At times DIO can appear benign and at times charming, acting as if we are welcome to use the lands. The recent “Respect the Ranges” video even goes as far to spell it out:
“We very much welcome the public coming to use the estate but at the right time and when it’s safe for them.”
As we will see, the tricky bits for DIO are twofold. Firstly, accepting Aldershot Byelaws and Section 2 exists and is (nearly) unique with the wide ranging casual recreational access it grants appears difficult. Secondly, figuring out a rational and objective definition of “safe” does appear to be a challenge.
Yet even with a broad statement here in the South East the concept of “welcome” remains elusive. TAG have now raised and escalated a complaint regarding the approach and attitude of the Training Area Safety Marshals (TSM).
We have recent reports from dog walkers and mountain bikers documenting an overtly hostile attitude that ignores the cycling agreement, does not respect the byelaws and is making it clear DIO would rather see recreation removed. One TSM went as far as expressing a desire to fence the entire area and ban recreation at all times.
Just how welcome are we?
Isolated Incidents? Or Pattern of Behaviour?
Regrettably its not the first time TAG have raised concerns.
Many will be unaware of an incident back in 2019 at Beacon Hill when a DIO representative decided it was appropriate and acceptable to shout foul and abusive language at children. To their credit DIO acted upon that complaint and one of the positive outcomes was the 2019 agreement that cyclist were to be welcomed (see the Facebook post).
However, since early 2020 a steady stream of complaints has been reported into TAG, each telling riders they can only use the fire roads and a dog walker was advised the area was dangerous because there were trip hazards. At no time was military training underway…its very much a “get off our land” approach that really does ignore the principles of Section 2 of the Byelaws.
We see all of this as a softening up of the public ahead of the byelaws consultation, encouraging all of us to accept restrictions before the new laws actually apply. But without hard evidence things remain a they-said-I-said argument and the issues triggered remain unresolved.
What was needed was some hard and verifiable evidence.
We now have a 14 minute recording of an exchange between a mountain biker and a TSM.
You can have a read of the conversation highlights and analysis here:
There were so many misguided, inaccurate and just plain wrong assertions – up to and including threatening arrest – that its clear to us that DIO and their staff are relying on ignorance and bluster to encourage compliance to non-existent sections of existing or yet-to-be consulted on byelaws.
TAG have an in-progress complaint intending to address this but in the meantime we have put together a little guide to help.
A Guide to Reality
What follows is a layman’s guide to help anyone who is stopped to help counter the TSM & DIO view of reality. The comments are all based on quotes or feedback.
Anyone in uniform can enforce the byelaws.
This really depends on who is wearing the uniform. Lets look at who can:
- A serving officer or NCO.
- MOD or civil police.
- Anyone authorised in writing General Officer Commanding, Army District or Officer in Charge of Military Lands.
So a TSM (who is a civilian) must possess and be able to produce written authority. Anyone lacking authority is unable to enforce the byelaws.
However, there is some doubt over the existence of the roles mentioned in the byelaws, and a later piece of law (Police and Criminal Evidence Act 1984) may have removed the powers of arrest from individuals such as a TSM entirely (Update: we have two contradictory FOI responses, one saying both roles are defunct and a later one saying one is active…we are checking…).
February 6th 2022 – Update added following legal advice:
The Serious and Organised Crime Act of 2007 has likely removed the power of arrest from TSMs or indeed anyone else authorised in writing by the Commanding Officer.
It has not been tested in court, but legal counsel’s view is that it would be a very, very brave individual who is not MOD police or a serving officer or NCO to attempt an arrest under the current byelaws.
Either way, if you are stopped the TSM should be able to produce written authority to let the conversation proceed and asking to see copy is a perfectly reasonable request.
If you are stopped by the army then it will be for good reason(s). Military training takes priority and following their instruction is part of being a responsible user of the lands and everyone should follow the code of conduct. This includes making sure troops have priority and space to train.
Cycling is only permitted on the fire roads.
This contradicts the 2019 agreement between TAG and DIO that makes it clear cycling is permitted on the military lands when they are not in use. There was and remains no mention of any requirement to stick to the fire roads. TAG have never been requested to remove or alter the agreed and published statement and our challenge to DIO over this remains unanswered.
Until TAG are advised otherwise (and we will need an evidence-backed reason(s) to support such a change) we very much see the agreement to cycle as written authority under Section 8(3) of the byelaws and in effect granting cyclists access parity with walkers.
