, all I would like to say is that your situation is almost unheard of in the rescue world, it really should never have happened. You need to be proud of your actions and his owner should be ashamed of hers, please dont let her put you off rescuing in the future, it sounds like you would make another dog very happy.


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## fierceabby (May 16, 2011)

So sorry it ended like that 
I hope you can move past it enough to rescue again and hope it hasn't put you off.


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## DKDREAM (Sep 15, 2008)

i am very sorry her last owner has treated you like rubbish. I hope they get treated like crap of someone for being so cold and mouthy, she should be so ashamed of herself, and thanking you over and over. People like her are so rude


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## Sled dog hotel (Aug 11, 2010)

Fizzynicky said:


> Hi
> Sorry to all for late reply but my broadband has been down.
> Well I eventually made the decision that I would give the dog back as some of you have stated it's not all about legalities but also morals.
> I took the dog plus 16.00 sack of food plus all bed and toys so she could have them to take with her.
> ...


I am so sorry you have had to go through this, and also to find the sort of home she was in previously makes it even harder. I know how hard the decision must have been for you. Its obvious that you all have lots of love to give and a brilliant home waiting, and Im sure there is a dog out there who would love the opportunity, so many are in rescue. 5 out of my 6 have been rescues and I would do it again in the future so please dont be put off.

I hope you find your dog and in time it will begin to heal the hurt you are feeling now.


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## colliemerles (Nov 2, 2007)

Fizzynicky said:


> Hi
> Sorry to all for late reply but my broadband has been down.
> Well I eventually made the decision that I would give the dog back as some of you have stated it's not all about legalities but also morals.
> I took the dog plus 16.00 sack of food plus all bed and toys so she could have them to take with her.
> ...


_i really feel for you, it must be heart breaking to send her back to a home that doesnt sound very nice at all. please take some time out,your feelings must be all over the place, then maybe go and look for another dog, there are so many out there needing loving new owners like you,once again my heart goes out to you, but dont give up, there is a dog out there that needs you._


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## Riff Raff (Feb 12, 2013)

This is always a terrible situation. We have had this happen occasionally with dogs in the care of the rescue I foster for. Here the law is clear, we are entitled to go ahead and rehome the dogs. What usually happens is that the rescue will consider an application from the previous owner and perform a property check etc just as they would any potential owner. If the previous owner can demonstrate ability to care appropriately for the dog, and suitable housing and fencing, they will get the dog. If they are considered unsuitable applicants, the dog will be opened up to new applications.

I believe only once has a dog actually been rehomed before a previous owner came forward. In that case the dog was microchipped but the number had been recorded incorrectly on a database. The new owners chose to surrender the dog back to the previous owners, who appeared to be good dog owners.

I really hope you eventually find a great dog OP, so sorry you had to go through such an upsetting situation.


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## Cockerpoo lover (Oct 15, 2009)

How sad.

7 days isn't a long time to try and find a missing dog, if it goes out of the area and you are ringing around everywhere, and if mine got lost I would be heartbroken if they got rehomed, so quickly.

However anyone taking on a rescue does so in good faith and to be put in this position when you have bonded it's upsetting.
Morally you did the right thing and you can take some comfort in that, such a shame however that the owner wasn't what you was expecting and was ungrateful.

Sending you hugs, as you must be feeling upset. x


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## Wobbles (Jun 2, 2011)

.............


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## we love bsh's (Mar 28, 2011)

Riff Raff said:


> This is always a terrible situation. We have had this happen occasionally with dogs in the care of the rescue I foster for. Here the law is clear, we are entitled to go ahead and rehome the dogs. What usually happens is that the rescue will consider an application from the previous owner and perform a property check etc just as they would any potential owner. If the previous owner can demonstrate ability to care appropriately for the dog, and suitable housing and fencing, they will get the dog. If they are considered unsuitable applicants, the dog will be opened up to new applications.
> 
> Im sorry but who are you as a rescue to dictate whether a owner should have their dog back if the dog lost.Whats it to you if they have a fence!Surly this isnt legal that you can say you cant have your dog back cause you dont have a fence,blimey.


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## 912142 (Mar 28, 2011)

Fizzynicky said:


> Many thanks for your quick reply.
> I feel guilty as it might be from a loving home,however they have never tagged or micro chipped the dog to keep it safe.
> I have asked the kennels if I might meet the owners to see what type of home she has come from to put my mind at ease.
> This dog is only a mongrel but has made my children very happy and we will be most upset to return her especially as we have just had a bereavement .
> Many thanks once again


Not microchipping your dog doesn't make you a bad owner - the couple could possibly be older and unaware of microchipping who knows - you have to do what is best for your conscience.


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