Policies

Cherry Willingham Parish Council 

The Millennium Hall, 16 High Street, Cherry Willingham, Lincoln LN3 4AQ Email:cwparishcouncil@gmail.com Tel:01522753398 

Playground Risk Management Policy . June 2023

1. Introduction
   This policy has been prepared to formally recognise the maintenance and inspection regime of Cherry Willingham Parish Council in respect of their playground facilities and the assets within these facilities. The policy will outline the legal responsibilities of the Council and how they will meet these responsibilities through a system of inspection, assessing risk and responses to faults and risks.
   The parish council maintains playgrounds at St Pauls and Laburnum Drive.
   Playgrounds by their very nature should provide a degree of risk and challenges to the users. The policy will therefore summarise the Council’s objectives in providing challenging play while identifying an acceptable degree of risk.

2. Legal Requirements
   There is no specific legislation on play safety. However, the key legislation is:

• Health & Safety at Work Act 1974

• Management of Health and Safety at Work Act 1992

• Occupiers Liability Act 1957 and 1984

• Health and Safety at Work Regulations 1999
  The Council have a duty to take actions to ensure the safety of people at work and members of the public who may be affected by the facilities provided by the Council. It is governed by the test of “reasonable practicability”. In other words, it is reasonable to correct major hazards; it is unreasonable to spend considerable resources on minor faults where risk is negligible.
   

3. Industry Standards and Guidance
   These standards and Safety Guidelines are not a legal requirement but are considered to be good professional working practice.

• EN1176 – Playground Equipment

• EN1176 is the European Standard which replaced the old British Standards. The standard is not retrospective and provides advice on design layout and the inspection of playground equipment.
  Contained within the guidance are the following key recommendations:
  That if the equipment is not safe, access by the public should be prevented
  The equipment must be inspected and maintained
  An inspection record should be maintained for 21 years.

4. Civil Legislation
   In the event of a claim being brought against the Council on the grounds that harm has occurred to one or more persons due to negligence on the part of the Council, there would have to be evidence that the Council took, or failed to take, some action which made the accident more likely to happen, or worse than would otherwise have been the case. The Council’s defence will be based on the Council’s Play Risk Management evidence such as records of inspections and maintenance, compliance with the Standards and relevant risk assessments.
    

5. Balancing Risks and Benefits
   
   The Council’s Risk Management Approach will aim to offer play spaces that are stimulating     and challenging environments enabling children to explore and develop their abilities. In providing these environments the Council will manage the level of risk so that children are not exposed to unacceptable risks and hazards.
   Monthly playground inspections are carried out by EKM Ltd and yearly inspection of the two playgrounds and Cherry Fields is carried out by The Play Inspection Company.
   These include the identification of obvious hazards resulting from use, weather and vandalism, noting broken parts, litter (especially dangerous litter such as bottles), graffiti, or any signs of equipment misuse.
   The Council, through the Leisure & Amenities Committee, will undertake to: 

• Ensure all types of inspections are taking place

• Reports are filed and identified actions are undertaken in an appropriate time frame

• Approve spending on remedial actions

• Delegate authority to the Clerk to undertake actions to resolve urgent/and or high-risk issues where such action is required before the next meeting.
  
  The Clerk and Assistant Clerk will: 

• Review the monthly inspection checklist completed by the independent contractor

• File all inspection records

• Ensure monthly inspection checklists and annual playground inspections are retained for 21 years.

• Engage a registered playground maintenance company to perform all (other than minor) maintenance repair works.

• Instigate action to resolve urgent and/or high-risk issues identified in inspections where such action is required before the next council meeting.

• Report any issues and actions to the Committee for recommendations to Council. 

1. Accidents, Enquiries and Claims
   
   The Council will record all accidents and enquires relating to the play areas and the facilities within them. The details of the enquiry, complaint or accident will be recorded within the same system used for issuing and recording inspections. Recording incidents in this manner will enable the Council to demonstrate a clear chain of information from the inspection, the associated risk, details of works and repairs carried out and any information related to an accident or enquiry. This information will be used to enable the Council to defend itself against negligence claims and also be an effective management tool for future improvements.
   
   
   
   
   
   
   
   Signed: _______________________________ Date: ___________________ (Print Name) _____________________________ Clerk Cherry Willingham Parish Council