If presented with the “fire roads only” assertion then politely remind the TSM of the 2019 agreement and ask them if they have been informed of its existence. From a limited sample of people who have pointed out the agreement with cyclists it seems unlikely the TSMs have been updated by the leadership.
Perhaps the strongest evidence refuting DIO’s assertion we all need to stick to made up tracks is highlighted in the Respect the Range video – the mountain biker is seen enjoying the space but at no time is seen riding on a fire road.
This area is closed for your safety.
On the face of it this sounds very benevolent and almost caring.
The reality is more about DIO running scared of being sued (spoiler alert – no evidence of it happening here) rather than caring about safety.
If there is genuine risk triggered by military training then the statement is valid. But when the lands are empty the space is about as benign as possible. The the risk of harm – even falling down holes – is near zero and for the likes of MTB accepting the risk is part of the reason we ride…the mental and physical challenges posed deliver benefits far in excess of any downside.
It may seem unbelievable but falling down a hole has been given as good reason to close access to 340 acres at Ash Ranges. The holes in question are a) tiny and b) marked with a warning signs. The risks are mitigated but DIO reality means they remain a concern, particularly those who “cannot read”. For those who genuinely cannot read the text is accompanied with a graphic…no, we are not making this claim up.
February 6th 2022 – Update added following a Freedom of Information Request:
In five years just one member of the public has launched a civil claim for damages whilst using the Aldershot lands. The individual in question did indeed fall down a hole when a manhole cover collapsed. Set against 59,000 hours of recreation per week we maintain the area is as safe as practically possible and any DIO claim to the contrary is not based on sound evidence.
Its not just holes that trigger concern for our well being. Trip hazards – tree roots – have been cited as why DIO don’t like people taking recreation on the lands. Ash residents were quick to point out the canal lacks any warning sign…and people are encouraged to walk alongside it…
Should a TSM claim “Heath and Safety” then remind them that only applies to those at work and not to anyone using the lands for recreation, and there is no provision in the byelaws to prevent access on the grounds of public safety – only the presence of military training can justify closure.
If you are stopped and told to leave due to military training nearby then comply but please make a note of the date, time and precise location. We can verify any TSM claim by checking the booking on/off records for the area – just like we have done for Long Valley.
My boss said “appetite to risk” has changed. Its above my level. I’m just doing my job.
From a TSM perspective the statement is factually correct and feels like a get-out-of-jail-free card, blaming someone else who isn’t there for the situation.
However, we have yet to see evidence of any waiver available to a TSM (or indeed anyone at DIO) that excuses them from adhering to the Seven Principles of Public Life.
Or in other words, it does not really matter if the boss asks you to work outside what the the byelaws say or to ignore things such as the 2019 cycling agreement. Failing to uphold standards is an individual matter as much a corporate responsibility.
Col Cook is on record of saying DIO’s “appetite to risk” had changed but to date the statement has not been backed up with evidence and to this day remains outside of standards of accountability, objectivity, transparency, trust and ultimately, leadership.
Blaming the chain of command does not absolve anyone and TSMs must uphold the minimum expected standards of public life.
The MOD/DIO grants permissive access.
We can deal with this one really quickly. The MOD/DIO does not grant permissive access.
Section 2 of the byelaws – a law that is ultimately enabled by Parliament – grants recreational access to all areas the Aldershot lands and at all times unless it’s in use for military training.
The anti-social elements who [leave dog mess/ride bikes/start fires etc] will mean MOD will permanently remove access.
With 59,000 hours of successful recreation per week* the vast majority of visits leave zero trace, whilst at the same time the byelaws (plus others) contain the means to punish the guilty.
Closing access on the actions of an absolute tiny minority would fail any rational test of objectivity – one of the principles of public life and office – and applying collective punishment would be considered unacceptable.
Whilst the threat sounds very real, in reality a more balanced, objective and rational view would be expected and required.
*See the Community use survey reports:
This area is closed off. We told you its closed off.
Currently three areas are closed off, either permanently or part time; Ash Ranges complex (permanent but widely ignored by locals), Long Valley (part time but restrictions widely ignored) and Porridge Pots/Deepcut (as per Long Valley).
If stopped in these areas the TSM may start to assert the area is closed and no one can be there. We are now dealing with the most contentious issue; what powers do DIO possess to close access even when the lands are empty and not in use?
Can DIO close areas because they want to? For health and safety? To stop vandalism?
The short answer we think is “None whatsoever” and only the persistent presence of military – like Gibraltar or Keogh Barracks – dictates and permits public exclusion on a 24/7 basis.
