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Independent Appeals Process

Appointed Person appeal process

If you have an agreement approved under the Farm Woodland Premium Scheme (FWPS), you have the right to appeal a decision by Forest Services (FS) to the appropriate Minister through the ‘Appointed Persons’ process. However, an agreement made under section 78 of the Natural Environment and Rural Communities Act 2006 has transferred almost all of the Minister’s responsibilities to the Forestry Commissioners. This process is now administered by Mr Richard Barker in the Director’s Office at the Forestry Commission (FC).

Richard Barker can be contacted in the Director’s Office, Forestry Commission, 620 Bristol Business Park, Coldharbour Lane, Bristol, BS16 1EJ.

Mr Barker will advise whether your request for an appeal is deemed as appropriate or not. There will be some circumstances, such as the imposition of a penalty on a claim where, due to EU Regulations, it would be impossible for FS to take any other decision, where the ‘Appointed Person’ appeal process would be inappropriate.

An independent ‘Appointed Person’ will undertake a review of the case and make a report to the FC for their consideration. The cost of the ‘Appointed Person’ is met by the Forestry Commission, but the person making the appeal must meet their own costs. The ‘Appointed Person’ will consider all of the details of the case and provide a report to the Forestry Commission. The Forestry Commission will then take this into account when the decision on the case is retaken. The Commission is not  bound to accept any of the recommendation of the ‘Appointed Person’ especially where a Regulation prevents it from making any other decision to the one it has already taken.

Independent appeal process for Woodland Grant Schemes

If there is a disagreement about whether or not you have met the requirements of a woodland grant scheme agreement then this falls within scope of the ‘Disputes’ clause within the grant scheme terms and conditions.  You should look at the clause in your agreement but in most cases you or we may ask for the matter to be decided by an arbitrator chosen from a panel of arbitrators agreed jointly by us and the Institute of Chartered Foresters. The cost of this process are shared equally between the parties. Any notice under the disputes clause should be sent to the Forest Commission current National Office (620 Bristol Business Park, Couldharbour Lane,  Bristol, BS16 1EJ). This is because offices have moved or closed during the life of the agreement.

Last updated: 31st January 2018