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1. Introduction

This document provides a guide to the Welsh Government’s Independent Appeals Process for Rural Grants and Payments. The process considers appeals against decisions taken by officials relating to the payments and grants detailed in Section 4.

This guidance applies to appeals submitted at either Stage 1 or Stage 2 from 1 January 2026. 

2. Appeals and complaints

Appeals concern decisions affecting the payments or grant schemes listed at Section 4. The Welsh Ministers are bound by statute to comply with legislation and scheme rules; therefore, an appellant must demonstrate how they have met the scheme requirements to be successful at appeal.

Complaints are considered under the Welsh Government’s complaints procedure. Details available at Section 15.

While the complaint procedure refers to several examples, essentially all refer to an action, or lack of action, by officials. ‘Officials’ may be specific individuals, groups, departments or divisions within the Welsh Government.

Under the Government of Wales Act 2006, the Welsh Government has a statutory duty to administer:

  • legacy Common Agricultural Policy (CAP) schemes and CAP replacement schemes and grants governed by Assimilated Law, and
  • support granted under The Agriculture Support Schemes (Eligibility, Enforcement and Appeals) (Wales) Regulations 2025.

3. Purpose of the appeals process

The appeals process is intended to be fair and simple and ensure those who consider officials did not reach the correct decision concerning their payment or grant have access to an independent review.  Decisions will be reviewed to ensure officials have been objective and have applied the scheme rules correctly.

The appeals process consists of two stages:

Stage 1 - review by officials within the division responsible for administering the scheme and agreed by a senior official. These officials are different to those making the original decision. 

Stage 2 - review by the Independent Appeals Panel (‘the Panel’) which makes recommendations to the Welsh Ministers, who in turn take the final decision which concludes the two-stage appeal process.

A review by officials (Stage 1) must take place before consideration by an Independent Appeals Panel (Stage 2).

At each stage, the facts of the case, the evidence presented, and the applicable legislation and scheme rules will be reviewed, and if appropriate, reconsidered.

4. Schemes covered by the appeals process

The process will consider appeals against decisions taken by officials. It applies to the following schemes and regulations:

  • Sustainable Farming Scheme (SFS)
  • SFS Regulatory Baseline.
  • Basic Payment Scheme (BPS)
  • Cross Compliance

TB Compensation - You can appeal a decision to reduce compensation under our Independent Appeals Process. Please note that you cannot appeal against the market value established at the valuation stage. 

Other schemes 

  • Habitat Wales Scheme
  • Habitat Wales Scheme – Commons
  • Organic Conversion Scheme
  • Organic Support
  • Small Grants – Environment
  • Growing for the Environment
  • Small Grants – Efficiency
  • Small Grants – Yard Coverings
  • Nutrient Management Investment Scheme
  • Horticulture Development Scheme
  • Small Grants Horticulture – Start Up
  • Agricultural Diversification Scheme
  • Food Business Accelerator Scheme
  • Woodland Creation Planning Scheme
  • Woodland Creation Grant
  • Small Grants – Woodland Creation
  • Woodland Restoration Scheme
  • Woodland Creation Maintenance (WCM)
  • Woodland Creation Premium (WCP)
  • Integrated Natural Resources Scheme
  • Ffermio Bro – Farming in Designated Landscapes
  • Agriculture Diversification and Horticulture
  • Glastir Woodland Creation Premium (GWCP)
  • Glastir Creation Maintenance (GCM)
  • Glastir Creation Premium (GCP)
  • Legacy EU Rural Development Programme 2014-2020 schemes

If appropriate, new schemes introduced in the future may be added to this list. Please contact the RPW Customer Contact Centre, (details in Section 8), for advice if an appeal concerns any other payment or grant scheme. 

5. Decisions covered by the appeals process

Appeals may be submitted against decision taken in relation to financial support schemes.

Appeals should be submitted against a decision if the appellant believes the decision was based on an error of fact, the decision was wrong in law, or there has been a material procedural error. 

Individual scheme guidance sets out the scheme rules and requirements which could be subject to the appeals process. 

Examples of the types of decision which may be appealed against are:

  • decisions made in relation to claims, including scheme breaches and financial penalties which reduce the payment received or result in the rejection of an application or claim.
  • decision to recover previous payments made.
  • ‘warning’ or ‘advisory’ notices which may result in a financial penalty if a breach is repeated.
  • rejection of a BPS entitlement transfer / lease application
  • decisions taken regarding financial support following the acceptance of a contract or grant award e.g. early termination.