However, DIO maintain they can close an area off whenever they like and for whatever reason.
We believe none of this meets the purpose and intent of Section 2 of the byelaws, nor meets minimum public standards for objectivity, transparency, accountability or truth.
When pressed not even the Minister for Procurement (Jeremy Quin MP) could offer sound legal opinion that clearly demonstrated DIO had the powers to restrict access at all times irrespective of use.
If military training is genuinely underway (again, note date/time/location – we can validate any claim) then you must leave the soldiers alone. If the lands are empty then there remains a big question mark over the TSM’s powers and DIO’s interpretation.
Our friends at Save Our Spaces are fundraising with the intent getting legally qualified advice on this point – please chip in and support their fundraiser if you can as any view will apply beyond the boundaries of Ash Ranges.
It’s MOD land and we can do what we want with it.
We can only give half marks for this statement.
Yes, its MOD land but the space comes under an Act of Parliament (1892 Military Lands Act) and a set of Byelaws. MOD are beholden to the law as much as we are and Section 2 exists as much to permit recreational access as to preserve it. Therefore DIO are expected to uphold and respect access at all times when not in use and they cannot do what they want with it.
Gather The Evidence
If there is a genuine need to intervene no one will ever object to a TSM doing their job. They are there to help troops train and if that means stopping recreational users from interfering in an exercise then we can and must do we can to support that.
So we fully respect TSMs have a job to do and we ask that everyone affords them the utmost courtesy as they go about their work on the lands.
However we cannot support intervention when none is necessary, particularly when accompanied by any low level hostility towards recreational users. Nor can we support TSMs – or indeed anyone at DIO – who is unable to meet the basic principles of standards in public life. Nor can we accept a draconian “hostile environment” interpretation of Section 2 of the byelaws and DIO’s attempts at preventing us accessing the lands even when empty.
The recording has proved a rich source of evidence and enabled us to directly challenge the belief system that perpetuates within DIO. The more examples of these we have the better as we think it will demonstrate the issues go beyond the individual level and deeper into a culture that refuses to respect Section 2 of the byelaws, or is acting on a desire to bring the Aldershot areas into line with the rest of the MOD estate.
It may come as a surprise but Section 2 of the Aldershot byelaws is just one of two examples from the hundred or so military byelaws and its presence is perhaps seen as a massive inconvenience and loss of control for an organisation used to dealing in and very much preferring…control.
To be clear; we believe bringing Aldershot in to line with the rest of the MOD estate will prevent casual recreation at all times irrespective of being in use. The lands could be closed at a whim or when the risk appetite changes and access will be prevented at all times and the current approach is risk adverse in the extreme whilst lacking any balance that recognises the physical and mental health benefits access delivers to the community.
Back in May last year TAG called for protection of access to feature in the new byelaws for this very reason.
So, if you can and are comfortable with recording please preserve any encounters with TSMs. Easily identified, they will typically be dressed in combat fatigues, wear a high-vis jacket and drive a distinctive white pickup with red bonnet and doors. They should not be confused with Landmarc staff, who are an altogether more engaging and friendly bunch.
It is highly unlikely TSMs will appreciate being recorded and may start to raise objections.
To counter any insistence the recording stops, the following guidelines should apply:
- You do not have to tell anyone you are recording
- We believe there is a very strong defence of “public interest” for recording and subsequent publication
- TSMs carry body cameras – their actual use appears to be infrequent – and filming is not their exclusive right
- If a TSM records you then the material can be requested under a Subject Access Request
- There is no provision in the byelaws to prevent filming or recording
- The evidence gathered is irrefutable – no one can argue over what was said
If you do happen to record an encounter we would love to hear from you – do please get in touch using our Facebook page.
We would rather see a community working in collaboration with DIO, working together to achieve the common goals of making sure the military lands can support the training needs of a modern army whilst at the same time enabling casual recreational access at all times when not in use.
There is much we could do…and should do. The “Be like Pete” litter pick on Caesars Camp shifted 10 bags of rubbish off the lands and is just one example where we can all do our bit. There is a lot we could do with education on everything from why the wildlife is special to making sure everyone knows its a minimum distance of 100m between soldiers using pyrotechnics and a civilian.
The potential is there and remains both untapped and massive. The passion the community feels for the space is a latent force – a causal read of the Recreational Users Survey should make that clear – but remains formally unrecognised.
For now collaboration remains elusive and our political leaders seem unwilling or unable to issue enabling direction to DIO. When direction is clear DIO remain at liberty to ignore it.
It can be difficult to remain optimistic at times.