UFU technical manager blog, written by Sarah Wilson
Throughout the year farmers receive a range of decisions letters from DAERA covering everything from payments, inspections and penalties. While many of these decisions are correct, mistakes can happen, or information can be overlooked. Receiving an unfavourable decision does not necessarily mean the matter is closed. In many cases, farmers can ask DAERA to review their decision and ensure all the relevant information has been considered.
DAERA has a two-stage appeal procedure, called Review of Decisions, designed to ensure decisions are fair, consistent and based on all the available evidence. Many farmers are unaware that this process exists. If the Review of Decisions process is available, details of how to apply will be included at the bottom of the decision letter. Farmers have 60 calendar days from the date of the letter to submit an application, so it is important not to delay.
The first stage of the appeal process is an Internal Review. A written application is examined by a DAERA Case Officer to consider any additional information submitted and determine whether the original decision was correct. It is extremely important to provide all relevant supporting evidence, such as maps, photographs, invoices, livestock movement records or any other documentation that helps explain the circumstances of the case.
If a farmer remains dissatisfied with the outcome of the review, they can request an Independent Panel Assessment. At this stage, the applicant has the opportunity to present their case orally to an Independent Panel. The panel considers the case and makes a recommendation to the Department, providing an additional level of scrutiny and reassurance that all the available evidence has been fairly considered. Farmers can bring representation to the Independent Panel such as their Technical Officer, family member or elected representative. Whilst there is no cost for the initial review, there is a £200 fee for the Independent Panel stage, which is refundable along with the penalty if DAERA’s decision is overturned. Throughout the process, responding promptly to all correspondence and deadlines is extremely important, a missed deadline means the appeal cannot progress.
The UFU Technical Team regularly supports members through the Review of Decisions process appealing penalties for late TB test, pollution incidents, dual claims and more. Technical Officers explain the reasons behind a decision, assess whether there are grounds for requesting a review, help members compile supporting evidence and prepare submissions to the Department. Every case is considered on its own merits, and while not every review will result in a different outcome, many have successfully resolved issues that could otherwise have resulted in significant financial losses. A Review of Decisions is not simply an opportunity to say you disagree with the outcome. It is an evidence-based process, so the strongest applications clearly explain why the original decision may be incorrect and include strong supporting information that was not previously available, when the initial decision was made.
If you receive a decision from DAERA that you do not understand or believe may be incorrect, don’t leave the letter sitting on the kitchen table. Read it carefully, make a note of the deadlines and contact your local Technical Officer as soon as possible. The sooner advice is sought, the more time there is to review the decision, gather evidence and submit a robust application.
