An NI animal charity is to take legal action over an NI council’s handling of an abandoned puppy which faces being euthanised following a dispute over its breed.
Fears are growing for the future of Max, who is currently in the care of Lisburn and Castlereagh Council after an offer of an independent assessor was rejected in favour of a council-appointed assessor.
It has now been revealed that the result of that assessment has confirmed the council’s initial finding of ‘a pit-bull type’ breed.
Campaigners had hoped that an assessment, carried out by one of several independents put forward by the USPCA, would aid their bid to have seven-month-old Max released from kennels, where he has been held since being found abandoned in Dundonald on December 10.
It’s understood that the council rejected those offers from the animal charity, and that Max was assessed on Wednesday this week.
With the result of the assessment confirming the council’s own initial findings, Max could now be legally euthanised at any time.
The Ulster Society for the Prevention of Cruelty to Animals (USPCA) has said it will be taking legal action against the council, saying it has reneged on a commitment to work in partnership with the organisation.
Nora Smith, CEO, said: “The lack of consultation and failure to follow through on their public commitment to elected representatives to work with the USPCA is deeply disappointing.
“People are really concerned about Max’s future and how Lisburn and Castlereagh Council are handling this complex case.
“We are extremely frustrated by the Council’s actions despite their previous commitment to work with us. Max’s future should be determined by a transparent and impartial process of the highest standards that the public can trust.
“While the USPCA continues to offer its assistance to ensure Max is assessed fairly and in accordance with animal welfare standards, in an effort to resolve the situation, the charity is reluctantly taking legal action.”
A crowdfunder has been set up to support the costs of the action.
Lisburn and Castlereagh Council was recently told that Max has been confirmed by dog experts as a French Bulldog/staff cross and poses no threat to the public, and that he should not be on any banned breed list.
They also heard how Max must be at least nine-months old before any assessment can be carried out effectively.
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Lagan Valley MLA Robbie Butler has urged the council to work with the USPCA to determine Max’s future.
“I know a lot of people are very invested about Max the dog that Lisburn & Castlereagh City Council currently have and are planning to euthanise. I am equally invested since, as a dog-owner myself,” the UUP MLA said.
“I know only too well how much joy and love dogs give to their humans every day. To be very clear, Max has not exhibited dangerous behaviour.
“He has been identified as a potentially dangerous breed and the council are rigidly enforcing breed-specific legislation – but this is legislation that many find too heavy-handed and potentially deficient.
“The USPCA has been offering their services to give a professional and robust assessment of Max’s breed but the council has not accepted their offer,” he added.
“I am also aware that there is scope within the legislation for the council to take an alternative course of action given the specific circumstances and all reasonable efforts having been made to track Max’s owner.
“I have contacted the director at the council on this directly to understand the council’s position on this, because I believe there is another route that could potentially save Max.
“I have urged the council to work in partnership with the USPCA and take up their offer of qualified breed assessors – there should be no risk in this, it will either give greater weight to their own assessment, or give a valid reason for stay of execution.
“Breed-specific legislation is a matter of public welfare and that is absolutely paramount, however this piece of legislation could potentially be fine-tuned at Stormont/Westminster to account for unique and challenging situations, such as Max’s.”
A spokesperson for Lisburn & Castlereagh City Council (LCCC) said: “On 10 December 2024, an abandoned dog was collected from the Dundonald area. We have since established the age of the dog to be at least 9 months old.
“It was assessed and determined to be a Pit Bull Type, which is a banned breed under The Dogs (Northern Ireland) Order 1983 (as amended) and therefore illegal to own without a valid exemption certificate.
“Following significant public concern, Council agreed that no further action would be taken until an additional, independent assessment could be conducted to provide further assurance in relation to the breed of the dog.
“An independent and highly experienced Dog Legislation Officer from the Merseyside Police Service conducted the independent assessment on Wednesday 15 January 2025. The outcome confirmed the results of the initial assessment and determined the dog as a Pit Bull Type.
“Elected Members were briefed at a meeting on 16 January 2025. It was agreed that no further action would be taken until clarification was sought on a related legislative matter. This remains a very challenging situation for all concerned. We continue to encourage the owner of the dog to contact the Council as soon as possible.”
Almost 13,000 people have now signed an online petition urging #mercyformax.