Investigation procedures in England

How does the Wildlife Incident Investigation Scheme (WIIS) become aware of an incident?

Notifications of possible incidents arise from a large range of sources including referrals from RSPB, RSPCA, local authorities, conservation groups, calls from private vets and the Animal and Plant Health Agency (APHA), as well as direct contact with Natural England (NE) from landowners and the general public.

Incident notifications made using the freephone number 0800 321 600 will reach the Natural England Enforcement Team during office hours. Out of hours,a message can be left on the freephone answer phone. Messages will be dealt with on the next working day.

In some cases, incidents are first reported to the police. In these cases, the police may lead the investigation with support from Natural England. However, the circumstances of the incident must still meet the criteria outlined below for acceptance if the analysis and support provided to the police is to be undertaken under the WIIS.

What types of incidents do you investigate?

The Scheme investigates all incidents where the professional use of pesticides (i.e. plant protection products or biocides) are suspected to have had an impact on wildlife, beneficial invertebrates or companion animals. This might be a result of:

the proper use of pesticides killing wildlife, something that rarely happens and are referred to as approved use cases;
users applying pesticides for the right target animal (eg slug pellets for slugs) but not following the label instructions and impacting non target species and are referred to as misuse cases; and
deliberate, illegal use of pesticides to poison animals in a manner the materials were never intended for, and are referred to as abuse cases.

The Scheme does not deal with ‘amateur use’ incidents relating to the non-professional use of pesticides, disputes between neighbours or incidents which fall within the remit of the relevant local authority under the Health and Safety (Enforcing Authority) Regulations 1998.

In all cases, members of the public should not expose themselves to some of the highly toxic materials that may have been used by handling bodies or baits.In particular, you should not open blocked badger setts or fox earths where it is suspected that fumigants may have been used.

Where do we investigate?

The Health and Safety Executive (HSE) is the lead authority for the enforcement of pesticide legislation.

Inspectors from the Natural England Enforcement Team have been authorised under Section 19(1) of the Health and Safety at Work etc Act 1974 to exercise certain functions on behalf of HSE, to investigate the impacts of pesticides on wildlife, companion animals and beneficial invertebrates.

All Natural England Inspectors are issued with an authorisation by HSE, which is a photographic identity card displaying the logo of the appointing body or department, together with a photograph of the authorisedInspector. It lists the relevant legislative powers, together with the name and signature of an official empowered by the HSE to authorise that person to act.

Natural England Inspectors will carry their authorisation with them at all times when exercising their powers. If so requested, the Inspector will produce their authorisation card to any person who requests to see it whilst on the premises, state their name, the function they propose to perform and the grounds for doing so.

Authorisations issued to Inspectors by HSE do not allow authorised officers to exercise these functions in relation to:

Premises for which a local authority is the enforcing authority for the relevant statutory provisions (within the meaning of the 1974 Act) by virtue of regulation 3, 5 or 6 of the Health and Safety (Enforcing Authority) Regulations 1998 (SI 1998/494);
Activities and operational premises for which the Office of Rail Regulation is the enforcing authority for the relevant statutory provisions (within the meaning of the 1974 Act) by virtue of regulation 3 of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (SI 2006/557);
A contravention of regulation 4(1) of the Control of Pesticides Regulations 1986 or of regulation 4(1) of the Plant Protection Products (Basic Conditions) Regulations 1997 (which relate to advertising);
Offences under regulations 14(2), 16(5) and 16(6) of the Plant Protection Products Regulations 2005 (which relate to the notification of information on potentially dangerous effects and to other obligations on applicants seeking approvals); and
Contraventions under sections 43 to 45 of the Natural Environment and Rural Communities Act 2006.

Information about relevant legislation relating to Plant Protection Products and biocides in England can be found on the CRD webpages of the HSE website (PPPs and biocides).

about relevant legislation relating to pesticides in England can be found on the CRD website.

Are all suspected poisoning incidents accepted into the Scheme?

