MA Escalates Merlin Survey Concerns to Natural England’s Chief Executive
- Andrew Gilruth
- 4 hours ago
- 3 min read
The Moorland Association has formally written to Marian Spain, Chief Executive of Natural England, seeking urgent assurances over the handling of access requests connected with the UK Merlin Survey 2026.
The MA does not object in principle to properly conducted Merlin monitoring. Many members have supported and undertaken Merlin monitoring for years. The concern is that access must be based on clear information, proper safeguards and trust.
Following consideration by the MA Board, it was agreed that these concerns should now be escalated at senior level. The issue is no longer simply about individual access requests. It is about governance, transparency, third-party involvement, data safeguards, licensing and Natural England’s relationship with moorland managers across the northern uplands.
We are publishing the letter in full so that members can see clearly the questions the MA has asked on their behalf, and the assurances we believe Natural England must provide before members are placed under further pressure to consent to access.
Previous MA advice to members
This follows our earlier blog, which explained why members should not be bounced into consent and set out our initial concerns about scope, condition assessment, heather burning, grouse moor management categories and “known or suspected persecution incidents”.
Why the Corry Review matters
This case also illustrates why Defra’s 2025 Corry Review matters. The Review called for environmental regulation to be predictable, consistent, outcome-focused and easier for customers to navigate. It also recognised that environmental NGOs are an important voice, but not the only stakeholder.
Where trusted partners are given greater autonomy, the Review envisages clear governance, compliance requirements, monitoring and accountability. Had those principles been applied from the outset, much of the current concern could probably have been avoided.
New concerns since our earlier advice
Since our earlier advice, further concerns have emerged. The MA has received additional reports from estates about individuals believed to be connected with the survey being encountered on or near land where permission had not been granted or, in some cases, had not even been sought.
We have also raised questions about the licensing position, the role of the RSPB and Raptor Study Groups, the use of any BTO-issued Schedule 1 permits, and whether surveyors are permitted to approach, inspect or record Merlin nests if found or already known.
Estate Merlin knowledge has been overlooked
Many estates have undertaken Merlin monitoring for years and hold relevant local records. Natural England does not appear to have made any systematic attempt to understand what data already exists or how estate knowledge could help avoid duplication, reduce disturbance and improve survey coverage.
Access plans and consistency
The MA has also asked why the Merlin survey has not been handled on the same site-specific basis as previous sensitive upland raptor work involving Natural England. During hen harrier brood-management work, MA staff visiting potential sites on SSSIs were required to provide formal Access Plans, written consent from relevant interests, and licence documentation.
The MA does not object to those safeguards; they are sensible. The question is why a comparable standard does not appear to have been required before third-party surveyors are authorised to undertake Merlin survey work on managed moorland.
What we have asked Natural England to explain
In the letter, the MA asks Natural England to provide programme-wide assurances on:
the scope of the survey and whether it is being used for SSSI or SPA condition assessment;
why heather burning, grouse moor management and “known or suspected persecution incidents” are being recorded;
the role of the RSPB, Raptor Study Groups and any other third parties;
how sensitive species, estate and land-management data will be stored, shared and used;
what licences, permits or authorisations surveyors are relying on;
whether surveyors are authorised to approach, inspect or record Merlin nests if found or already known;
what instructions have been given to surveyors about landowner consent, identification and right of entry;
what will happen to any records gathered without permission or lawful authority;
whether Natural England will pause further access approaches until a clear protocol is agreed.
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