Sheep grazing is a long-established and valued part of the Forest of Dean, helping to shape the landscape and contributing to the Forest's unique heritage and culture. At Forestry England, we support the continuation of this traditional practice and recognises the important role shepherds play in sustaining it.
The welfare of the sheep is at the heart of this tradition. Good animal husbandry, responsible shepherding and regular care help ensure that sheep can continue to graze the Forest safely and thrive in this environment, just as they have for generations.
Forestry England, the Commoners' Association and local shepherds share a commitment to maintaining high welfare standards while protecting and preserving this distinctive feature of Forest life for future generations.
Your questions answered
Sheep grazing in the Forest of Dean takes place under a longstanding traditional privilege rather than a legal right of common grazing.
This tradition has existed for many generations and continues to be recognised and supported today. Historical legislation established that no legal common grazing rights for sheep exist within the Forest, but the Crown has long permitted the practice of sheep grazing as a traditional privilege.
The Dean Forest (Reafforestation) Act of 1668 restricted the rights of common in the Dean to those claimed in 1634. No rights of common grazing for sheep were claimed in 1634. The 1668 Act further prevented any new common rights being created or claimed. The 1668 Act was replaced in 1808 (Dean Forest (Timber) Act), with the same provisions for common rights being carried forward.
In 1906, law officers for the crown examined the position again, and determined that the Deputy Surveyor should maintain is that there is no right of common for sheep and that the Crown suffers the privilege of sheep grazing in the Forest of Dean.
The traditional practice of sheep grazing has nevertheless continued for generations and remains an important and valued part of the Forest today.
This is not tightly defined, but custom and practice that had evolved in previous decades solidified with the passing of the Forestry Commission Byelaws in 1981 and a facilitating agreement between the Forest of Dean Commoners Association and the Forestry Commission in 1980.
Under the Forestry Commission Bylaws anyone turning out sheep in the Forest of Dean must have a mark registered with the Deputy Surveyor.
The Forest of Dean Commoners’ Association holds the register of marks and will issue marks to new shepherds who are judged to be able to continue the tradition in a responsible way. These arrangements help ensure that those turning out sheep have the experience, knowledge and facilities necessary to care for their animals and continue the tradition responsibly. On issuing a new mark, the updated register is provided to the Deputy Surveyor.
The Deputy Surveyor (Forestry England) will expect the Commoners’ Association to only issue marks to shepherds who
- Reside in the Hundred of St Briavels
- Have experience in keeping sheep
- Are registered with the Rural Payments Agency as a sheep keeper, and have accordingly been issued a flock number
- Have sufficient back land for their animals to be levant and couchant (afoot and lying) within, or close to the statutory forest.
Shepherds do not need to be members of the Commoners’ Association, although this is recommended.
Shepherds with a registered mark may be known as commoners or badgers.
The traditional privilege of sheep grazing extends to the full extent of the statutory forest boundary as laid out in 1832, and all forest waste contained therein.
Forest waste is an historic term that refers to unfenced land within the statutory forest boundary. The common law position is that landowners within the Forest of Dean should fence against the forest so as to prevent grazing livestock, as well as wild deer and the feral wild boar from entering their land.
Whilst the 1980 Highway Act makes it an offence to allow livestock to stray on the public highway, the act contains a defence that permits stock to roam freely from one area of common grazing to another. For this reason sheep are tolerated to stray on the highway within the statutory forest boundary.
By way of the 1981 Forestry Commission Bylaws, sheep may not graze within the fenced inclosures made under the auspices of HM Inclosure Commissioners.
Shepherds are responsible for managing their flocks appropriately, balancing the traditional hefted nature of sheep in the Dean with their responsibilities for animal welfare, public safety and neighbouring landowners.
Sheep have traditionally moved throughout much of the statutory Forest area and remain a familiar feature of life here in the Dean.
Whilst the traditional privilege of sheep grazing extends to the full extent of the statutory forest boundary, the shepherds are encouraged to shepherd their sheep in a responsible way.
Agreements as to what constitutes responsible shepherding have stated that sheep should not be permitted to lie or otherwise linger in built up areas such that they cause nuisance by way of obstruction of paths, pavements or other roads, nor through deposit of sheep poo or urine on pavements or other public areas.
The Commoners Association have historically agreed that the built-up parts of the town of Cinderford that lie within the statutory forest should be considered as ‘out of bounds’.
Each shepherd is responsible for ensuring their animals are healthy, monitored regularly and cared for appropriately. National regulations for sheep keepers require shepherds to have sight of their animals on a daily basis, and this applies to sheep out on the Forest as well as within a field.
