NFU threatens Defra with legal action over Els payments

The NFU is threatening Defra with legal action after it failed to pay farmers under the Entry Level Scheme.

More than 100 farmers have been left without payments despite being offered conditional agreements and assurances from Defra they would be eligible for full ELS stewardship status from August 1 2005.

The ELS rewards farmers for providing environmental benefits on their land. All of the 112 unpaid farmers fulfilled their obligations and expected to be paid – just as full ELS agreement holders are -every six months, starting in February 2006. But they have been left in the dark after receiving no word – or money – from Defra.

NFU chief legal adviser Julie Robinson said: “Defra had six months to contact individuals if there were any problems with processing their applications. Farmers acted in reliance on these conditional agreements on the understanding that, provided they complied with the scheme rules, they would be treated in the same way as if they had been granted a full agreement.

“It is unfair and unreasonable for Defra to refuse to pay these individuals and the NFU is prepared to bring judicial review proceedings on behalf of the affected members.”

The NFU sent a pre-action letter to Defra today (Friday) calling for payments to be made to those still under conditional agreements.