No. There are essential criteria for the acceptance of an incident:

The incident must involve the death or illness of wild animals, companion animals (pets), beneficial invertebrates, or the presence of a substance believed to be a pesticide (such as a spillage or a bait apparently laced with pesticide, with the potential to cause harm).
There must be reasonable grounds to believe pesticides are involved in the incident. This is the hardest to determine and some of the factors that may influence the decision include, for example:
- The number, location and species of mammals or birds involved;
- The finding of baits with identifiable material such as pellets or granules;
- A veterinary opinion, diagnosis or post-mortem;
- Observations by the finder or owner of animals prior to their death;
- The previous history in the area;
- Information that strongly suggests pesticides may be involved.

The apparent absence of an alternative possible cause of death is not normally sufficient justification for acceptance. Experience has shown that many animals in apparently "perfect condition" have, in fact died as a result of starvation, disease or trauma.

An incident may be rejected where:

There are no bodies (carcases or casualties) unless other field or witness evidence is available which strongly implicates pesticides involvement;
The suspect body is found for instance adjacent to a road or overhead power cables;
The carcase is over two weeks old, or significantly autolysed (decomposed), hampering meaningful examination;
There is a cause other than pesticides thought to be involved;
There is insufficient information to suggest that a pesticide is responsible.

All decisions on accepting incidents into the Scheme are made by a Natural England Inspector and, where appropriate, reviewed by a supervisor. If there is doubt as to whether a case should be accepted,HSE are consulted.

What will happen once I have reported the suspected Incident?

A Natural England Inspector will contact you within two working daysof the incident being reported to confirm whether the incident has been accepted into the Scheme. If the incident has been reported to another organisation first there may be a delay before Natural England receives the notification. If you do not hear anything and there is no reason why you are not contactable then you should ring the freephone number again.

If the incident involves the death of honeybees and samples have been sent to the National Bee Unit (NBU) at the Food and Environment Research Agency (FERA ) in York for an assessment for disease, the NBU will contact Natural England to alert them of a potential incident. A Natural England Inspector will liaise with the Bee Inspector and depending on the circumstances may arrange a visit with the Bee Inspector if this has not already been done. Difficulty in contacting the beekeeper or Bee inspector may delay progress of a bee incident.

Making field enquires

All Natural England Inspectors will be trained and have access to suitable guidance and equipment to allow them to conduct their enquiries safely and in accordance with current Health and Safety Regulations.

If a case is accepted there will normally be a site visit to establish what happened, to gather samples and to gain information about pesticides possibly involved. In cases where samples are readily available, or could be easily obtained, and transported to an APHA regional laboratory or the Wildlife Incident Unit at FERA for analysis, the Inspector may obtain information by telephone. In all cases the Inspector must be confident that there is an unbroken chain of evidence accounting for the safekeeping and treatment of each relevant sample from the moment it is collected through inspection, tests and eventually, where appropriate, to court. All samples, or other material, must be moved both safely and legally.

There is no single approach to conducting wildlife incident investigations that will apply to all situations. The extent of any enquiries, search of the area and time spent on site will depend on the nature of the incident and local circumstances.

Wildlife casualties reported and found will be collected for veterinary examination
If companion animals have been taken ill following a walk the route would normally be explored
If baits appear to have been deliberately laid and abuse is suspected the area around the bait would usually be the initial search area
Baits will be secured for analysis
Photographs and samples may be taken
It may be necessary to seek information from any professional pesticide users within the vicinity, such as pest controllers, farmers or gamekeepers, on any products that may have been applied.

Consequently, the time devoted to an investigation and its geographical extent will vary as information is gained about the likelihood and extent of pesticides involvement. Extensive door-to-door enquiries would not usually be undertaken.

The nature of the environment inevitably has an impact, with a more urban area tending to take less time to cover compared to woodland or moorland which is likely to take longer. However, on many occasions whilst poisoning may be suspected, it is not always clear and the nature of enquiries will differ in each investigation. In these circumstances the results of the analysis of carcases and samples may produce additional lines of enquiry and further investigations may be made at a later date.

In some cases, Natural England Inspectors will examine pesticide stores or other structures during the course of investigations. Usually, the co-operation of the owner to search such places is sought and may help to eliminate individuals from enquiries, but Inspectors do have authority to carry out a search even if the owner is reluctant for them to have access to a store. Some pesticides must be kept securely and an open/un-locked store door may lead to storage offences being committed. Searches of stores will usually involve recording what is present, photographing relevant containers, sampling or seizing some materials and testing of fumigants that might not be stored appropriately.

