As of 2024 we now have 5 banned breed dogs across England and Wales they are the Japanese Tosa, Togo Argentina, Fila Brasileiro, Pitbull Terrier, XL Bully. You can legally own one of these dogs providing you have been granted exemption. The conditions of exemption are for the remainder of the dogs life and must be followed. One of these conditions is that a banned breed dog cannot be rehomed however there is exceptions.
A serious illness can be anything that is deemed to be serious by a medical professional. The illness must impact the owners ability to care for the dog in question. Evidence of illness will be needed and a formal application will be made to the court. The new owner who intends to take the dog must be fit and proper able to follow the rules of exemption. It helps if the new intended owner is known to the dog.
If the owner of an exempt dog sadly dies then an application should be made to the court within 6 weeks of the death. Proof of death will be required alongside the application.The new keeper does not need to be known to the dog however they must be fit and proper able to follow the rules. After the 6 weeks has passed an application under S4B will be the only other option to change ownership, however under S4B Dangerous dogs Act the new owner must have cared for the dog in the past.
It is understandable that many people do not think to apply to the court within 6 weeks of the owners passing but it is essential if the new owner is not known to the dog.
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Change of ownership is not straightforward and will in most cases require the help and support of a solicitor who is familiar with the Dangerous Dogs Act 1991. Sadly legal aid is not available for this.. There are many great groups and charities online who may be able to help you with funding towards this.