Briefing Note on Ken Stimpson playing fields, Werrington - August 2022
Context The City Council continues to proceed with the project to erect a fenced area of playing field serving the pupils of Ken Stimpson. The intent is to improve safeguarding of children and, by doing so, we will be ensuring that the Council is meeting its statutory responsibilities. In terms of legislative compliance, the Council is under various statutory obligations in relation to land held for education purposes: a)
Under Regulation 10 of the School Provision (England) Regulations 2012, “suitable outdoor space must be provided in order to enable: (1) physical education to be provided to pupils in accordance with the school curriculum; and (2) pupils to play outside.
b)
Under Section 175 of the Education Act 2002: (1) A Local Authority shall make arrangements for ensuring that their education functions are exercised with a view to safeguarding and promoting the welfare of children; and (2) The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.
c)
Under the Keeping Children Safe in Education 2022 statutory guidance for schools and colleges, all staff have a responsibility to provide a safe environment in which children can learn. In addition, education settings are directly responsible for ensuring they have the appropriate level of security protection procedures in place.
It is felt that the best way to ensure that both the Council and the school are meeting their statutory responsibilities with regard to keeping children safe is to enclose part of Werrington fields with a 2m high fence and offer managed access to the enclosed fields to members of the community outside of school operating hrs.
Legal Protection for the land School playing fields have protection under Section 77 of the School Standards and Framework Act 1998 and any disposal or change of use of school playing fields is subject to Secretary of State consent.