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Failed a farm inspection: what to do next

What to do when you receive a non-compliance notice from a farm inspection. Covers understanding your notice, your rights, taking corrective action, and preventing future failures.

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You have received a non-compliance notice

Receiving a non-compliance notice after a farm inspection can be stressful and worrying. You may be concerned about penalties, payment reductions, or further action.

This guide helps you understand what type of notice you have received, what your options are, and how to put things right. Most issues can be resolved without serious consequences if you act promptly and in good faith.

Advice-led approach: Since 2024, regulatory bodies like the RPA and Environment Agency have adopted an advice-led approach. For minor first-time issues, inspectors aim to help you understand and correct problems rather than immediately penalise. This is good news - but you still need to act on their findings.

If you have received a statutory notice from APHA (animal health), Environment Agency (pollution), or HSE (health and safety): These carry legal deadlines and may require immediate action. Read your notice carefully and act quickly - failure to comply is a criminal offence.

Step 1: Understand your notice

Different regulatory bodies issue different types of notices. Understanding which body inspected you and what type of notice you have received is essential for knowing how to respond.

Types of inspection findings

Source Finding type What it means Urgency
RPA Minor breach Verbal or written advice with opportunity to self-correct Correct promptly; usually no payment impact
RPA Moderate breach Written warning with deadline for corrective action Comply by deadline; 1-5% payment reduction possible
RPA Severe/intentional breach Formal enforcement with significant payment impact Payment reduction 10-100%; possible scheme exclusion
APHA Statutory notice Legal requirement to take specific action (e.g., movement restriction, testing) Immediate - failure is criminal offence
Environment Agency Advice letter Informal guidance on issues identified Correct soon to avoid escalation
Environment Agency Warning letter Formal warning of breach; evidence retained Correct promptly; creates record for future
Environment Agency Enforcement notice Legal notice requiring corrective action by deadline Comply by deadline or face prosecution
HSE Improvement notice Legal notice requiring you to remedy H&S breach Minimum 21 days to comply; criminal offence if missed
HSE Prohibition notice Dangerous activity must stop immediately Stop NOW - no compliance period

Severity levels explained

For scheme compliance inspections (RPA), breaches are classified by severity:

  • Minor: Small administrative errors, incomplete records, late reporting where no harm occurred. Typically results in advice and opportunity to correct without payment impact.
  • Moderate: Failures that could affect animal welfare, environment, or food safety, but without immediate harm. Results in formal written warning and possible 1-5% payment reduction.
  • Severe: Serious failures causing or risking significant harm to animals, environment, or public health. Results in 10-100% payment reduction.
  • Intentional: Deliberate non-compliance or fraud. Results in 100% payment reduction, potential scheme disqualification, and possible prosecution.

Understand farm rules after cross-compliance

Which rules still apply, how they are enforced, and common misconceptions about what changed in January 2024.

Read the guide →

Step 2: Know your rights

You have important rights when facing enforcement action. Understanding these helps you respond appropriately.

Right to receive a written report

After any inspection, you should receive a written report of findings. This should include:

  • What issues were identified
  • Which regulations or standards were breached
  • What corrective action is required
  • Any deadline for compliance
  • What happens next

If you did not receive a written report, contact the inspecting body to request one. You need this document to understand exactly what is alleged and to respond properly.

Right to challenge findings

If you believe the inspection findings are incorrect, you have options:

  • Raise concerns directly with the inspector - Point out any factual errors or misunderstandings during or immediately after the inspection
  • Contact the inspector's supervisor - Request a review if you believe the findings are wrong
  • Use the complaints procedure - Each regulatory body has a formal complaints process
  • Formal appeal - For RPA payment decisions and certain statutory notices, you can appeal through official channels

Right to request re-inspection

Once you have completed corrective action, you can ask for a follow-up inspection to verify compliance. This can help demonstrate good faith and may prevent escalation.

