Inspections for playing field disposals: “spot checks” to monitor academy trust land sales
22 July 2024
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. They also form part of an academy trust’s estates, which it will have to maintain, and which it may consider selling to release much needed capital. Suitable outdoor space must be provided in schools for two main purposes:
1. Physical education (PE)
Schools must have outdoor areas that allow for PE activities in line with the school curriculum. These spaces should accommodate various physical exercises and sports.
2. Recreational play
Pupils should have access to outdoor play areas. These spaces promote social interaction, physical activity, and well-being.
However, when it comes to disposing of or changing the use of playing field land and maintaining playing fields, there are specific guidelines and considerations that educational institutions, local authorities and other relevant bodies must follow. In this article, we explore the importance of inspections, legal requirements and best practice related to maintenance of playing fields and their possible disposal.
Legal framework relating to change of use or disposal of school playing fields
Before any action is taken to change or dispose of school playing field land, the first step is to check who the legal owner of the land is. If the school is a maintained school, the land is likely to be owned by the local authority who maintains the school. Where the school is, or is part of, an academy trust, the land may still be owned by the local authority. That is because a common arrangement when a maintained school is converted or transferred to an academy trust, is for the school’s estate, including playing fields, to be leased to the academy trust under a long lease by the local authority. The freehold therefore remains with the local authority.
Local authorities seeking to dispose of playing field land must obtain consent from the Department for Education 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.
In addition to Section 77, where the school is, or is part of, an academy trust, Schedule 1 to the Academies Act 2010 (inserted by Schedule 14 to the Education Act 2011) also requires consent from the Department for Education for disposing of or changing the use of land used by academy trusts. This ensures that even academy trusts adhere to the same standards when dealing with playing fields.
The School Playing Fields General Disposal and Change of Use Class Consent (No 7) 2023 can then grant permission as a class consent, for the disposal or change of use of playing fields under specific conditions. The conditions and information needed to be satisfied includes details about the location, area, total site area, and pupil count.
The legislative framework therefore means that before any deal to sell playing fields can proceed, the Secretary of State for Education must grant approval. Typically, their consent is also 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 agreed. Additionally, the Department for Education mandates that academy 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, Department for Education 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 estate.
Legal framework concerning the maintenance of school playing fields
Regular inspections of playing fields are a critical part of the legal framework that applies to a school’s estate, for several reasons.
- 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. In addition, a field inspection procedure could support any application for consent to a disposal, where the report demonstrated that a playing field is not suitable and could be repurposed and replaced by a disposal.
- Compliance with regulations
The rules governing playing fields can vary depending on the sport or activity but within an educational setting schools maintained by local authorities in England must abide by the School Premises (England) Regulations 2012 (the “2012 Regs”) which set out standards and requirements related to various aspects of school premises.
Key areas covered include health, safety, and welfare thereby ensuring a safe and healthy environment for students and staff. This should include ensuring that all equipment is regularly maintained and inspected, any broken or hazardous equipment is removed. Boundaries are clearly marked out, visible and well-maintained. Fields should also have clear access points for emergency vehicles.
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.
- 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.
4. Best practices for inspections
4a. Frequency
Inspections should occur regularly, ideally before each sports season and after adverse weather conditions. High-traffic areas may require more frequent checks.
4b. Comprehensive assessment
Inspectors should assess various aspects, including turf quality, goalposts, fencing, irrigation systems, and safety features. Document findings and prioritise necessary actions.
4c. Involvement of experts
Consider involving experts, such as groundskeepers or sports field consultants, for detailed assessments. Their expertise ensures thorough evaluations.
These guidelines are general best practices and recommendations, rather than specific legislation. However, the school administrators, sports clubs, or local authorities have a legal duty to provide a safe environment or “Duty of Care”. Negligence in maintaining safety standards can lead to liability. Therefore, regularly assessing risks associated with the field, including hazards like uneven surfaces, equipment, and weather conditions, taking corrective actions, clearly display warning signs for potential risks and informing users of any specific rules or restrictions, can help mitigate that liability.
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.
The regime for disposals can be used to improve the provision available by freeing up capital on unused or unsuitable playing field land, but this land should never be disposed of without ensuring that you have the evidence to show why it is no longer suitable and a clear plan to ensure that the provision of outdoor space is enhanced.
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.
Sectors
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at July 2024.