The Dreaded Bird Flu Outbreak
Back in winter 2021, there was a dramatic rise in confirmed cases of bird flu (also known as Avian Influenza) across the United Kingdom. A formal decision was therefore made by the Government. The Government departments handling the bird flu crisis was and continues to be the Department for Environment, Food and Rural Affairs (DEFRA) and the Animal Plant and Healthy Authority (APHA).
On 3rd November 2021 an avian influenza prevention zone (AIPZ) was put in place as a disease control measure and then subsequently the Government decided to enforce a stricter measure. On 29th November 2021, there was a legal requirement to keep all poultry indoors and to follow strict biosecurity measures on premises to prevent and limit the spread of disease. Undoubtedly, this was a very worrying time for many poultry farmers and keepers of birds across the United Kingdom.
Bird flu can be easily spread which is why the Government had to take action. Bird flu spreads from bird to bird, dead or alive, and can be spread by direct contact or through contaminated articles, for example faeces, feed, clothing. It is often thought that wild birds, landing on premises that keep poultry and birds, hugely accounts for the spread of the disease. Bird flu is therefore a notifiable animal disease. When an individual suspects that their poultry or any other birds have bird flu, they must report it immediately to DEFRA. If they fail to notify DEFRA, this is an offence. DEFRA then usually attend the farm, take samples from the poultry and birds and test for bird flu. If a positive case is confirmed, the premises becomes an ‘infected premises’. The poultry and birds which have not already died from bird flu will be humanely culled by the APHA.
Compensation
This is where compensation becomes involved. Poultry farmers and bird keepers are entitled to compensation if healthy poultry on their infected premises are humanely culled to prevent the spread of disease. If the birds have already died, as a result of bird flu, before culling takes place, then they are not entitled to compensation for these birds.
In very recent months, Jacksons Law Firm has seen an influx of poultry farmers seeking our assistance after being awarded a lower level of compensation than first expected. There is one common theme which has arisen amongst these matters – delay! Delays have been caused by a lack of staff, lack of gas and lack of appropriate machinery. From the date when bird flu was first confirmed on an infected premises to the date when culling of the poultry first took place there have been delays. Within this period of delay, more poultry were dropping dead because of bird flu. The issue now is that when poultry farmers are receiving their valuations for compensation on Form EXD34, the birds which had died during the delay are not accounted for in the compensation, and ultimately poultry farmers are being awarded a lower amount of compensation. Arguably, compensation should be valued from the date bird flu was confirmed at the infected premises, but from recent cases, this has not happened. This is a very unfortunate situation for poultry farmers, and I am sure there will be many more poultry farmers out there in the same position.
What can poultry farmers do about this? At the bottom of Form EXD34, which is the Statement of Valuation, it explains that if the receiver of this Form does not agree with the valuation, then they have 14 days to give notice of the dispute from the date of the Statement. The written notice must be sent to the Head of Field Delivery England at the APHA. Poultry farmers are free to submit this notice themselves, or alternatively, Jacksons Law Firm are more than happy to do this.
I wish to give some useful tips on submitting the written notice if poultry farmers wish to submit this notice themselves:
- Set out a detailed timeline of events from the date you suspected bird flu on the premises to date.
- Explain why you do not agree with the valuation given. In some instances, there may have been more than 1 valuation given and as such reasons should be given for all valuations.
- If an acceptable level of compensation was agreed at one point in time, but this has now subsequently changed on receipt of a recent Form EXD34, then provide the name(s) of the individual(s) who agreed this acceptable level of compensation.
- Provide the dates of APHA inspections at the premises.
- Provide the name(s) of the APHA individual(s) who carried out inspections at the premises.
- Provide the number of birds that were dead and alive at the date bird flu was confirmed on the premises.
- Provide the number of birds that were culled.
- Provide the dates on which culling took place.
If you have any questions regarding bird flu compensation or you would like Jacksons Law Firm to submit your notice of dispute, please contact Simon Catterall at scatterall@jacksons-law.com or Ellie Straughan at estraughan@jacksons-law.com or call 01642 356500/0191 2322574 who will be happy to assist.
Ellie Straughan, Trainee Solicitor