Examples of the types of decision which may not be appealed against are:

  • adjustments to applications under schemes not listed above at Section 4
  • the rates of payment determined for support schemes.

6. Legal framework

This appeals process is governed by The Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006 [SI 2006/3342 (W.303] as amended and The Agricultural Subsidies and Grants Schemes (Appeals) (Amendment) (Wales) Regulations 2025 in so far as it relates to payments and grants administered in accordance with Assimilated Law. The appeals process is governed by The Agriculture Support Schemes (Eligibility, Enforcement and Appeals) (Wales) Regulations 2025 in so far as it relates to support administered in accordance with those regulations.

7. Costs

There is no fee for a Stage 1 appeal.

The fees charged to submit a Stage 2 appeal, apart from TB Compensation, are:

  • £290 for an oral hearing
  • £220 for a written hearing. 

The fees charged are based on the fee paid to the Independent Appeals Panel, which is £875 per day. The panel, made up of three members can consider three oral appeals or four written appeals in a day.

The fees paid to the Independent Appeals Panel may be reviewed in future. Any change in the fee paid to the Independent Appeals Panel will be reflected in the Stage 2 appeal fee charges. 

The fee charged for submitting a Stage 2 appeal in relation to TB compensation will be;

  • £100 for an oral hearing
  • £50 for a written hearing 

These fees may be amended in future to reflect changes to The Tuberculosis (Wales) Order 2010.

Where a Stage 2 appeal is withdrawn or accepted in full, the fee will be refunded. 

Unsuccessful or partially successful appeals will not be refunded. 

8. Stage 1: review by officials

When submitting a Stage 1 appeal, the appellant must provide:

  • details of the decision to be reviewed.
  • the reasons why the appellant believes the decision should be reviewed.
  • any documentary or photographic evidence in support of the case.

Appeals must be received by the Welsh Government within 60 days of the date of the letter detailing the decision to be reviewed. 

Multiple decision letters may be sent, (for example inspection findings letters and payment statements), regarding a claim. The 60-day deadline will therefore effectively commence from the date of the final letter, (usually this will be the final scheme payment).

If the reason for the application of a penalty is not clear, or the contents of a letter are not fully understood, please contact the RPW Customer Contact Centre in the first instance.

Where an appeal is received after the deadline, it will be rejected.

Appeals should be submitted via the online appeals form available on RPW Online. Details on how to access and complete the form are available on the Welsh Government Website: Rural grants and payments appeal form: using RPW Online to apply | GOV.WALES

Appeals will be acknowledged upon receipt. If an acknowledgement is not received within five working days, please contact the RPW Customer Contact Centre.

Officials will undertake a review, and a senior official will consider whether the initial decision was arrived at correctly, taking into account the applicable legislation and scheme rules, the facts of the case and any supporting documentation.

A full response will be issued in writing, advising whether the appeal has been successful, partially successful or unsuccessful and the reasons for the decision.

9. Stage 2: review by the Independent Appeals Panel

Appeals must be received by the Welsh Government within 60 days of the date of the Stage 1 response letter and must detail grounds for appeal and any supporting evidence to be considered. If the grounds for appeal do not clearly demonstrate how appellant/s have met the applicable scheme rules and regulations, the appeal may be withdrawn and fee refunded.  There is no provision for the application of exceptional circumstances: where an appeal is received after the deadline it will be rejected.

Appeals must be submitted on the appeals form via RPW Online. Appeal fees should be made by BACS to the following account details:

Full Company Name: Welsh Government

Bank Name: National Westminster

Bank Account Number: 10003061

Sort Code: 60-70-80

Insert CRN as a reference when making the BACS payment.

(£290 for an oral hearing or £220 for a written hearing).

An email should be sent to the SharedServiceHelpdesk@gov.wales and IndependentAppealsSecretariat@gov.wales confirming a BACS payment has been made and should also include the CRN and Trading title.

When submitting a Stage 2 appeal the following must be provided:

  • an indication if an appointed representative tis working on the appellants behalf for the appeal.
  • the referred format of hearing (written or oral)
  • the preferred Language of hearing
  • details of the decision to be reviewed.
  • the reasons why it is believed the decision should be reviewed.
  • any documentary or photographic evidence in support of the case.

The Independent Appeals Panels comprise of a maximum of three members, who are selected from a group appointed by Welsh Ministers under the rules governing Public Appointments.

