A threatened legal challenge coordinated by the NFU, which asserted that ministers had acted illegally in suddenly closing the 2024 SFI scheme without notice in March, has forced the government to rethink.
On Friday last week lawyers for the government said that the Secretary of State for Defra “is retaking the decision to close the SFI Scheme 2024 without notice”, and on Monday Defra has told its stakeholders to await an update relating to those farmers, alongside a promise to launch a new SFI scheme.
The NFU coordinated and fully funded the proposed legal action, through a group of NFU members, arguing Defra had not given the proper notice period of any closure it had promised to farmers applying for the scheme, meaning thousands were left marooned with half-completed applications, some suffering financially having invested ahead of starting the SFI.
The NFU also said that more than 6,000 farmers had started SFI applications when the scheme was suddenly scrapped, and that their cases should be processed.
NFU President Tom Bradshaw said, “We said from day one that this sudden closure, with just minutes’ notice, was wholly unacceptable and always wrong.
“The NFU was determined to use its expertise to challenge this devastating decision, and I would like to thank those members and staff who led this work”.
What this means
The government will now allow further applications to be made under SFI 24 if those who had started their application within two months of 11 March 2025, but who had not submitted the application by that date.
RPA will invite those who started an application after 11 January to apply. There are around c. 3,000 applications in this category.
Limited window to apply
Applicants will be given a limited window to apply. Eligible applicants will be given a six-week window in which to make an application. Updates are planned on details of when the application window will open and close. We do not have details on the timelines.
There are restrictions, these are:
- Only one application may be submitted per farm business
- Agreements will be offered up to a max value of £9,300 per year for the duration of the agreement (excluding the SFI management payment). This is the median average agreement value for existing SFI 24 agreements
- Agreement holders will not be able to add more land to ‘rotational’ SFI actions after Year 1 of their agreement