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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10087
Experience:  30 years as a practising solicitor.
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I'm looking advice, Just on Friday two my family dogs

Customer Question

I'm looking for some advice, Just on Friday two my family dogs escaped and where uplifted by police then handed to SPCA. I called them to day about collecting my family dogs and was told they can't release my dogs as the 'inspector' on the case has told them to hold and not release the dogs based on what was said to me on the phone the dogs hair where matted.
I know they are a charity and have no legal capacity. I know they will charge my family sum monies for keeping the dogs in over the weekend for shelter. My question is what legal capacity do they have in refusing us collecting our dogs (who are family members)?
Your advice would be greatly appreciated
Kind regards
Damien
Submitted: 7 months ago.
Category: Scots Law
Expert:  JGM replied 7 months ago.
The legal basis is under the Animal Health and Welfare (Scotland) Act 2006. Unlike officers of other animal charities in other parts of the U.K. and beyond, SPCA inspectors do have the power to hold animals if they suspect mistreatment. You will have to insist on seeing the inspector involved to see what his specific concerns are. I hope that helps. Please leave a positive rating so that I am credited for my time.