All Dogs Matter | Our statement on Nennella
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Our statement on Nennella

Frequently Asked Questions About the Nennella Case

Nennella came into our care after she had been found as a presumed stray. She was found with no microchip, tag, or collar on a train station platform in Tottenham by TFL staff. She was then transferred to Haringey council holding pound for her statutory seven days. She was then transferred to us afternoon of the seventh day, when she was signed over to us by the council for rehoming.
Dogs must remain in the care of the council pound for seven days after being found unless, of course, an owner comes forward and they are able to prove that it is their dog. The dog will then remain in either their council’s premises (holding pound), or be transferred to registered rescue centre like All Dogs Matter. Regardless of when the dog is handed to a rescue centre, the dog is never rehomed before this seven day period is up. Charities can act as an agent for local councils, and as such we work in conjunction with Haringey dog warden service, and other neighbouring council pounds who regularly transfer dogs to us when they are struggling in their holding pound. This includes dogs who are particularly vulnerable either due to age, stress, ill health, or any other humane reason. The Animal Welfare Act 2006 states that in the interests of a dogs welfare, the dog may be transferred by the council to a more suitable environment such as an approved rescue centre or foster home. Understandably, dogs often find the pound a stressful environment, whereas our facilities and staff can offer a safer environment to provide more specialised care. However, dogs will only be available for adoption once the seven day period has passed and we have not been contacted by an owner. The dog is at that point, legally signed over to the charity. This is not a policy unique to All Dogs Matter, and is the standard procedure across most boroughs and charities.
Nennella came to us on having spent seven days in Haringey dog warden’s care, and remained with us for a further 14 days, at which point she was formally adopted by her new owners.
When a dog is found as a stray, the council pound/dog warden and rehoming charity will attempt to find the owner by scanning for a chip and checking https://www.doglost.co.uk. However, without a microchip or tag, it is extremely difficult, and we are reliant on the owner coming forward.
By the time Nennella’s original owner contacted us, she was no longer legally our dog, as she had already been officially adopted by a new owner. We were later contacted by a Facebook group campaigning for the return of Nennella on behalf of her original owner. At this point she had been adopted, and the group asked for her new owners details. Due to data protection laws we could not give out any personal information relating to the new owners, and we have no legal recourse to remove the dog from their new owner. In the eyes of the law they are the rightful owner who has adopted the dog in good faith. In court the new owner has be found to be an innocent party.
Nennella has been in her new home for 10 months and is happy and settled. We assess and home check all our potential adopters to ensure they are the right match for each dogs specific needs.
At the hearing on the 25th of July, Nennella’s original owner was granted an NPO (Norwich Pharmacal Order), which allows his lawyers, under very strict conditions, to contact Nennella’s new owners. Both All Dogs Matter and Nennella’s new owner were found to be innocent parties, as we had acted within the law and in good faith at every stage of this case.
We received a summons to go to court from the legal team of Nennella’s original owner, as we were legally unable to pass on the details of Nennella’s new owners without violating privacy laws. As we were taken to court and found to be an innocent party, our costs have been minimal, and have not diverted valuable resources away from vulnerable dogs needing our care. We will always avoid going to court wherever possible.
As we were taken to court and found to be an innocent party, the judge ordered that our court costs were to be paid by Nennella's original owner. This ensures that costs are not diverted away from providing treatment and care for vulnerable dogs. The cost for the court hearing, solicitor, and barrister came to around £9500, and we have agreed on a fair payment plan. We have made no financial profit from this case.
Since 6 April 2016, all dogs in England, Scotland and Wales must be microchipped. As of that date, owners of dogs and puppies over the age of eight weeks must also have registered their pet’s microchip details on one of the authorised databases. These databases are run by private companies, and not by the government or the council. Under the new law owners are also required to keep their pet’s details up to date with the database. As well as being microchipped, it is still a legal requirement for dogs to wear a collar and tag with the owner’s name and address on it when in a public place. Owners who do not get their dog microchipped and registered with an approved database face a fine of up to £500.

