Failed a farm inspection: what to do next

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

Severity levels explained

For scheme compliance inspections (RPA), breaches of your agreement terms are handled on an advice-led basis, escalating with 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 recovery of payments for undelivered actions.
• Severe: Serious failures causing or risking significant harm to animals, environment, or public health. Results in payment recovery and possible agreement termination.
• Intentional: Deliberate non-compliance or fraud. Results in full payment clawback, potential scheme disqualification, and possible prosecution.

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

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/LIS/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.

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.

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.

Common inspection failures and prevention

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