Natural England lose their court case surrounding game bird release licensing

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Since 2021, a licence has been needed to release gamebirds in areas on or within 500m of Special Protection Areas. There is no General Licence available; instead shoots have had to apply for an Individual Licence for gamebird release. Natural England (NE) has been responsible for both receiving and assessing applications for individual licences for gamebird release in 2026.  

The reasoning behind the licensing structure was because of concerns over Avian Influenza, with Natural England concerned over what they alleged was the high risk of avian influenza (bird flu) spreading from gamebird releases to SPA bird populations.

However, the British Association for Shooting and Conservation (BASC) – one of our Aim to Sustain partners – made the decision to mount a legal challenge against Natural England’s licensing regime, which the organisation argued was legally flawed and created unnecessary uncertainty for shoots. This came about after numerous attempts to resolve the issue directly, which were met by dead ends.

Last week, BASC won their case in the High Court, with the judge laying down a ruling saying that Natural England had acted unlawfully by restricting certain elements of release. Summing up the case, Mr Justice Ritchie said the conditions imposed by NE were “irrational” due to them “misinterpreting the scope of their powers”.

What does this mean for the future?

Post this ruling, Natural England have stated that proceedings have been adjourned while the court considers what consequences should be imposed, and a timeframe.

That means that for now, all existing gamebird release licences for 2026 remain in place. Their conditions remain unchanged and must continue to be followed, until further legal processes are completed.

We understand that the Court will take further decisions on the consequences of the judgment likely to be in early September.

Natural England have further stated that in the meantime they will continue to assess any outstanding gamebird release licence applications on the same basis as previously.

ENDS

The National Gamekeepers’ Organisation (NGO) represents the gamekeepers of England and Wales. The NGO defends and promotes gamekeeping and gamekeepers and works to ensure high standards throughout the profession.

The National Gamekeepers’ Organisation was founded in 1997 by a group of gamekeepers who felt that keepering was threatened by public misunderstanding and poor representation. Today, there are 13,000 members of the National Gamekeepers’ Organisation.  www.nationalgamekeepers.org.uk