Police accused of wrongly euthanising XL Bully puppy days after ban

Police have been accused of not following proper legal procedures before having an XL Bully puppy destroyed after it was handed in at a rescue centre.

Vet Sharon Williams, who runs Celandine Wood Animal Rescue in Wirral, Merseyside, claims eight-month-old Esco was put down within 24 hours of being seized without a destruction order being granted by a court.

Ms Williams said that she was denied the chance to apply for ownership of the dog and an exemption certificate, as the law can allow in certain circumstances.

After a series of deadly dog attacks, ownership of an XL Bully is now restricted under the Dangerous Dogs Act 1991 and it has been illegal to own the dogs without an exemption certificate in England and Wales since 1 February.

Esco was rehomed by Celandine Wood before the ban came into force but the dog was handed in to the Animals in Distress rescue centre in Devon on 12 February, in an emaciated state and appearing to have been physically abused with cuts to his body and a head wound.

The centre contacted Devon Police to establish whether Esco was an XL Bully and says the dog was seized by an officer a week later.

However, Ms Williams claims that when she called police less than 24 hours later to see if Esco could return to her kennels, she was told the dog had already been put down.

The Dangerous Dogs Act states that for a dog to be put down under the law, police must seek a disclaimer from the owner or apply to a magistrates court for a destruction order.

Ms Williams believes the speed with which Esco was euthanised suggests a court order was not sought and Animals in Distress said it had not signed a disclaimer.

She said: “The sergeant verbally told me that he didn’t have time to follow up information on dogs and that he had too many dogs and too high a work load.

“It was very apparent that he had done no due diligence to provide this dog with any options.”

Devon Police said it has received a complaint regarding the matter but declined to comment further.

If an XL Bully is abandoned it is no longer legal for a rescue centre to rehome the dog, however the Dangerous Dogs Act does allow for a “change of keepership” to be considered by a court in certain circumstances.

The Department for Environment, Food and Rural Affairs confirmed that in limited cases it is possible for a court to approve someone other than the owner of a banned animal as a “fit and proper person to be in charge of the dog”, which then would allow that person to apply for an exemption certificate.

Jennifer Kabała, head of dog law at Reeds Solicitors, said: “Dog law is complex.

“The police cannot just turn up and seize a dog from a rescue without a warrant, unless the rescue willingly sign it over to the police by way of a disclaimer.”

On the possibility of a change of keepership being accepted by magistrates, she added: “There is no guarantee that such an application would have been successful, but it would have been a possibility. If the court did not agree, then the dog would have to have been put to sleep.”

Esco had been kept at Sheffield Kennels and Celandine Rescue before his rehoming.

Sarah Knott, of Sheffield Kennels, said the organisation had also made the force aware it would be willing to apply for a change of ownership.

However, she said she felt the ban had made it “nothing short of impossible for Esco”.

Animal charities such as RSPCA and Blue Cross had hundreds of XL Bullies in their rescue homes destroyed before the ban came into force, saying they could have applied for exemption certificates but wouldn’t force dogs to live out their days in kennels for welfare reasons.

If an XL Bully is classed as a stray it is handed over to the care of the local council. If an owner with an exemption certificate has not claimed the animal within seven days then it will be put down.

Following the ban in England and Wales, Scotland has announced it will also follow suit and XL owners have until 31 July to exempt their dogs. New rules are being introduced in Northern Ireland.

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The Dog Control Coalition – comprising Blue Cross, Battersea, British Veterinary Association, Dogs Trust, Hope Rescue, PDSA, RSPCA, Scottish SPCA – is campaigning to end breed specific legislation.

A spokesperson for RSPCA said: “We’re heartbroken that any XL bully dogs in our care after 1 February will have to be put to sleep, due to the Government’s change in law.

“The RSPCA remains vehemently opposed to breed specific legislation; an outdated approach which fails to protect public safety and seriously compromises dog welfare, and we will continue to campaign against legislation that unfairly punishes dogs based on their appearance.”

A spokesperson for Devon Police said: “We have received a complaint which is currently waiting to be reviewed and therefore it would not be appropriate to comment at this time.”

What is an American XL bully?

An XL bully is the largest kind of American bully dog. Other types include standard, pocket and classic.

They are not recognised as a specific breed. The UK Government published guidance to help identify XL bullies.

Dogs will be considered XLs if they meet the minimum height and a substantial number of other characteristics.

Male XL dogs stand from 20in (51cm) high at the shoulder, and female XLs are only slightly smaller.

They are described as large dogs “with a muscular body and blocky head, suggesting great strength and power for [their] size”.

Other banned breeds include the pit bull terrier, Japanese Tosa, Dogo Argentino and Fila Braziliero.