High standards of animal welfare help protect both the sheep and the tradition itself, ensuring that sheep grazing remains a valued and respected part of the Forest's character.
The welfare of sheep on the Forest is taken seriously by shepherds, the Commoners' Association and the relevant enforcement authorities. The vast majority of shepherds work hard to care for their animals and maintain good welfare standards. Where concerns arise, they should be reported so they can be assessed and, where necessary, investigated.
If you are concerned about the welfare of a sheep in the Forest you can report it to the Animal & Plant Health Agency. Urgent matters can be reported by telephone on 03000 200 301, and less urgent by the online reporting service Report farm animal welfare concerns - GOV.UK
Gloucestershire County Council Trading Standards may also be contacted on 01452 426060 during normal business hours (9.30am to 4pm Monday to Friday).
Forestry England have no capacity or capability to deal with distressed sheep and therefore we only pass reports to the Animal & Plant Health Agency or Gloucestershire County Council Trading Standards.
When reporting welfare concerns it is important to include as many of the following as possible:
- Exact location (using what3words if possible)
- Any markings – flank marks, ear tags or ear notches
- Description of what your concern is (eg hit by car, attacked by a dog etc).
- Provide any digital photograph or video showing location and sheep
- Your contact details so the report can be followed up if necessary.
The enforcing authorities for animal welfare legislation can and do take action against keepers of animals that do not look after their animals appropriately. Those enforcing authorities can only act using evidence that will stand up to scrutiny in a court of law; and are also unable to discuss with third parties details of enforcement action that is in progress or planned. This may give rise to a false impression that reports are not acted upon when, in fact, they are.
All registered sheep keepers are required to keep records of their animals’ movements and observe legal standstill periods for the control of animal diseases. To assist this, the Forest of Dean has been allocated a ‘common holding number’ by the Rural Payments Agency, so that movement of sheep on and off of the Forest can be recorded by the sheep owners.
All shepherds turning out sheep on to the Forest are required to have back-land within or close by the Forest so that they can remove their sheep from the Forest if required to by the Animal and Plant Health Agency (and or Gloucestershire County Council Trading Standards) in the event of a disease outbreak. Sheep keepers will have their land holdings registered with the Rural Payments Agency.
To reduce the risk of disease outbreaks - pleasedo not feed any animals in the Forest.
These arrangements help protect both the health of individual flocks and the wider livestock population, supporting the safe continuation of sheep grazing within the Forest.
The owner of the sheep is responsible for the legal removal and disposal of any dead sheep / sheep carcasses.
If the owner of the dead animal cannot be traced due to lack of identification marks, then the removal falls to the landowner.
Shepherds and the Commoners' Association work together to help ensure that dead livestock are identified and removed promptly and in accordance with legal requirements. Forestry England have a longstanding agreement with the Commoners’ Association for the removal and legal disposal of deadstock within the Forest of Dean.
If you see a dead sheep lying in the Forest please report it as for sheep welfare concerns. If the dead animal is lying on Forestry England managed land it can also be reported by email to westengland@forestryengland.uk.
Sheep grazing is a longstanding tradition in the Forest, which when practiced responsibly, adds to the forest culture, sense of pride and local distinctiveness. Forestry England support responsible shepherding as a continuation of the traditional privilege.
Livestock grazing also helps maintain the forest’s open spaces and habitats supporting the Dean as a stronghold for nature. Sheep poo is an important food source for a range of beetles, which in turn help support our nationally important population of bats, for example.
Forestry England wish to see an increase in the number of shepherds in the Forest, practicing responsible shepherding so as to maintain and improve the quality of the natural environment.
Forestry England values the contribution that sheep and shepherds make to the Forest of Dean and wishes to see this unique tradition continue for future generations. Alongside its cultural and environmental benefits, a strong commitment to sheep welfare helps ensure that the tradition remains something the whole community can take pride in.
Forestry England are willing and able to support existing and new shepherds with the location of hefting pens, winter feed stations and watering points. Where necessary permission can be granted for a shepherd to use a roadworthy (taxed and insured) vehicle on Forestry England managed land to support their shepherding.
Forestry England also have a longstanding agreement with the Commoners’ Association, providing a route for the disposal of unidentified carcasses found on the Forest under the Animal Byproducts Regulations.
Forestry England values the presence of sheep in the Forest of Dean and supports the continuation of this unique and longstanding tradition. Good shepherding and high standards of animal welfare have always been central to Forest sheep grazing and remain essential to its success. Working together, shepherds, the Commoners' Association and Forestry England can help ensure that sheep continue to be a familiar and valued part of the Forest for generations to come.