Legal challenge launched over fox flushing licences in Scotland

The judicial review claim has been lodged against NatureScot, which oversees the licensing process, and argues there are issues with how the public body awards licences.

Wild Justice and LACS say NatureScot has not been strict enough in how it assesses applications for licences, resulting in mounted fox hunts with packs of dogs still taking place.

Under the Hunting Dogs (Scotland) Act 2023, it is illegal to hunt foxes or any wild mammal with dogs unless in certain exempt circumstances, such as grounds management or environmental benefit, with up to two dogs generally allowed.

NatureScot has the power to grant licences for using more than two dogs for either the management of wild mammals above ground, or for environmental benefit. These licences can only be granted if there is a strong justification, such as foxes being likely to cause serious damage to livestock, and if no other solution (such as constructing fencing) would be effective.

LACS submitted a freedom of information request to NatureScot asking for details about applications and licences the public body had granted for using more than two dogs to flush foxes. This information was provided by NatureScot in May 2026.

After reviewing this information, LACS believes some licences are being wrongly granted.

In a petition for judicial review now filed in the Court of Session in Edinburgh, LACS along with Wild Justice argue that licences are being granted in situations where the threat of foxes to livestock is not serious enough to warrant an exception, and in situations where there are alternative solutions which haven't been properly considered.

The two campaign groups say NatureScot is granting licences to applicants with too little evidence of exceptional circumstances, and wrongly allowing foxhounds to be used by licence holders.

LACS and Wild Justice say that the approach to granting licences taken by NatureScot means fox hunts that should be banned are still taking place, and call on the public body to better enforce the rules for granting licences.

Robbie Marsland, director of the League Against Cruel Sports Scotland, said:

“The Government told Parliament these licences would be the rare exception, but three years on, we are back where we started with packs of foxhounds marauding around the countryside with hardly anyone checking what happens next.

“We didn’t want to end up in court, but we’ve spent two years raising concerns with NatureScot about this. We offered our own investigators to help with monitoring and asked for the information that would let us do it, but NatureScot said no to both.

“Scottish Government ministers were very keen to take the credit for closing the loophole, but they’ve left the job of policing it to NatureScot, which attended just one licensed hunt all last season. The law already says the scheme needs to be properly reviewed, and they could start that review tomorrow if they wanted to.”

Dr Ruth Tingay, co-director of Wild Justice, said:

“Licences that permit the killing of wildlife must be robust, evidence-based and subject to effective monitoring. They are not a formality or a blank cheque: they provide an exceptional permission to undertake activities that would otherwise be unlawful, and must therefore be subject to the highest standards of scrutiny and accountability.

"NatureScot has a responsibility to ensure that any licences it issues are justified, that their conditions are clear and enforceable, and that compliance is properly monitored. Without robust oversight, there can be no meaningful assurance that wildlife is being protected and that licensing decisions are being applied as intended.

"This legal challenge is about ensuring that the licensing system operates lawfully, transparently and in a way that safeguards wildlife."

Leigh Day solicitor Carol Day, who represents LACS and Wild Justice, said:

"Our clients believe NatureScot is handling the licensing process for fox flushing in a manner which is unlawful. The Hunting with Dogs (Scotland) Act 2023 only permits the grant of licences to use more than two dogs for fox flushing in specific circumstances – including serious damage to livestock – and where no effective alternatives exist. Our clients argue that NatureScot has failed to adopt a consistent approach to the evidence. Their legal claim calls for full compliance with the 2023 Act in the forthcoming season."