In January this year, Natural England issued a licence to Jemima Parry-Jones (International Centre for Birds of Prey, Newent, Glos) permitting the controversial removal of hen harrier eggs and chicks from some nests on grouse moors in Northern England, to protect artificially-high stocks of red grouse being farmed for shooting. The licence permits the ICBP to rear the young hen harriers in captivity and then release them in August back to the same grouse moor areas from where they were removed, where they will once again be put at risk of being illegally killed.
This licence is fundamental to DEFRA’s hen harrier brood meddling plan, which forms part of its ludicrous Hen Harrier Action Plan. For background reading on hen harrier brood meddling, please see here. The ICBP is being paid by the Moorland Association to undertake the brood meddling work, and the licence is supported by the members of the Hen Harrier Brood Meddling Project Board, which includes Rob Cooke (Natural England), Adrian Jowitt (Natural England), Steve Redpath (Aberdeen University), Jemima Parry-Jones (ICBP), Adrian Smith (GWCT), Philip Merricks (Hawk & Owl Trust), Amanda Anderson (Moorland Association), Robert Benson (Moorland Association).

In early February, lawyers acting on behalf of Mark Avery decided to challenge the lawfulness of Natural England’s decision to issue this licence by way of a judicial review. The lawyers agreed to work at reduced rates and Mark successfully raised over £26,000 via crowdfunding to support the legal action.
In late February Mark’s lawyers sent a ‘pre-action protocol letter’ to Natural England, outlining the perceived legal inadequacies of the decision to issue the licence. The letter also invited Natural England to revoke the licence and undertake a proper public consultation on the issue of hen harrier brood meddling.
This pre-action protocol letter is the first step in the process of judicial review and Natural England should respond within 14 days (deadline 14 March 2018). If Mark’s lawyers find Natural England’s response inadequate, they will move to begin formal legal proceedings via judicial review.
Today, the RSPB has announced that it, too, has started proceedings and has sent its own pre-action protocol letter to Natural England. We don’t know the details of that letter but we expect the specifics to be very similar to the letter sent by Mark’s lawyers.
We now have to wait for Natural England’s response(s).
Assuming Natural England stands by its decision-making process, and permission is granted by the courts to proceed with a full judicial review, we might expect Natural England to temporarily suspend the brood meddling licence while legal proceedings are underway, much in the way that SNH suspended its General Licence Restriction on Raeshaw Estate while that judicial review was heard.
Interesting times ahead.
UPDATE 17 April 2018: Legal challenge against hen harrier brood meddling continues, x2 (here)

















