Benn to face more complaints over RPA chaos
ONE of the two farmers who will benefit from Hilary Benn’s change of heart on the Ombudsman’s report has told the Defra Secretary he is already lining up another complaint.
Alister Borthwick, an arable farmer from north Norfolk, will now receive compensation for the troubles he experienced with his maps between 2005 and 2007.
But, he is now enduring similar difficulties with the current re-mapping process, prompting a further complaint, just as his original complaint is being resolved.
Mr Borthwick, known as ‘Mr Y’ in the Ombudsman report, had complained that the Rural Payments Agency (RPA) had not given him an accurate set of digital maps, despite repeated corrections and amendments.
He alleged that this prevented him from joining an Environmental Stewardship Scheme and delayed his 2005 Single Payment Scheme payments, causing him financial loss, anxiety and stress.
The Ombudsman made three findings of maladministration specific to Mr Borthwick and found four types of injustice sustained. In light of these – the lost opportunity to plan his affairs with adequate information; unnecessary anxiety and trouble; costs incurred, such as extra staff and professional fees and being forced to sell crops early at a lower price due to alack of funds – she recommended a payment of £5,500.
Mr Benn wrote to Mr Borthwick last week to inform the farmer of his change of heart in accepting the recommendation.
But Mr Borthwick has this week emailed back to tell him history is now in danger of repeating itself.
“I had a full inspection in June 2008. The inspector and I agreed very minor differences of less than 1ha but in June 09, out of blue, RPA sent me a new set of maps, which were incorrect,” Mr Borthwick told Farmers Guardian on Tuesday (March 9).
“I replied to say they are incorrect. The RPA said ‘no problem’, corrected maps would be sent by the end of February but here we are, March 9, no maps.”
He fears that the incorrect maps will prevent him from renewing Environmental Stewardship agreements and will result in his 2010 SPS claim being ‘totally wrong’.
“My response to getting Mr Benn’s letter was that it was about time. But I have now replied telling him I am about to start the whole process again,” Mr Borthwick said.
The ombudsman’s decision
- The Parliamentary Ombudsman Ann Abraham’s report, Cold Comfort, on the administration of the 2005 SPS, featured two farmers, ‘Mr W’ and ‘Mr Y’.
- Mr W complained that RPA had failed to give him an entitlement statement and to make payments in line with legal deadlines and with its public announcements.
- The Ombudsman made three findings of maladministration specific to Mr W:
- RPA issued Mr W’s entitlement statement ten months after the legal deadline and four months after the deadline for making 96.14 per cent of payments.
- RPA mishandled Mr W’s application.
- RPA misdirected Mr W about the likely timing of his payment.
- The Ombudsman made five general findings of ‘maladministration’ against Defra and RPA.
- She made three findings of maladministration specific to Mr W and found that he had suffered injustice, including worry, stress and heartache, additional costs incurred and investment opportunities lost.
- She recommended the RPA should send Mr W a personal written apology pay compensation of £3,500.



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