Ernie the spaniel is facing a fight to stay out of local authority kennels

Ernie the spaniel was rescued by Nicole Abraham 56, of Goldcliff, Newport, when she found him on the side of a road in Cardiff on Saturday March 31.

She posted on Facebook appealing for Ernie’s owners to come forward, and says she has since faced an uphill battle to keep the dog from being taken away by Cardiff City Council’s dog wardens. 

Under the Environmental Protection Act 1990 anyone who finds a dog should be allowed to keep it for a period of 28 days. If an owner doesn't come forward after that period they may keep the dog indefinitely, but an owner can still come forward at any point if they can prove the dog is theirs.

But Cardiff council has said a stray dog can only be kept with confirmation from an authorised council officer.

Ms Abraham called the situation "overwhelming".

“We posted online to see if we could trace any owners after finding Ernie and we immediately started getting lots of supportive responses and advice," she added.

“We had him scanned and learned his name and age. But the only registered address was his breeder 11 years ago.

“A vet said to get him in the condition he was in would have taken six to eight weeks of neglect. He weighed the same as a Jack Russell. 

Ms Abraham also claims she has been accused of stealing the dog in posts online, by a person saying they are affiliated by Cardiff Dogs Home, which is run by the council.

“We started noticing posts online saying we had ‘stolen' him. One of the people posting said they were affiliated with Cardiff Dogs home."

Ms Abraham called the dogs home when they reopened on Tuesday, and was dismayed to be told she would not be able to keep the dog.

She said: “Is was just ridiculous.

“They said: ‘I can assure you that this dog will be coming into Cardiff city kennels’.

“If the owner turns up and claims him, then brilliant. In the meantime we can give him a good home."

Standing by Ms Abraham in her fight against the council is Nicola Kebbell, a trustee of the dog rescue charity Spaniel Aid, who has also contacted Cardiff Dogs Home.

She said: “We were asked to help because we have a particularly good knowledge of the stray dog laws. 

"When I rang, they didn’t seem to know what they were talking about to be honest.

“I’ve worked for the charity for three years and I’ve never this before. I have no idea why they want to get their hands on him so badly. 

“We’ve been contacted by solicitors and dog wardens from all over the country who have all offered support. We want Ernie to stay with Nicole indefinitely.”

Ms Abraham's daughter set up a Facebook page for Ernie which has been followed by almost 2,500 people. 

A JustGiving page was also been set up to cover Ernie’s veterinary and care bills. So far, the page has raised £1,170, far outstripping its original target of £250. 

An online petition has also been created today calling for Ernie to be kept out of the kennels. 

A Cardiff City Council spokesperson said: “What has happened in this instance, is that a Newport resident has found a dog straying in Cardiff and has chosen to take the dog home to their property in Newport. However the person only notified Cardiff Dog’s Home that they had the dog some 72 hours after finding it and in this period set up a Just Giving page to raise funds to look after the animal.

“We strongly advise that the person brings the dog to Cardiff Dog’s Home, so that necessary checks can be made to see if the rightful owner can be identified. Currently these investigations are being impeded by the dog not being in our possession. If the owner cannot be identified, and the dog does need to be re-homed, the person that has found the dog straying will have the opportunity to adopt the animal, if they are deemed suitable to do so, and have indicated to the Council that they wish to do so.”

“Further it is possible the actions undertaken by the individual in taking the dog, may have compromised any potential welfare investigations that could be pursued by Council Officers or the RSPCA.

“Officers are working with the person who found the dog to ensure that they fully comply with their legal duty, as any person who finds a stray can only keep a dog upon receipt of confirmation from an authorised officer from the Council that they can do so. Such confirmation has not been given in this case."

Links to Ernie’s Just Giving page and his online petition can be found at https://www.facebook.com/Ernie-the-spaniel-156161581725544/?ref=br_rs.