Appeal procedures by enforcement body

Body What can be appealed How to appeal Time limit
RPA Payment reductions, eligibility decisions Request internal review first; then Independent Agricultural Appeals Panel 60 days from decision
APHA Statutory notices, TB test results Depends on specific notice; contact APHA for procedure Varies by notice type
Environment Agency Enforcement notices Appeal to First-tier Tribunal (Environment) Usually 28 days
HSE Improvement and prohibition notices Appeal to Employment Tribunal 21 days

Important: Appealing an improvement notice from HSE or Environment Agency suspends the notice until the appeal is decided. However, appealing a prohibition notice does NOT suspend it - you must still comply while appealing. Seek legal advice before appealing any statutory notice.

NFU CallFirst legal advice

NFU members can access free initial legal advice on inspection findings and enforcement action.

Visit GOV.UK →

Step 3: Take corrective action

Whatever your notice says, acting promptly and in good faith is the best way to minimise consequences. Even if you plan to appeal, starting corrective action shows good faith.

Typical corrective actions by issue type

Livestock compliance failures

  • Missing or late movement reports: Submit all outstanding reports immediately through BCMS/ARAMS/eAML2
  • Incomplete holding register: Update your register with all missing entries; ensure births, deaths, movements are current
  • Missing animal identification: Tag unidentified animals; order replacement tags for lost/illegible ones
  • Overdue TB test: Contact your vet to arrange testing immediately; until tested, you cannot move cattle
  • Medicine records incomplete: Reconstruct records from vet invoices, product receipts; implement proper recording system

Environmental failures

  • Inadequate slurry storage: Arrange tank repair/replacement; in short term, reduce herd or arrange off-farm spreading
  • Buffer strip violations: Reinstate buffer strips to required width; remove any cultivated or treated areas
  • NVZ record failures: Create nutrient management plan; implement proper recording system; retain for 5 years
  • Pollution incident: Stop the pollution source; contain spread; report to EA if not already reported; remediate affected area
  • Pesticide record failures: Reconstruct records from invoices and memory; implement spray diary system

Scheme compliance failures

  • Failed to deliver SFI/CS actions: Complete the required actions where still possible; provide evidence of completion
  • Hedgerow cut during nesting season: Cannot be undone; demonstrate you have implemented systems to prevent recurrence
  • Soil cover insufficient: If within season, sow cover crop; implement planning to meet next winter's requirements
  • Missing scheme evidence: Gather photos, receipts, and records to demonstrate compliance; keep better records going forward

Health and safety failures

  • Missing risk assessments: Complete assessments for all significant work activities; train staff on controls
  • Inadequate machinery guarding: Fit missing guards; service equipment; remove dangerous machinery from use until safe
  • Missing training records: Arrange training for untrained staff; maintain records of all completed training
  • Welfare facility failures: Provide adequate toilets, washing, drinking water, rest facilities for workers

Timeframes for corrective action

Your notice should specify any deadline. General guidance:

  • RPA minor breach: Usually no formal deadline, but correct within days/weeks to avoid escalation
  • RPA moderate breach: Typically 28-90 days depending on complexity
  • APHA statutory notice: As specified on notice - often immediate or within days
  • Environment Agency notice: As specified - typically 21-28 days for formal notices
  • HSE improvement notice: Minimum 21 days; date specified on notice
  • HSE prohibition notice: Immediate - stop the activity now

If you cannot meet a deadline, contact the issuing body before the deadline to explain why and request an extension. They may agree if you show genuine effort.

Getting help with corrective action: You do not have to do this alone. Options include:

  • Catchment Sensitive Farming: Free environmental advice in priority catchments
  • Agricultural advisers: FACTS-qualified advisers for nutrient planning
  • Your vet: For animal health and medicine record issues
  • Farm assurance bodies: Red Tractor, LEAF etc. can advise on compliance
  • NFU/CLA: Member services include compliance support

Step 4: Document and notify

When you have completed corrective action, you need to document what you have done and, in many cases, notify the enforcement body.