This has been a difficult period for all parties involved. All Dogs Matter have acted within the law and with Nennella’s best interest at heart every step of the way. We will continue our vital work rehoming dogs in need.

We will not tolerate any abuse towards our staff who are animal lovers working hard to advocate for dogs in need.

 

 

Update as of 14th July 2021

Nennella was taken to the Haringey dog pound in Waltham Abbey after being found on a busy train platform in Tottenham. She was not micro-chipped, as required by law, or wearing a collar and a tag to be able to identify her. Nennella was kept at the dog pound and then transferred to our charity, All Dogs Matter, for rehoming. We then placed her in foster home, as she was distressed in kennels, before formally rehoming her to a safe new home 14 days later.

We acted in good faith and with Nennella’s best interests in mind and – alongside Nennella’s new owner – were found to be innocent parties in this case.

The details of Nennella’s  new owner have not been given to Mr Bochetti only to his legal team as the judge was very concerned about the threats made by individuals online towards our charity staff and Nenella’s new owner.

Nennella is really happy and settled in new home, where she has been for 10 months, after being adopted and her loving new owners would be heartbroken to now lose her.

It’s a regrettable situation for everyone involved and we sympathise with all parties.

9th July 2021 

At a hearing on Thursday 8th July before the Central London County Court HHJ Dwight made an order, known as “Norwich Pharmacal” order, which requires us to identify the new keeper of a seized dog which was found as stray without a microchip or collar. The identity of the new keeper of that dog is not to made public and contrary to some claims on social media does not mean that the dog will be handed over to Mr Bochetti. It simply means that the details of the new keeper will be made available to Mr Bochetti’s legal team in order that they can consider bringing a claim against the new keeper.

We take this opportunity to remind every one that it is a legal requirement for dogs to be microchipped and to wear a collar which identifies their owner and which will enable the owner to be reunited with their pet if their animal strays. Having your dog properly identified will enable you and your dog to be reunited much more quickly and much more cheaply than not doing so.

We sympathise will all parties concerned in this case. Any further updates will be posted here.

2nd December 2020

All Dogs Matter is a long-established well renowned rescue centre that works tirelessly with local councils to safely rehome stray and unwanted dogs saving them from often having to be put to sleep.

Owners are responsible for ensuring that their dogs do not stray and have a legal requirement to microchip their dog and ensure it wears a collar with a tag identifying the owner. In that way anyone finding a stray can contact the owner.

Dealing with stray dogs is regulated by law and local councils have for over 30 years been responsible for them. Where a council takes in a stray dog, they must first and foremost contact the registered owner if there is one and send out a section 149 notice to the registered address. If the dog is microchipped the dog can be returned to its legal owner but when there is no way of contacting a dog’s owner and that owner does not come forward after seven days the council is at liberty to pass the dog on to a contracted rescue centre where they will find them a new home.

In Nennella’s case she was picked up as a stray by Harringay Council. She was not wearing a collar or an ID tag and was not microchipped. After seven days Nennella was passed to our charity for rehoming. She remained on our website and in our care for a number of weeks before we matched her with a suitable forever home.

We have been made aware that a group wants to challenge the law that applies to strays, after raising significant funds, and has arbitrarily chosen Nennella’s rehoming as a test case resulting in All Dogs Matter now possibly facing being joined in a court case despite having acted completely legally. Our solicitors have been in touch with Harringay Council’s legal team who have also confirmed that they are satisfied that Nennella’s case has been handled correctly and in line with legislation. Being forced to defend totally accepted rehoming practice, we will have to use limited funds to deal with this case which could otherwise be used saving and improving dogs’ lives.

We are concerned that supporters of this campaign have made inappropriate, misleading and derogatory remarks about All Dogs Matter including insults and threats. Our volunteers and staff have a right to work safely without being subjected to this offensive behaviour. All appropriate action will be taken against anyone who behaves in this way, hindering our humane and important work saving dogs’ lives.

We urge the public to always microchip their dogs, tag them and keep their details up to date to ensure that if their dog goes missing they can be much more easily located and reunited.