Natural England censured by the High Court

The latest BBC Wildlife Magazine has a short feature on our recent gruelling court battles to seek justice for badgers and the places where they live.  Natural England threw detailed legal arguments at us last autumn in a bid to try to stop crucial evidence from designated sites expert Dominic Woodfield being submitted to the Judicial Review. This skirmish added a permission hearing, a process that cost us an extra £16,000, that we somehow found due to the generosity and determination of The Badger Crowd.

Over the judicial process last year, NE had already indicated that some SSSIs had been inadequately assessed during issue of the 2017 cull licences. A new judge then ordered a sample of 45 SSSIs to be checked and in the run up to the March 2019 hearing, Natural England agreed to prohibit badger trapping on SSSIs within 100m of all watercourses where otters are a protected feature. NE also agreed it would prevent the placing of cage traps in the marsh/riparian wet areas, and to disallow the digging-in of cage traps at dawn and dusk. Our pressure resulted in NE confirming that when it said ‘’avoid’’ it meant ‘’prohibit’’, removing the ambiguity that may lead to avoidable disturbance and potential damage to wildlife. 

Readers should also know that potential problems with 25 of the 45 SSSIs were ‘parked’ and not explored in detail, partly because the judge invoked something called the Senior Courts Act 1981 (duty to refuse relief where outcome not substantially different). This means that even if we were proved right in our claims that assessments of these SSSIs were not done correctly, the judge accepted NE’s defence that this would have made ‘no difference’ to the safeguards they would have required when licensing. However the ‘no difference’ defence does not cover up the primary failure of assessment, and this is one reason why we are appealing. 

Natural England conceded that their assessments were defective on three SSSIs before we got to court. They also made several adjustments and amendments to their licence conditions in response to our claims. The judge then found we were right on a further 3 of 45 SSSIs. He relied on the ‘no difference’ defence to avoid getting into the detail on a further 25. Put all these things together and the magnitude of Natural England’s failures could  involve well in excess of 10% of sites. Bearing in mind that this is a sample, and that over 1,000 SSSIs in and around the west of England may be influenced by the direct and indirect impacts of badger culling, dozens of sites may be subject to damaging impacts right now.

We can only hope that we are allowed to appeal this section of our challenge and that Natural England will be found to be wrong over their view of how weak SSSI protection is in law.

This part of the legal challenges has been led by expert work from  Dominic Woodfield, who has again put in an enormous effort and for whom huge credit and thanks are due.

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Another generous donation….

The Badger Crowd had a major fundraising boost  this morning with a generous £5000 donation from a past donor. Now with permission to appeal aspects of last year’s cases, and Court dates of 2/3 July, we have a vital (and possibly last) opportunity to oppose the Secretary of State’s approval of Supplementary Badger Culling and Natural England’s dubious approach to eco-impact assessment. Find out more about other our other current and potential challenges by reading ‘Our Legal Cases’. Please take action and donate now if you can. Tell your neighbours, friends and family. We must make every effort to stem the tide of blood that is the unethical, unscientific failed English badger cull, based on flawed epidemiology.

THANK YOU TO ALL THE GENEROUS DONORS IN RECENT WEEKS. YOU ARE PART OF THE BADGER ARMY.

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What we’ve been doing……

Last year we brought a High Court Judicial Review claim, that to keep culling badgers after a four-year cull was an unlawful, unproven approach to bTB control. In addition, we claimed that safeguards to nature reserves from ecological damage following badger removal were inadequate. Defra and Natural England continue badger culling in England on an increasing scale, killing 67,000+ badgers to date, based on what we say is wrong advice, decision making and procedure. We ended on the wrong side of the finely based decisions, but with advice that applying to appeal would be worthwhile.

Back in Court in March 2019, we successfully showed how Natural England had  breached their duty under Section 28 of the Wildlife and Countryside Act 1981 with many inadequate assessments prior to licensing culls. We showed how Natural England’s systems were at fault and how they have extensively changed their procedures since our challenges began in 2017.

We now have leave to appeal aspects of the 2018 judgments and need to raise £28,000 by July 2019 for this. We are also seeking permission to appeal the March judgment, where the Judge agreed that we were correct in some aspects, but ruled in favour of Natural England..

In addition, we are at various stages of challenge on several other issues including the 2018 Low Risk Area (LRA) badger culling policy, the Cumbria LRA 2018 Licence specifically, other 2018 badger cull licences and regarding Supplementary Culling in Gloucestershire and Somerset pilot areas where bTB rates are increasing. Several thousand pounds for each of these is required to establish feasibility and to determine potential outcomes even before applying to the court. 

Against very difficult odds, sufficient progress has been achieved for this work to continue. Our intention is to seek legal justice for wildlife and people by having all our arguments clearly heard in Court. Financial support has already generously been given by badger groups, trusts, charities and members of the public and together we are a major force for change. We hope that people not already part of The Badger Crowd will read this appeal and spread the effort by joining us and asking others to do so too. Every donation, no matter how modest, contributes to the total required. Thank you for caring and please help us if you can.