The role of the panel members is to:

  • sit on the Independent Appeals Panel when required
  • hear the facts of a case and consider representations from the Appellant/s along with any relevant evidence
  • make recommendations to the Welsh Ministers concerning those appeals.

The panel is bound by the relevant scheme rules and applicable legislation. 

An appeal hearing is therefore an opportunity to explain to the panel how the requirements of a scheme have been met and why the initial decision made by officials should be changed. 

The panel cannot make recommendations on issues relating to the alleged actions of officials and such matters will be referred for consideration under the Welsh Government complaints procedure.

10. Before the panel hearing

Appeals will be registered with the Independent Appeals Secretariat (‘the Secretariat’) and an acknowledgement will be issued. The hearing will be arranged at a Welsh Government Office.

All Stage 2 appeals are reviewed by officials prior to a panel hearing. The investigation will attempt to identify any factors, which might resolve the case without the need of a panel hearing. 

Should the original Stage 1 appeal decision be upheld in full or in part, the Secretariat will prepare an ‘appeal pack’ containing all the relevant information in relation to the case. This pack, together with the representations made, will form the basis of the panel’s consideration of the appeal and, accordingly, their recommendations.

The appeal pack will contain:

  • details of the Stage 1 appeal and outcome
  • details of the relevant rules and regulations on which the rejection of the Stage 1 appeal was based
  • Welsh Government documents relating to the case and
  • documents submitted in support of the Stage 2 appeal.

Copies of the pack will be sent to each of the panel members, as well as to the appellant/s and / or their representative via RPW Online.

The secretariat will write to confirm the date and location of the hearing. Please contact the secretariat immediately if there is any problem with attendance so alternative arrangements can be considered.

Once appeal hearings have been arranged and the appellant/s or appellant/s representative have been notified, it will no longer be possible to reschedule or withdraw the appeal, except in exceptional circumstances.

11. The panel hearing

At Stage 2 of the appeals process, the panel will:

• for a written appeal, consider the appeal pack documents and discuss the case without the appellant/s of their representative/s being present. The appellant will subsequently be notified of the outcome along with the reasoning behind the Panel’s recommendation 

• for an oral appeal, consider the appeal pack and invite the appellant/s and or their representative/s to present their case in the hearing.

Hearings are conducted in an informal atmosphere and follow the general structure below:

  • introduction by panel chair confirming the hearing procedure
  • Welsh Government official sets out details of the case and decision taken
  • appellant/s (and / or their representative) will be given the opportunity to present their case to the panel and to ask and respond to any questions
  • any further questions from the panel for Welsh Government officials
  • panel chair summary and closing remarks.

Officials from the Welsh Government, appellant/s and or their representative/s are present throughout the hearing but leave prior to the panel members’ deliberations after the hearing. As a matter of course, a member of the secretariat team will make a note of the main points but will take no part in the hearing or deliberations. Copies of the hearing notes will be distributed to all those present for comment and agreement before they are submitted to the Welsh Ministers.

The panel will consider the appeal, taking into account the supporting information provided and officials’ reports. The Panel will review the relevant legislation, scheme rules and the facts of the case before coming to a recommendation. 

12. General points

The panel are appointed to make recommendations to the Welsh Ministers who take the final decision.

  • The panel are bound by the relevant scheme rules and applicable legislation. They cannot make recommendations to the Welsh Ministers, which are not in accordance with them.
  • The hearing is not an opportunity for appellant/s to raise detailed issues directly with officials, or to question them about the handling or substance of the case. Any queries should be raised with the secretariat prior to the hearing so a reply can be provided in advance of the hearing. This will avoid the need to adjourn a hearing for complex queries to be considered.
  • All comments or information provided by the appellant during the hearing should be directed to the panel chair, unless responding to a specific question asked by another panel member.
  • The chair will ensure the hearing proceedings are followed and that each party has the opportunity to make their case without interruption.
  • The chair will ensure the hearing is carried out efficiently and may impose time limits if necessary.
  • The panel will not give any indication of the likely recommendation.

13. After the hearing

A copy of the notes taken at the hearing will be sent to all parties for information. These will simply be a record of the main issues discussed at the hearing.

The panel findings and recommendations will be reported to the Welsh Ministers, who take the final decision. The Welsh Ministers’ decision concludes the appeal process.

The Welsh Ministers will advise the appellant/s and or representative of the final decision in writing and a copy of the full notes of the hearing, including the panel recommendation, will then be sent to the appellant/s (and any representative) via RPW Online.

