Right to roam

Access to outdoor spaces has long been a controversial topic in England and Wales. Lydia Paleschi speaks to Imogen Radford from the Outdoor Swimming Society’s Inland Access Group to shine a light on the legalities around swimming and trespassing so you can swim in confidence.

“Outdoor swimmers in England and Wales have considerable difficulty with access”, says Imogen. While there is a clear right to swim in the sea around the UK coastline, swimmers are often less clear on their position when accessing inland waters including rivers and lakes. The OSS Inland Access Group – a voluntary organisation – aims to share knowledge and provide support for maintaining access to inland swimming spots in England and Wales for swimmers and landowners.

Access to inland waters in England and Wales

According to Imogen, when it comes to inland swimming in England and Wales, “the legal position is very unclear.” There are different rules for different bodies of water and in some instances, accessing a body of water it is legal to swim in may require trespassing across land. The Countryside and Rights of Way Act 2000 (CROW), which outlines provision for public access to the countryside, omitted inland waters from its scope completely. Other waters, including reservoirs, should be available for swimmers but are not. “When reservoirs were privatised the water companies were given a legal duty to provide recreation on the land and water”, says Imogen. “But in practice most of them don’t permit swimming, using safety as an excuse… In the case of rivers, it is easier, because there is a lot of evidence showing that you have a right to go there.”

However, because of the ambiguities around access, many swimmers don’t think they have the
right to swim. When I ask what this means in practicality for swimmers in England and Wales, Imogen tells me: “the problem is that when people don’t understand [the law] they don’t feel they have the right [to swim]. The presumption is the wrong way around and swimmers are influenced by those presumptions”.

The Scottish model VS CROW

“What we really need is what Scotland has got”, says Imogen. She is referring to the Land Reform (Scotland) Act 2003. “In Scotland the presumption is that you have access and in return you behave responsibly.” The right of access to outdoor spaces and bodies of water is clear and means swimmers in Scotland can enjoy the outdoors. The legal principle volenti non fit injuria underpins the Scottish legislation and clearly states that a person willingly taking part in an activity takes on the risk. This relieves the concern of landlords, as the public are clearly told that they take responsibility for their own actions. “This positive approach means that people can gain a better understanding of safety and learning by experiencing open water”, says Imogen.

When I ask Imogen if extending CROW to include inland waters would make a difference, she reveals “it needs to go much further than extending CROW”. While the Countryside and Rights of Way Act could potentially include water access, without extending access to land it would only benefit certain areas. “It would exclude people who live in large swathes of the country where there are only pockets of open access land, and often those are not accessible.” At most, an extension of CROW could “act as a stepping stone”.

Just keep swimming

With legislation unlikely to change any time soon, Imogen reveals that “the best thing to do is to keep swimming”. She encourages swimmers to “grab confidence” and to “band together with others and join swim groups” to swim in their local rivers and lakes. While it may be daunting to swim somewhere without clearly defined permissions, if you access a body of water respectfully and responsibly, Imogen says then you “probably won’t experience conflict”.

In some instances, accessing water in this way has led to the formation of new swimming groups who are enjoying access to new areas. For Owen Hayman and the Sheffield Outdoor Plungers, this has included swimming in the reservoirs of ‘Sheffield Lakeland’. While there are plenty of ‘no swimming’ signs at the reservoirs, thousands of members of the group have enjoyed swimming there regularly for years.

When I ask Imogen about the repercussions of trespassing, she explains that “it is a civil wrong, which means it is not illegal or a criminal offence. It’s nothing to do with the police and there’s very little a landowner can do about it unless you cause damage or abuse.” While Imogen doesn’t explicitly encourage trespassing, she does recognise that sometimes it is necessary to access a body of water.
She explains that in instances where it is necessary, it is important to demonstrate
a respect for both the land and the landowners.

What about land owners?

With swimming often looked upon disfavourably by landowners, “the OSS is interested in not just dealing reactively with problems, but also with campaigning and negotiating for access with landowners”, says Imogen. The OSS guide to setting up inland bathing areas in the UK aims to provide a resource for landowners, to allay their fears around outdoor swimming. The guide includes successful examples of inland bathing areas being set up, including how they can have a positive impact on local populations of people and wildlife. They also outline various models for landowners to allow swimming on their land and clearly state their legal obligations. When I ask why landowners are often reluctant to permit swimming, Imogen explains that “there is a real lack of understanding about outdoor swimming and safety amongst landowners and authorities.” While there are some risks, Imogen reiterates that increased access can make swimming safer.

Environmental concerns

While some landowners are against swimming because of safety implications, others claim it can have a detrimental effect on the environment. Imogen disagrees, claiming that “The environment can often be used as a reason for people not to be allowed to swim, but in practice the opposite is true… If swimming is welcomed and regular it tends to be a positive influence.” She explains that swimmers have an appreciation and a connection to the natural world and therefore seek to leave places the same if not better than they found them. In addition, “swimmers can be a real positive influence on other people, just by seeing how they behave with the environment”. Imogen also explains that by making
more inland swimming spots available, it would encourage more people to access their countryside and think about their impact on it. “The problem is people have become so alienated from it that they don’t think about big things like climate change and pollution.”

Fight for your rights

Overall, swimmers in England and Wales are at a disadvantage when accessing outdoor spaces compared to Scotland, however this doesn’t have to hold us back. While the laws around the right to access are ambiguous, accessing inland rivers and waters doesn’t generally have legal implications. By presuming a right to access and going with others, swimmers can access inland waters and set a precedent for the future. “Rights need to be fought for and defended”, says the Outdoor Swimming Society, and by swimming you are doing just that. If you are thinking of campaigning for access in your area, contact the Outdoor Swimming Society’s Inland Access Group.