Evidence to keep

  • Dated photographs showing completed work (buffer strips reinstated, guards fitted, etc.)
  • Updated records showing compliance (holding registers, spray records, movement reports)
  • Receipts and invoices for any equipment purchased or work commissioned
  • Training certificates if training was required
  • Vet reports or test results if animal health issues were involved
  • Written confirmation from contractors or advisers if external help was used

Notifying the enforcement body

For formal notices (HSE, EA enforcement, RPA written warnings):

  1. Write to the contact named on your notice
  2. Confirm you have completed the required corrective action
  3. Attach or reference your evidence
  4. Request confirmation that the matter is closed
  5. Keep a copy of everything you send

For informal advice or minor breaches, verbal confirmation with the inspector may be sufficient, but keep your own records.

Keep your records: Regulatory bodies retain records of all inspections and enforcement. If you are inspected again, inspectors will review your history. Good records showing prompt corrective action work in your favour; repeated similar failures work against you.

Step 5: Prevent future failures

Once you have addressed the immediate issue, take steps to prevent recurrence. A second failure for the same issue will be treated more seriously than the first.

Prepare for farm inspections

How to be ready for any inspection, your rights during visits, and building a good compliance track record.

Read the guide →

Common inspection failures and prevention

Common failure How to prevent
Late or missing livestock movement reports Report movements on the day they happen; set phone reminders; use mobile apps for field reporting
Incomplete holding register Update daily as part of routine; keep register in a consistent location; review monthly for gaps
Missing or illegible ear tags Check tags during routine handling; keep replacement tags in stock; re-tag before any sale or movement
Medicine records incomplete Record at time of treatment, not later; keep medicine book in treatment area; use digital records if easier
Spray records missing details Complete spray diary immediately after each application; use pre-printed forms to prompt all required fields
Buffer strips encroached Mark boundaries with posts; adjust auto-steer/GPS boundaries; walk buffers annually
Scheme actions not delivered Calendar all scheme deadlines; set reminders; photograph evidence of compliance
Overdue TB testing Book next test before current one ends; set calendar reminder 6 weeks ahead; maintain relationship with vet

Self-audit checklist

Walk through these checks regularly (quarterly is good practice) to catch issues before inspectors do:

  • Records: Are all movement reports submitted? Is the holding register current? Are medicine and spray records complete?
  • Identification: Do all animals have readable tags? Are any replacements needed?
  • Environment: Are buffer strips intact? Is slurry storage adequate? Are NVZ closed periods being observed?
  • Scheme actions: Am I on track to deliver all committed actions? Have I photographed evidence?
  • Health and safety: Are risk assessments current? Is equipment guarded? Are workers trained?
  • Welfare: Are all animals' five welfare needs being met?

Building a good compliance track record

Regulators use risk-based targeting. A good track record means fewer inspections:

  • Fix issues promptly and thoroughly when they are identified
  • Keep records complete and up to date throughout the year, not just before inspections
  • Report problems proactively - if something goes wrong, tell the regulator before they find out themselves
  • Engage with advice services like Catchment Sensitive Farming and vet health plans
  • Consider farm assurance - regular external audits help maintain standards
  • Cooperate with inspectors - a constructive relationship helps when issues do arise

Getting help

You do not have to deal with enforcement action alone. Support is available:

If you are struggling: Enforcement action can be extremely stressful. If you are finding it hard to cope, talk to someone. Farming Help provides confidential support, and the Farm Safety Foundation has mental health resources specifically for farmers.

Key points to remember

  • Act promptly - Quick, good-faith response minimises consequences
  • Read your notice carefully - Understand exactly what is required and by when
  • You have rights - To a written report, to challenge findings, to appeal formal decisions
  • The approach is advice-led - For minor first-time issues, regulators want to help you correct problems, not punish you
  • Statutory notices are serious - APHA, EA enforcement, and HSE notices carry legal deadlines and criminal penalties
  • Document everything - Keep evidence of corrective action and your response
  • Learn from it - Put systems in place to prevent recurrence
  • Get help if you need it - Support is available from multiple sources

Most farmers who receive non-compliance findings resolve them successfully without long-term consequences. The key is to take it seriously, respond constructively, and put things right promptly.

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RQIA registration quick check

Quick checklist for Northern Ireland care providers to check whether their service needs RQIA registration, fit person requirements, care standards, and what inspections involve.

