Farmers seek legal advice over sudden closure of SFI
© Tim Scrivener Farmers across England are considering legal action following the abrupt closure of the Sustainable Farming Incentive (SFI) scheme by Defra, which left many in the midst of their applications with no notice.
The Tenant Farmers Association (TFA) has received numerous complaints from farmers who were unable to finalise crucial details before the scheme was unexpectedly shut down, despite prior communications suggesting they would receive at least six weeks’ notice before any deadline.
Many of these farmers had been under the impression that the SFI window would remain open for longer, allowing them ample time to complete their applications.
See also: Farmers share how bombshell SFI closure will affect them
However, Defra’s sudden decision to close the scheme to new applicants from 11 March has left these farmers, particularly those in the final stages of their applications, in a state of uncertainty.
The TFA has voiced concerns that the lack of notice has caused unnecessary disruption and hardship for farmers, many of whom now feel misled by the government.
Some have sought legal advice, with lawyers suggesting they may have grounds for a case against Defra for failing to uphold the commitment of a six-week notice period.
The TFA has requested details from Defra about the number of “in-flight” (in progress) SFI applications on the Rural Payments Agency (RPA) system before the scheme’s closure, as well as what stage these applications had reached.
The association is urging Defra to grant a grace period, enabling farmers whose applications were near completion to submit their applications.
It argues that these farmers had a legitimate expectation that they would be given more time to complete their submissions and are now facing avoidable setbacks.
The TFA has written to Defra farming minister Daniel Zeichner, requesting an extension for affected farmers and a review of premature closure of the scheme.
Its concerns are echoed by other farming organisations, including the NFU, which has also written to Defra seeking a review and urging the government to take immediate action.
“We inherited farming schemes which were underspent, with farms missing out on millions of pounds.
Government statement
A UK government spokesperson said: “The government proudly secured the largest budget for sustainable food production in our country’s history.
“We now have record number of farmers into schemes and more money being paid to farms than ever before. As a result, we have now hit the maximum limit of the scheme and have stopped accepting new applications.”
Defra says it will reopen a new and improved SFI scheme with more details coming this summer.
‘How can we trust Defra again?’ ask farmers
One case highlighting the issue is that of Mike and Jen Pinard, who run a 121ha sheep and arable farm in Godstone, Surrey.
The couple had been involved in agri-environment schemes for years, including the original Countryside Stewardship scheme, and were in the process of applying for the SFI 2024 scheme.
However, they encountered persistent technical problems with the RPA portal, which prevented them from entering critical information.
After withdrawing their application five times in an attempt to resolve the issues, they were told that the software would be fixed.
But before they could resubmit, Defra closed the scheme on 11 March.
“The scheme clearly states that Defra will give six weeks’ notice if they plan to close it,” said Mr Pinard.
“That’s written in plain English, no ifs, buts or maybes. How can we believe anything they say ever again?”
With spring planting season fast approaching, the Pinards now face a serious dilemma.
Without the ability to finalise their SFI application, they find themselves with land that is no longer part of any scheme, leaving them without the necessary financial support.
“What are we supposed to do? Rip everything up?” Mr Pinard asked, highlighting the severe impact of Defra’s decision on their farming operation.
The TFA continues to lobby on behalf of farmers like the Pinards, urging Defra to resolve the situation quickly.
Explore more / Transition
During the series we follow our group of 16 Transition Farmers through the challenges and opportunities as they seek to improve their farm businesses.
Transition is an independent editorial initiative supported by our UK-wide network of partners, who have made it possible to bring you this series.
Visit the Transition content hub to find out more.
