A legal challenge by wildlife groups the Badger Trust and Wild Justice against the granting of badger culling licences has been given permission to be heard in the High Court.
The 26 supplementary licences were granted by Natural England against advice from its own scientists and allowed farmers to kill badgers between June and November 2024.
The Badger Trust and Wild Justice argue that the licences were granted unlawfully to help maintain the confidence of the farming community, rather than for the proper purpose in law of preventing the spread of disease.
Applications for the 26 culling licences were submitted to Natural England in February 2024. After considering the applications in April, Natural England’s director of science concluded that following four years of intensive badger culls, alternatives such as a vaccine meant that there was no requirement for further culling.
The conclusion stated that there was “no justification” for issuing the licences, and that a vaccination could be successfully deployed.
However, Defra officials advised that the licences not being granted could negatively impact Defra’s relationship with the farming industry.
Defra officials advised Natural England that abrupt policy changes would “seriously undermine” its ability to work constructively with the farming industry on disease control.
Following this advice from Defra, in May 2024 Natural England decided to grant the supplementary licences for the period 1 June to 30 November, contrary to the advice of its director of science.
The Badger Trust and Wild Justice, represented by law firm Leigh Day, launched a judicial review challenge against Natural England’s decision to grant the licences in August 2024.
Following a renewal hearing in May 2025, a judge granted permission for the claim to continue in the High Court on all grounds.
The grounds of claim are:
- Natural England unlawfully exercised the statutory power to issue licences to kill badgers for the improper purpose of maintaining farmers’ confidence in the Secretary of State’s policy, rather than for the narrower (and proper) purpose of “preventing the spread of disease”.
- Natural England had considered arguments that were legally irrelevant to its decision on whether to issue the licences. These included the consequences of the decision for its relationships with Defra and the “farming community”, and for its own budget and the wellbeing of its staff.
- Natural England failed to provide adequate and rational reasons as to why the licences should be issued after its director of science had advised that there was no scientific justification for issuing the licences.
The judicial review hearing is expected to be later this year.
Nigel Palmer, CEO of the Badger Trust, said, “This is a landmark decision that casts doubt on Natural England’s ability to act in the interest of nature and wildlife. The 2024 supplementary cull licences should not have been issued against Natural England’s own advice leading to the death of thousands more badgers. This must mean the end of issuing any further badger cull licences in any part of England and the Badger Trust now calls on the government to end the culls now.”