A DOG from Hereford can now go for a walk without a lead as he is thought to be the first to be added to and then removed from the Index of Exempted Dogs.

Nickalea Deacon's dog, Bronson, was added to the index last year due to his resemblance to a banned breed, a Japanese Tosa, which meant he had to be muzzled and on a lead in public places. Read the earlier story here.

At the beginning of this year, her new neighbours in Hereford complained Bronson was barking a lot, which Miss Deacon said was not true, but her social housing provider, Stonewater said he must be removed from her home as he is classified under the Dangerous Dog Act.

Miss Deacon did not believe he was 30 percent Japanese Tosa, which had been determined from his characteristics, and decided to appeal the court's decision to put him on the index.

At Worcester Crown Court on August 21, the appeal was allowed and Bronson is now free to go for a walk without a lead and muzzle.

Tina Hay, principal at Wheldon Law, who took on the case, said: “This was a significant case because we believe it is the first time a dog has ever been placed onto the Index of Exempted Dogs and then needed to be removed from the index.

"There are currently over 2,500 dogs on the index and many of these dogs will have been placed on there without their owners having the chance to contest the police assessment of their dogs as being prohibited types.

"It is therefore quite possible that there are other dogs on the Index that should not be there.”

Wheldon Law instructed an expert to carry out an assessment on Bronson, who found he was not a Tosa and West Mercia police accepted his findings.

Miss Deacon said: "I feel relieved but I am still waiting for an official letter from Stonewater. Bronson has set a precedent. He has made history and I hope it will help other people contest being on the index."

Ros White, regional director (west) for Stonewater said they had received a number of complaints about noise and nuisance behaviour with regards to Bronson.

She said: “As per the injunction order Stonewater was granted by a judge on April 29 in relation to the behaviour of the dog, the judge ordered that once Miss Deacon has an outcome from her appeal hearing against the initial dog breed decision, both parties will need to go back to court in relation to the injunction.

"To date we have not been made aware at this stage of an outcome from Miss Deacon (or her representative) in relation to the breed type."