Inspections for playing field disposals: ensuring safety and compliance

Government officials are contemplating the implementation of “spot checks” to oversee the sale of school playing fields by academy trusts. The purpose of these checks is to enhance monitoring and ensure compliance with conditions set by the Department for Education regarding land disposals. Additionally, officials are exploring the possibility of direct communication with school leaders to verify their adherence to the terms of these sales. 

School playing fields are essential spaces for physical activity, sports, and recreation. They contribute to students’ health, well-being, and overall development. However, when it comes to disposing of or changing the use of playing field land, there are specific guidelines and considerations that educational institutions, local authorities, and other relevant bodies must follow. In this article, we’ll explore the importance of inspections, legal requirements, and best practices related to maintenance of playing fields and their possible disposal. 

1. Legal Framework 

1.1 Section 77 of the School Standards and Framework Act 1998

Local authorities seeking to dispose of playing field land must obtain consent under Section 77 of the School Standards and Framework Act 1998. This section outlines the criteria and procedures for such disposals. It ensures that playing fields are not casually sold off to fund other improvements, emphasising the need to protect these valuable spaces.

1.2 Schedule 1 to the Academies Act 2010

In addition to Section 77, Schedule 1 to the Academies Act 2010 (inserted by Schedule 14 to the Education Act 2011) also requires consent for disposing of or changing the use of land used by academies. This ensures that even academies adhere to the same standards when dealing with playing fields.

1.3 Education Secretary’s role in playing field deals

Before any deal to sell playing fields can proceed, the Education Minister must grant approval. Typically, consent is contingent upon a condition stipulating that the capital received from the sale should be reinvested to enhance sports facilities at the affected school or local primary and secondary schools.

In 2023, a total of 15 deals involving playing fields were struck. Additionally, the Department for Education mandates that trust accounting officers sign and return a letter confirming their commitment to complying with all terms of consent. Failure to do so could constitute a breach of the trust’s funding agreement.

Interestingly, officials do not verify compliance with the terms through any other means. It could well be that the method of monitoring is linked to the general obligation on educational establishments to maintain their estates. 

2. The importance of inspections for estate management 

Regular inspections of playing fields are also crucial for several reasons: 

2.1 Safety and risk mitigation 

Field inspections help reduce injury risk and liability by identifying issues and allowing time to correct potential hazards before players use the field. For instance, the National Football League (NFL) mandates pre-game inspections based on league-mandated criteria. Schools and local authorities could adopt a similar approach to ensure safety and comply with any reporting obligations. If the playing field is not suitable and could be repurposed and replaced by a disposal, a field inspection procedure could support any application for consent to a disposal. 

2.2 Compliance with regulations 

Inspections ensure compliance with regulations related to playing field maintenance, surface quality, drainage, and overall usability. By documenting field conditions, educational institutions can demonstrate their commitment to meeting legal requirements. 

2.3 Preservation of quality 

Playing fields require ongoing care to maintain their quality. Regular inspections help identify maintenance needs, such as reseeding, levelling, or addressing drainage issues. Preserving the quality of playing fields benefits students, athletes, and the community. 

3. Best practices for inspections 

3.1 Frequency 

Inspections should occur regularly, ideally before each sports season and after adverse weather conditions. High-traffic areas may require more frequent checks. 

3.2 Comprehensive assessment 

Inspectors should assess various aspects, including turf quality, goalposts, fencing, irrigation systems, and safety features. Document findings and prioritize necessary actions. 

3.3 Involvement of experts 

Consider involving experts, such as groundskeepers or sports field consultants, for detailed assessments. Their expertise ensures thorough evaluations. 

The Birketts view 

Playing fields are valuable assets that contribute to students’ physical health and well-being. By adhering to legal requirements, conducting regular inspections, and prioritising safety, we can ensure that these spaces remain accessible, safe, and enjoyable for generations to come. 

Remember that while this article provides an overview, specific local regulations and procedures may vary. Always consult relevant authorities and legal documents for precise guidance on playing field maintenance and disposals. If you have any further questions, feel free to ask.