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Registering a care service in Scotland

End-to-end learning path for starting a regulated care service in Scotland. Covers the Care Inspectorate, service types, registration, Health and Social Care Standards, SSSC workforce registration, PVG checks, and inspection preparation.

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Operating care services across UK national borders

A learning path for care service providers operating or planning to operate across more than one UK nation. Covers the separate inspectorate regimes, registration requirements, quality frameworks, workforce portability, disclosure scheme differences, and practical steps for achieving cross-border compliance.

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Wales care compliance quick check

Quick checklist for Wales care providers to verify CIW registration, Responsible Individual appointment, Social Care Wales workforce registration, Statement of Purpose, and Welsh language provision.

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Ongoing compliance for law firms

Learning path for maintaining regulatory compliance at an authorised law firm: annual renewal cycle, COLP and COFA reporting, client account management, AML supervision, complaints handling, continuing competence, diversity reporting, and preparing for SRA inspections.

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Start a law firm in England and Wales

End-to-end learning path for setting up a law firm: choosing entity type, SRA authorisation, appointing COLP and COFA, professional indemnity insurance, client account setup, AML registration, complaints procedure, and price transparency.

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Respond to an SRA investigation

Problem path for law firms facing SRA investigation: immediate steps, cooperation obligations, instructing specialist regulatory defence, responding to proposed conditions or fines, SDT referral, intervention risk, and appeal rights.

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AML compliance for legal services

Learning path for law firms implementing anti-money laundering compliance: firm-wide risk assessment, client due diligence, source of funds verification, legal professional privilege boundaries, suspicious activity reporting, and preparing for SRA supervisory visits.

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Responding to an OSCR charity investigation

What to do if your Scottish charity faces an OSCR inquiry or enforcement action. Covers understanding the type of investigation, cooperation obligations, getting professional advice, corrective action, and OSCR's enforcement powers including removal of trustees and directed winding up.

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Setting up a charity in Scotland

End-to-end learning path for setting up a charity in Scotland: understanding OSCR regulation, the charity test, registration, trustee duties, annual reporting and accounts, and ongoing compliance obligations.

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Farming on SSSI land in Scotland

A learning path for Scottish farmers and land managers with SSSI-designated land - understand your conservation obligations, manage deer and muirburn lawfully, and maintain compliance with NatureScot requirements

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Scottish heritage compliance quick check

Rapid compliance check for works affecting scheduled monuments, listed buildings, and conservation areas in Scotland. Covers Historic Environment Scotland consents, local authority requirements, and enforcement penalties.

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Construction near a heritage site in Scotland

Learning path for construction businesses working near protected heritage assets in Scotland. Covers scheduled monuments, listed buildings, conservation areas, archaeological assessments, and how heritage and nature designations interact under Scottish planning law.

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Respond to SIA enforcement action

What to do if your security business faces SIA enforcement action including licence revocation, compliance inspection failure, or prosecution for deploying unlicensed staff. Covers identifying the enforcement type, understanding your rights, appealing to the First-tier Tribunal, and preventing recurrence.

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Start a private security business

End-to-end learning path for starting a private security company. Covers SIA regulation, personal and business licensing, approved contractor status, insurance, recruiting licensed staff, training programme setup, and compliance systems for winning contracts.

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Address an FCA threshold-conditions concern

What to do when FCA supervision has raised a concern that your firm no longer satisfies the threshold conditions. Covers diagnosing the supervisory action, responding to a section 165 information requirement, addressing the failing limb (resources, business model, suitability, effective supervision), and the worst-case path to an Own-Initiative Variation or cancellation of permission under section 55J FSMA.

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Water Framework Directive compliance for businesses

Complete compliance pathway for businesses whose activities may affect water body status — from understanding the WFD framework through identifying which licences, permits, or consents you need, to applying, monitoring, and reporting. Covers England, Wales, Scotland, and Northern Ireland.

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Get FCA authorised: from perimeter check to Connect submission

A six-phase learning path for first-time applicants. Walks you from establishing whether you need authorisation, through choosing your route, building governance foundations, self-assessing the FCA's five threshold conditions, submitting through Connect, and handling case-officer scrutiny during the determination period.

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