Any Inspector may take with them any other person they deem reasonably necessary to assist them with their enquiries. If, for example, an RSPCA Inspector has been involved in a case it may be appropriate to take them on a visit to identifythe location of animals involved or to deal with animal welfare issues as a result of pesticides. The role of any other persons accompanying Inspectors, and the limitations of their powers, must be clearly explained by the Inspector present at the outset.

On other occasions, Inspectorsmay be accompanied by the police,to prevent a breach of the peace or to assist with a search. In these circumstances, the Inspector present must maketheir role clear at the outset.

Field enquiry - Bee Incidents

Honeybee incidents differ from vertebrate wildlife cases in that the notifications often come direct to the NBU. It is essential to liaise with the NBU and the Bee Inspector from the outset and make it clear that you suspect a pesticide might be involved in the death of the bees, and the reason for this when you submit the sample to them.

Field enquiries are conducted slightly differently to other wildlife incidents in that greater emphasis is placed on information from the beekeeper, Bee Inspector and in identifying fields that may be the source of the pesticide exposure.

In all incidents involving honeybees, a sample of bees will usually have already been sent to the NBU. If a second sample is required by the NBU, the beekeeper, or the Bee Inspector, will be asked to approach the hives and to obtain the sample.

The illegal sprinkling of insecticidal powder or spray onto a hive may lead to the need for a further collection of samples. Such cases can only be addressed individually but particular care should be taken where a white powder is to be collected as there have been cases of the abuse of Sodium cyanide (Cymag) at bee hives. This is a banned material which produces a toxic gas. The Natural England Inspector should be made aware of the presence of such a white powder prior to conducting the field investigation to ensure the appropriate protective equipment can be brought to the site. Beekeepers and others must be warned not to collect and forward samples where there is a suspicion that fumigant materials are involved, or to approach the hive(s).

When handling samples of dead bees these should be placed in a cardboard box and the sample can be frozen if the material cannot be sent to NBU immediately. Bee samples should not be placed in plastic bags as they "sweat". At least 50 bees is sufficient for all the standard tests required and these should be sent to the NBU as quickly as possible.

Where a honeybee sample is submitted the NBU will inform the beekeeper of the results of the disease screening. The Natural England Inspector is responsible for the disclosure of the pesticide analysis results if the bees are accepted into the Scheme.

Exhumations of domestic dogs

In a small number of cases the body of a domestic dog may have been buried prior to a Natural England Inspector being made aware of the incident. Only with the permission of the owner would an Inspectorseek an exhumation. The Diseases of Animals Acts 1894 to 1925 and the Animals (Miscellaneous Provisions) Order 1927 governs the exhumation of bodies and it is necessary to apply to the APHA, for an authority to exhume dogs.

This legislation also applies to most farm livestock but does not apply to wildlife or cats.

Post mortems

When the body of a companion animal is sent to the APHA regional laboratory for postmortem, tissues may be sent to FERA for further laboratory examination;the remains will be cremated and not returned to the owner.

A number of cases initially involve a private veterinary practice, as they are usually the first point of contact for individual pet owners. Where pet owners wish to receive the body of a pet back after postmortem then this examination will have to be undertaken at a private veterinary practice and not at an APHA regional laboratory. Where appropriate the private vets should liaise with the Natural England Inspector dealing with the incident in relation to the range of tissue samples that need to be taken and how they should be conserved and despatched to the WIU at FERA.

How long will all the laboratory test and analysis of any samples or baits take?

All of the agencies involved in the Scheme make every effort to complete investigations as quickly as possible.
From the time when there is sufficient information to accept the case into the Scheme Natural England will conduct initial enquiries into the incident, either by telephone or field investigation, within four working days of acceptance into the Scheme.

If a postmortem is undertaken this will normally be completed within two working days of the body being received at the APHA laboratory. If the body is frozen then this process may take up to four working days. The APHA will, where appropriate, dispatch tissue samples taken from the animal to the WIU at FERA for pesticide analysis within three working days of the postmortem examination, unless they are awaiting further information that will assist with their examination procedures. If at this stage the cause of death is established as not related to pesticides, then it is unlikely that further tissue analyses will be undertaken and the case will be closed. In these circumstances, a Natural England Inspector will contact you to explain the findings of the postmortem examination.

