The Forest of Dean Wildlife Protection Group has issued a press release revealing that in a landmark ruling, the Information Commissioner's Office (ICO) has decided that the Verderers of the Forest of Dean are subject to freedom of information legislation. In the same ruling, the Information Commissioner has instructed the Verderers to release information about their decision to support a massive increase in the target population of so-called 'wild boar' in the Forest of Dean.

Although the Verderers are not currently subject to the Freedom of information Act, the Information Commissioner's ruling finds that the Verderers are a public authority for the purposes of freedom of information legislation under the Environmental Information Regulations.

By July 2012 considerable harm and damage was being caused by feral boar on public and private land. But in that same month, the Verderers agreed to support an increase in the target boar population from 90 to 400 animals. At the time, many people concerned about the widespread damage, including the loss of bluebells and forest animals to feral boar, believed that the Verderers had made a gross error of judgement.

The ruling will enable Forest of Dean wildlife groups and landowners to consider the basis upon which the Verderers made their decision. If the Verderers cannot show that they made a rational decision about the hike in boar numbers, there will be mounting pressure to have the Verderers' decision rescinded, or at least disregarded by other public bodies.

Hywel Jones of the Forest of Dean Wildlife Protection Group said: "Once the Verderers release the requested information, we will be able to establish whether the Verderers made a balanced judgement based on sound information and wide consultation, or made an irrational decision that has resulted in escalating and avoidable harm and damage."

Mr Jones continued: "Unless the Verderers appeal against the ICO decision, this ruling means that the Verderers must, in future, respond to all reasonable requests for environmental information within 20 days. This is good news for all those who expect good governance and transparency when it comes to decisions about the sustainability of our Forest."

The Verderers have 35 days to comply with the decision or face contempt of court charges in the High Court.

The ICO Decision Notice (number FER0534921) giving details of the complaint against the Verderers can be downloaded from the ICO decisions register via https://ico.org.uk/.

The Background

According to the Verderers of the Forest of Dean website:

"Boar are now interacting with people on a regular basis throughout the Forest and some dogs have been injured or killed although there have been no injuries to people other than to a man trying to feed a large boar by hand while a child hit it with a stick. A significant and obvious issue with the boar population is damage to amenity grassland, verges and gardens in both FC and private ownership. There is also an issue with the damage to fences allowing access and associated damage to tree crops by boar, deer and rabbits. Numbers of road casualty boar have increased (10 in 08/09). Without control, there is the potential for boar to have an adverse effect on flora (e.g. the bluebell carpets) and fauna (potentially including European Protected Species such as dormice or the ground nesting birds such as wood warbler which are so important in the Nagshead SSSI)."

By 2009, it was clear that the Forestry Commission was failing to adequately control the size of the population of feral boar, and failing to prevent boar living on the land it manages from straying onto highways and into neighbouring properties. The resulting damage to roadside grass verges, community green spaces, private gardens, and pasture land was plain to see in many parts of the Forest of Dean. Less obvious were the rising costs to landowners having to maintain fences and repair pasture land for livestock grazing.

By 2012, it was obvious that the needs of the feral boar population, with the then target population of 90 animals, could not be sustained by the core Forest of Dean area alone.

By July 2012, feral boar had expanded their territory into villages and settlements, resulting in significant damage to green spaces throughout the forest, including green spaces at the extreme edges of the Forest of Dean boundary. The cost of damage to private property was rising rapidly, with some landowners undertaking nightly patrols to prevent further damage.

The Verderers' Decision

According to the minutes of a Verderers meeting held on 13th July 2012 [2]:

"The Court was advised that the [Forestry] Commission believe numbers exceed 500.

The Commission’s policy is a target population of 90, but this should be increased to 400 to avoid controversy.

The Deputy Surveyor asked the Court to support the revised total and after some discussion and questions, the Verderers agreed to support the revised management proposal."

Given the degree of harm and damage and mayhem being caused in July 2012 by a target population of 90 feral boar, many observers thought it bizarre that the Verderers should agree to any increase in the target population – let alone an increase of over 300 per cent.