BASC files Judicial Review claim against Natural England

judicial review

BASC has submitted a Judicial Review claim to the High Court over Natural England’s handling of the licensing regime for the release of pheasants and red-legged partridges on or near Special Protection Areas (SPAs) in England.

The legal action follows Natural England’s (NE) response to a Pre-Action Protocol (PAP) letter issued last month. As a result of that letter, NE has agreed to amend the advisory notes in its licences that incorrectly applied wider restrictions on the use of lead shot than was required by law. However, it continues to contest two key elements of BASC’s challenge relating to the definition of ‘release’ and the extension of licensing rules beyond the legal boundary.

BASC is now asking the High Court for permission to proceed with a full Judicial Review of those remaining issues.

Grounds for Judicial Review

BASC believes that NE’s licensing regime remains legally flawed and continues to cause unnecessary difficulties for shoots trying to comply with the law.

At the heart of the case is concern that NE has wrongly interpreted the definition of ‘release’ to be when birds are placed into secure release pens, rather than when they are released into the wild. BASC contends that this interpretation is incorrect and goes beyond what the law allows.

In addition, BASC is challenging NE’s decision to extend licensing requirements beyond the legal boundaries, forcing shoots to obtain licences even when they are releasing birds outside of designated SPA zones.

BASC continues to warn that NE’s approach risks undermining conservation efforts. Much of the habitat management and species protection carried out across the countryside is made possible through sustainable shooting. Shooting contributes over £500 million annually in conservation work, equivalent to 26,000 full-time jobs, delivering outcomes that cannot be easily replicated by the public sector.

BASC chief executive, Ian Bell, said: “While we welcome Natural England’s decision to amend the misleading notes about lead shot, the core issues remain unresolved. The licensing system is still legally flawed, confusing, and creating unnecessary barriers for those working hard to manage the countryside responsibly.

“We are launching this Judicial Review on behalf of our members because they are entitled to clarity, fairness and a system that recognises and supports the essential work they do for wildlife, habitats and rural communities.

“We remain committed to working constructively with government and its agencies, but we will not hesitate to act when decisions put jobs and the future of sustainable shooting at risk.”

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