From when the tissue samples or baits arrive at FERA, and assuming they have sufficient information to conduct the correct tests, the pesticide analyses will usually take up to 8-12 weeks.

In exceptional circumstances, where the Natural England Inspector, in consultation with HSE, believes that the case warrants priority testing due to an immediate risk to human or wildlife, analysis will be completed within 10 working days.

If the case involves the death of honey bees, the NBU will screen for bee diseases within 48 hours of receipt of the samples. The beekeeper and Natural England will then be informed of the results of the disease screen. The bees will be passed to the WIU to await acceptance into the Scheme. There may be a delay in acceptance if the beekeeper or Bee Inspector cannot be contacted to obtain further information.

What happens if the tests confirm pesticide poisoning?

This depends on the results and the circumstances.

Sometimes a small residue of a pesticide might be found but it may not have been the cause of death of the animal. In other cases, whilst there may be clear evidence of pesticide poisoning, there may be no potential lines of enquiryto identify the route of exposure of the animal to the pesticide. If there is scope to pursue the investigation, further enquiries may be made by the enforcing authority leading the investigation which may be the police, HSE or the local authority.

Natural England Inspectors may be asked to assist any enforcing authority to make further enquiries and each request is considered on a case-by-case basis. Natural England do not take forward WIIS investigations beyond the initial gathering of evidence and providing expert assistance as required.

It is, therefore, important to establish at the outset which enforcing authority is taking primacyin an investigation and who will take responsibility for interviewing any suspects identified and, if appropriate, take the case through to prosecution.

HSE investigation

Depending on the evidence available, and where no other enforcement authority is involved, the HSE Investigations Team will take forward a WIIS investigation with expert advice and support from the Natural England Inspector who initially investigated the case. Enforcement decisions may be made at any stage of the investigation but any decision to prosecute rests with CRD.

Police investigation

There are a significant number of cases that arise from an initial Police enquiry often led by the local Police Wildlife Crime Officer (WCO). These cases often involve a bird of prey or companion animal where there are likely to be wildlife or other offences, as well as the potential pesticide offences.

The Police may request a Wildlife Management Adviser's support with enquiries at any stage of the investigation and provided the resource requirement is agreed with CRD , and provided it is within their capabilities, the Wildlife Management Adviser should provide full support to the Police.

There are cases where it transpires that the only substantive evidence in a case relates to pesticide offences, depending on the evidence the case may be followed up by CRD as the regulator. However, if the police in taking the lead have already interviewed suspects the police may take forward pesticide offences. CRD will not usually be able to take a case on once the CPS has reached a view on whether or not to prosecute.

What is an Enforcement Notice?

Both Natural England and HSE Inspectors are authorised to issue Enforcement Notices.

The purpose of an Enforcement Notice is to right a wrong as soon as possible. They have particular relevance to the removal and safe disposal of pesticides in misuse and abuse situations. The most common situations in this context for serving a notice have been:

To require the safe disposal of pesticides that have lost their approval by a disposal contractor (eg a tin of Cymag);
To require pesticide stores to be brought up to standard, including proper signage, in line with HSE Guidance

The Notice will generally be sent by recorded delivery or with the agreement of CRD served by personal delivery.

All Notices require the recipient to report within a given deadline on the action taken. For disposal of pesticides this will require a formal receipt from a commercial contractor to show that pesticides have been collected and disposed of. In other cases physical confirmation of the action taken may be required by a follow up visit. Failure to comply with an Enforcement Notice is a breach of the regulations.

Will you keep me informed?

An important part of investigations under the Scheme is to keep the reporting person informed of progress. However, in some cases it may not always be possible to provide information on the precise nature of any substances found as this may compromise any further investigation. Much of the information gathered at this stage will be confidential, and it may not be possible to inform you of the outcome of any investigations until the case is closed.

Following the decision to close a case, the Natural England Inspector investigating the matterwill contact the reporting person, either by phone or letter.