A family had its complaint overturned by the Office of the Ombudsman after they were excluded from Agri-Environment Options Scheme 2 (AEOS2). An appeal to the Department of Agriculture was also refused.
A member of the family unknowingly broke the rules by planting a non-native species of sycamore tree – a species banned under the second phase of the scheme.
In May 2011, the farmer made the application for AEOS2, which contained the minimum requirements of one mandatory and one complementary undertaking.
The family chose halting biodiversity decline by planting species-rich grassland and tree planting and met the eligibility requirements under the scheme.
Department discovery
Farmers who applied to the scheme were entitled to reimbursement of non-productive capital investments up to a certain maximum limit and the family submitted its application in August 2012.
The Department then discovered that a non-native species of sycamore tree had been planted; a tree which was excluded from the AEOS2 scheme.
As a result their contract was terminated.
Sycamore trees were included on the AEOS1 list but excluded from the second scheme because they were not a native species as required under EU regulations.
The family maintained it received the list for the AEOS1 scheme. The Department of Agriculture denied this claim.
Farmer became ill
The farmer had become ill and died between the time they had submitted the application and the trees had been planted.
The sycamore trees were planted by the farmer's son-in-law after purchasing them from a local nursery, which had recommended sycamores.
As a result of this, they failed to meet the eligibility requirements of the scheme and their contract was terminated.
As there was no evidence of the incorrect AEOS1 list at the appeal or to the Ombudsman, the complaint was refused.
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