Red squirrels in England could face complete local extinction unless legal protections are strengthened, conservation experts warn. Currently, the Wildlife and Countryside Act 1981 allows an exception whereby individuals who kill red squirrels or destroy their nests can claim the harm was an unavoidable side effect of lawful activities. This loophole contrasts with the more robust protections afforded to other native species under the Habitats Regulations.
Since 2007, European protected species such as bats, dormice, otters, and great crested newts have lost the defence that allowed incidental harm during lawful operations. Beavers received similar protection in England in 2022 and in Wales earlier this year. However, red squirrels remain excluded from this list.
A briefing paper by the conservation group Save Our Reds highlights the urgent need to extend these protections to red squirrels, pointing to threats from disease, invasive grey squirrels, and habitat loss. Marie Carter-Robb, a representative of the group, emphasized the disparity, noting that “beavers have stronger protection for their breeding sites than a native animal that has lived in Britain for 10,000 years. That can’t be right.”
The group is urging members of Parliament to add red squirrels to Schedule 2 of the Conservation of Habitats and Species Regulations 2017. This change would bring red squirrel breeding sites and nests within the scope of the Habitats Regulations, making damage or destruction an offence regardless of intent. Under such a framework, any activities likely to breach these protections would require a licence from Natural England.
Natural England’s Red Squirrel Recovery Strategy, published in April, warns that red squirrels face a high risk of extinction across mainland England within approximately 25 years. While an estimated 120,000 red squirrels live in the UK, fewer than 15,000 reside in England, reflecting their vulnerable status.
Dr Craig Shuttleworth, who contributed to the briefing paper, stressed that the necessary scientific knowledge, legal mechanisms, and conservation expertise already exist. “What is needed now is the political will to ensure those protections are properly applied and enforced,” he said.
The Department for Environment, Food and Rural Affairs (DEFRA) confirmed the government’s commitment to protecting endangered red squirrels by managing non-native grey squirrel populations, a key threat to the native species’ survival. The department did not comment directly on the call to amend existing legislation.
The debate highlights ongoing challenges in balancing conservation efforts with existing legal frameworks, as England seeks to prevent the disappearance of the native red squirrel.