14. General Data Protection Regulation: privacy notice

1 General Data Protection Regulation: Privacy Notice

1.1 This notice informs you about the Welsh Government’s use of the information provided in your application for a review under the ‘Independent Appeals Process for Rural Grants and Payments’. It also explains the Welsh Government’s processing and use of your personal data and your rights under the General Data Protection Regulation. The data controller for the information is the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

The data protection officer for the same information is the Data Protection Officer,

Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

E-mail: DataProtectionOfficer@gov.wales 

1.2 The information will be processed and managed by the Welsh Government in accordance with its obligations and duties under the European Regulations (as retained by the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c.2) and Regulations (UK) 2020/90 & 2020/91) and The Agriculture Support Schemes (Eligibility, Enforcement and Appeals) (Wales) Regulations 2025 

The information will primarily be used for the purposes of investigating your appeal. However, the Welsh Government may also make use of the information supplied for other purposes, which will include those connected with its functions and duties under the UK Direct payment and European Union Common Agricultural Policy and with its statutory environmental obligations.

1.3 The lawful basis for the processing is that it is necessary for the performance of a task carried out in the exercise of official authority vested in the Welsh Government.

1.4 The Welsh Government collects personal data to identify your location and your farm business(es). 

1.5 Your information will be stored for 10 years following the conclusion of your appeal

2 Reasons for sharing personal data

2.1 In reviewing your appeal application the Welsh Government may share information with:

  • Independent Appeals Panel members
  • Natural Resources Wales
  • Animal and Plant Health Agency
  • Veterinary Medicine Directorate
  • Welsh Local Authorities
  • Food Standards Agency Wales
  • DEFRA
  • Other UK Government Agriculture Offices
  • Regulatory authorities, such as HM Revenue and Customs, Local Authorities, Health and Safety Executive and the Police.

2.2 The information may be used for the following:

  • investigation of appeal applications and preparation of relevant documents for consideration by appointed Independent appeals panel members
  • cross-compliance and cross checking between Governmental organisations to prevent breaches of the Common Agricultural Policy schemes
  • allowing partner organisations to fulfil their legal duties
  • publication of statistical information from which individuals cannot be identified and responding to requests for information.

3 Rights under the General Data Protection Regulation (GDPR)

3.1 The GDPR gives individuals rights in respect of the personal data held on them. These rights include:

  • the right to be informed (this notice)
  • the right to ask for and receive copies of the personal data that the Welsh Government holds about them, although the Welsh Government can sometimes withhold some data or not provide copies
  • the right, in some circumstances, to prevent or restrict the Welsh Government processing personal data
  • the right, in some circumstances, to have wrong data rectified
  • the right, in some circumstances, to have data erased (to be forgotten).

If you wish to exercise any of your rights under the GDPR, you should contact the Welsh Government at the address provided at the beginning of this notice.

3.2 Individuals also have the right to ask the Information Commissioner, who enforces and oversees the GDPR, to assess whether or not the processing of their personal data is likely to comply with the GDPR. The Information Commissioner can be contacted at:

Information Commissioner’s Office

2nd Floor, Churchill House
Churchill Way
Cardiff
CF10 2HH

Telephone: 0330 414 6421

Website: https://ico.org.uk/

Telephone: 01625 545745 or 0303 123 1113

Website: www.ico.gov.uk 

15. Complaints

Complaints will be dealt with under the Welsh Government’s procedure on Complaints. Further advice on how to make a complaint can be obtained from the Complaints Advice Team: 

Complaints Advice Team 
Welsh Government 
Cathays Park 
Cardiff 
CF10 3NQ 

Tel: 03000 251378 

E-mail: complaints@gov.wales 

Website: Complaints about Welsh Government

 You may also choose to contact the Public Services Ombudsman for Wales: 

1 Ffordd yr Hen Gae, 
Pencoed, 
CF35 5LJ 
Tel: 0300 790 0203 

Website: www.ombudsman.wales

16. Contacts

Rural Payments Wales

Customer Contact Centre
Rural Payments Wales (postal address)
RPW
P.O. Box 251
Caernarfon
LL55 9DA

Tel: 0300 062 5004

Independent Appeals Secretariat

Welsh Government
County Hall
Spa Road East
Llandrindod Wells
LD1 5LG

E-mail: IndependentAppealsSecretariat@gov.wales