Changes to EA’s regulatory appeals process

Following a consultation earlier this year (to which REA responded) the Environment Agency have made changes to their regulatory appeals process, which came into effect on 3rd December 2024. Their final position statement contains further information.

Overview of the changes:

• The updated regulatory appeals process will remove decisions that already have a statutory right of appeal from the regulatory process, without affecting those statutory rights.

• The updated regulatory appeals process will provide a clear route for challenging regulatory decisions, involving two stages and will specify when this route applies.

• The updated regulatory appeals process will give regulated customers more time to prepare a regulatory appeal.

Key updates to the appeals process:

The EA are introducing a two-stage appeals process designed to resolve issues efficiently.

• Stage 1: A discussion with the original decision-maker within 14 calendar days of receiving the regulatory decision, aimed at resolving issues without a regulatory appeal.

• Stage 2: A regulatory appeal if matters have not been resolved at Stage 1.  The regulatory appeal may be submitted within 28 calendar days of receiving the Stage 1 response and may be supported by additional information. The regulatory appeal will be allocated to an impartial person for their determination.

Only regulatory decisions, not initial advice or communications will be covered by this appeal process. Appeals that meet the criteria and progress to Stage 2 will be determined by an impartial decision-maker who was not involved in the original decision.  A response should be provided within 28 days.

Benefits of the new process:

• This updated process will offer a fair and straightforward way to address concerns.

• The updated process will reduce duplication and delay by being clear about which appeal route (statutory or regulatory) should be followed to appeal against a decision.

For further information, please visit this GOV.UK page with the latest guidelines.