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Selected Cases and Summaries of Completed Investigations - October 2000 to March 2001
Volume 4 - 2nd REPORT - SESSION 2001-2002
Chapter 2 MINISTRY OF AGRICULTURE, FISHERIES AND FOOD
Case No: C.1109/00
Incorrect advice on the rates of aid available under the Organic Farming Scheme
On 2 April 1998 the Ministry of Agriculture, Fisheries and Food (MAFF) published their review of the Organic Aid Scheme. The review recommended increased rates of aid for those converting land to organic farming subject to approval by the European Commission. On 30 July MAFF announced their intention to introduce the recommended rates, subject to approval by the Commission and the UK Parliament. On 9 February 1999 MAFF notified organic sector bodies including Research Centre B of the details of the Organic Farming Scheme, which replaced the Organic Aid Scheme from 6 April 1999. Mr A complained to the Ombudsman that an adviser from Research Centre B, acting on MAFF’s behalf, had advised him incorrectly during a visit to his farm in December 1998 that, under the new Organic Farming Scheme, he would receive £350 for every hectare of land he converted to organic farming. Mr A contended that, as a result, he had suffered a financial loss as, in the event, he was only entitled to £50 per hectare under the Organic Farming Scheme for that part of his land converted but subject to a fertiliser restriction under another MAFF scheme. The Ombudsman was unable to establish the exact nature of the advice given to Mr A. He found on the balance of probabilities that Mr A had been misled by his own misapprehension about the position. The Ombudsman criticised MAFF for failing to resolve the details of the Organic Farming Scheme earlier and to keep frontline staff advised of developments. However, he did not find those failings to be the cause of Mr A’s incorrect expectations. The Permanent Secretary of MAFF agreed to ensure that in future Research Centre B retained on file a record of advice given by their advisers to those considering conversion to organic farming.
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