Parish Council have closed the village park

[MinecraftMother]

I nearly put this in AIBU!

The park is a big green space with a small part being reserved for playground equipment. Old skool, leg breaker style stuff!

Anyway, that equipment isn't being used by the kids (that I've seen) from the village. Certainly not mine. But it isn't taped off, or anything.

Anyway, the PC have marked it, the whole park, as closed. There's a bike track with little hills at the bottom of the park, this is where my guys like to cycle. They sometimes see other kids, but not too often.

Apparently some people in the village are very cross about the kids - not just mine - being in the park.

So we're clear, the village is small and I know most of the other parents, some very well. The kids haven't been mixing. They are staying away from other households and keeping with their bothers and sisters. My guys haven't been in the park with other kids, but if they were, they know the drill.

They cycle up and down the close, then to the park and the little hills, then back again. No loitering etc.

For background, the kids have been told off for cycling outside someone's house not too long ago...as in, cycling past on the pavement as kids do (no one else around). They aren't friendly, the locals.

Can I take the PC to task about closing the entire park, as opposed to just the play equipment? Shall I?

Yes
Killjoys

Yes.

Have the meeting minutes been published yet? Finding out the reasons given for closure might be useful,when deciding how to angle your campaign.

When is the next meeting? Do you have time to encourage plenty of people to lobby the PC members?

That’s ridiculous. We should be opening up MORE open space people can walk to and use (particularly children) to keep fit and healthy. Tell them they should close the streets to cars to allow people to exercise if they’re not going to provide the park.

Ours was closed because they didn't have enough groundspeople available to look after it early on in lockdown. It's reopened now as they are back at work. Maybe that's the reason.

Insane

Let the local MP know

Put it all over social media.

Thanks for your thoughts.

I don't think there was a meeting as such, they're not meeting at the mo.

@ExpletiveDelighted I reckon that's the reason they'll give.

I'm actually considering going to my MP!

What have I become?!

I simply cannot stand this type of power play without any fucking thought or common sense.

Do go to the MP

Why is that bad?

The type of person who does this needs to account for their idiocy
And it’s going to be some jumped up wanker who wants to exercise power

Yes I’m aware I’ve just described MPs

But I thought they said in the press briefings that councils must be encouraged to leave these areas open

@LilacTree1

I suppose it feels "bad" (for want of a better word) because it's a little Daily Mail sad face "disgusting" type of complaint (by me).

My husband removed the sign. Someone (not us, honest!) had removed an earlier one a couple of weeks ago, and that's what started this debate on Facebook on the village page.

Also, my friend's children were confronted by an angry woman last week - asking them what they thought they were doing at the park. As I said, they weren't on the playground, they were on the BMX track - cycling around the field. All of them (4 in all) from the same household. Even keeping in mind childish exaggeration, she seemed to be a little frothy!

I've responded on Facebook to the PC with my thoughts. I'm a lawyer (but don't hold that against me, it just means I like to read the details 🙄) and have confirmed the definition of park and green spaces etc and looked at the Covid guidelines in detail. I can see that equipment has been fenced off in all parks, but not the green spaces and the BMX track falls into that (I think - that's what I'm not entirely certain about - any thoughts?!).

The PC have a bit of a rep for this type of exercise of power - no consult, or due consideration. They just do whatever they want. And why be so angry at children cycling if they're nowhere near you? It's not like the woman who was kicking off at my buddy's kids last week was waiting for her go on the track.

I think some people are loving the opportunity to be awful.

ask them why they are going against government guidance.

If your parish council have similar powers to a city council, the park is their property so they can close it whenever they like for any reason. So even if the park has been closed spitefully, it’s within their rights to do so and I don’t think the public have much, if any, recourse? Have they blocked off any public rights of way? Do they have a website with any more information?

I do think bad press will force them to rethink this so continue to complain on socials

Maybe to stop people gathering for the Bank Holiday?

Can I offer some insight...

One of the statutory duties that the owner of a public open space has, is to conduct weekly safety inspections for insurance purposes. If the PC is unable to do this for some reason, the public liability insurance would not be valid and they could be left open to uninsured litigation if someone hurts themselves. Under this circumstance they will have no choice.

Removing signs is unwise unless you know the reasons. I am a councillor and we have been able to keep our spaces open only because the one qualified member of ground staff who can do the inspections is able to work. If he gets ill, the parks will have to shut. Before anyone says pay someone else in that case, the training is expensive, takes time and budgets are usually run on a shoestring. You do need to be certified to do this kind of inspections.

Thanks all, really good points, thanks.

@Redkatagain that's what I think they will claim (staffing) as I don't think they own the land. As far as I can recall the village owns it - it's held in a trust. I haven't got quite so invested as to have downloaded a copy of the title 😆

I think they'll cite the staffing to inspect and maintain as necessary - but I don't think it's the real reason. The site is perfect. And kids aren't using the play equipment - I say this whilst being fully aware that I'm not a professional park inspector etc. so they may indeed have a very different take on it but I think they are flexing their muscles because they have a habit of being mean, when given the opportunity. So I'm judging them now by their past behaviours.

I mean, it's a field with some bumps, when all is said and done.

The sign is returned. They've not locked the gate. They have no enforceable powers so...what can they do? Call the police? They don't own the land and trespass is a civil matter.

They threatened police last week on Covid grounds but it's a fairly thin case! Would be a shame to bother the police with this.

Thanks again, food for thought.

Good night x

I made the pint about the whole parks not just the equipment. You have to inspect grassy fields as much as play areas.

So far as the staffing goes, I have made very tough decisions to balance a duty to the public with a duty of care as an employer

It's also very likely to be held in trust. No-one owns the PC as such. It's held in trust for the village by the trustees (elected councillors) whoever they are at the time

I should probably stop posting but...

If someone using the park suffered a serious injury and wanted to sue, at the moment the park is shut and you used it anyway....so the insurance wouldn't pay out

You may not get very far in suing. The park equivalent of buyer beware maybe?

@Redkatagain but it’s only closed because they’ve closed that, they could have avoided this issue by not closing it or by avoid liability by taking proper measures to secure the sight.

@OP I would put them in their place. If the entire village continues to use it ignoring the signs they’ll back off.

'Tales of the coronavirus' have certainly confirmed for me that I will never, ever leave London.

@Redkatagain thanks Red, please do continue to post. I do get that the whole area has to be inspected, not just the play equipment.

I have thought about someone taking a spill over a previously unseen mole hill, for example. Bypassing the signs wouldn't absolve the PC of blame. If the family sued the PC for negligence, even if the child knew well PC had closed it but chose to access the area to cycle anyway, then the PC would like be found liable.

The child's reckless actions in ignoring the closed signs - if old enough to know the place was closed and process what that meant and what risk they were taking - would be used in mitigation when it came to the damages award. But ultimately the PC can't win unless they do absolutely everything to stop people getting in. An A4 piece of paper saying "closed" whilst the gate stays open, wouldn't be good enough (in my humbles).

sorry, is it unlocked now? Bit confused. Just use it. You know the law so you’ll be able to win an argument.

We have had issues on our green spaces with a very small minority of reckless dog owners. Could this be the issue?
If you don't like what your PC is doing, get elected. I did!

“ If you don't like what your PC is doing, get elected. I did!”

This argument is such a bag of shite. “Don’t like bullies? BE ONE”.

Or become a Parish Councillor that isn't a bully...

Do the parish council actually have the power to do this though?

Yes they do , if it is their land. You need to check minutes of the recent meetings. I expect it being open was abused for gatherings. There have been similar locally recently. It is also possible the safety inspections, bin collections and maintenance are contracted and those people cannot do so for now.