Boundary fence dispute with school

Brighton15

We moved into our house four years ago. There is an old concrete fence running along the side of a school playing field and our property. In a recent storm a section collapsed and I have been writing to the school asking them to repair it. They are dragging their heels massively saying they are trying to find out who is responsible for the boundary. So far this has been running for 4 months. The title plans are no help
Does anyone know if local authority school boundaries are usually their responsibility?
Or does anyone have any experience of this kind of situation?
I would have thought the school had a responsibility to ensure the safety of the children etc.

Newly_retired

Is it a local authority school? If so, you could try contacting the local authority. Or maybe email the Chairman of Governors? 

user1977

Brighton15 said:

I would have thought the school had a responsibility to ensure the safety of the children etc.

In what sense? Is the damaged fence currently in a dangerous condition?

There's no general requirement on property owners to maintain their own fences.

eddddy

Brighton15 said:

I would have thought the school had a responsibility to ensure the safety of the children etc.

As I understand it...

Schools have a duty to keep their boundaries secure - to stop pupils from leaving/truanting, and to keep out trespassers.

I think there's Government guidance for schools about perimeter security, but no mandatory rules or laws. The schools are supposed to make risk assessments, etc.

Brighton15 said:

Does anyone know if local authority school boundaries are usually their responsibility?

It's possible that there's some complexity. For example, the school might not own the playing field, the council might own it.

So there's an argument about whether the cost of repairing/replacing the fence comes out of the school's money, or the council's money.

And/or the school might not have enough money in it's 'kitty' to do the work at the moment.


FWIW, here's a snippet from some Department of Education guidance for School's and Colleges, which looks like it might (or might not) be relevant:



Link: https://www.gov.uk/government/publications/school-and-college-security/site-security-guidance

sheramber

Who owns the school property?

is it a state school or a private school?

eddddy

sheramber said:

is it a state school or a private school?

OP says it's a Local Authority school...

Brighton15 said:

Does anyone know if local authority school boundaries are usually their responsibility?

jonnydeppiwish!

Why don’t you just replace it yourself?

ThisIsWeird

Brighton15 said:

We moved into our house four years ago. There is an old concrete fence running along the side of a school playing field and our property. In a recent storm a section collapsed and I have been writing to the school asking them to repair it. They are dragging their heels massively saying they are trying to find out who is responsible for the boundary. So far this has been running for 4 months. The title plans are no help
Does anyone know if local authority school boundaries are usually their responsibility?
Or does anyone have any experience of this kind of situation?
I would have thought the school had a responsibility to ensure the safety of the children etc.

Yes, the school has a responsibility to keep their boundaries secure. If a pupil escapes via a gap in the fence, when the school knew about it, then they'd be in deep poo.
So, yes, the school needs to keep their premises secure.
However, that doesn't mean that this concrete fence is theirs. If it is - if it's on their side of the known or acknowledged boundary between you - then, yes, they'll need to sort it. But if it's yours - and it could be - then they may prefer instead to erect their own fence on their side of this fallen one, say a taller mesh fence for longevity and greater security.
So, do you know on whose land it sits?
They have replied to explain the issue, and these things can take silly amounts of time. But then, you presumably don't know whose fence it is either? Are there any 'fixed' points that show up in your deeds map to indicate where the boundary lies?
If it's a State school, then the LA will likely have to make extra funds available for the work.

sheramber

If it is LA then it is the LA who will be checking who is responsible, not the school.

Brighton15

user1977 said:

Brighton15 said:

I would have thought the school had a responsibility to ensure the safety of the children etc.

In what sense? Is the damaged fence currently in a dangerous condition?

There's no general requirement on property owners to maintain their own fences.

Yes its dangerous. Its a concrete style fence and the iron has rusted and blown the concrete. It is in danger of falling down and there is a path running alongside which the children use to access a gate to leave. It has been surveyed by the local authority who agreed that it is in danger of collapse

ThisIsWeird

Brighton15 said:

user1977 said:

Brighton15 said:

I would have thought the school had a responsibility to ensure the safety of the children etc.

In what sense? Is the damaged fence currently in a dangerous condition?

There's no general requirement on property owners to maintain their own fences.

Yes its dangerous. Its a concrete style fence and the iron has rusted and blown the concrete. It is in danger of falling down and there is a path running alongside which the children use to access a gate to leave. It has been surveyed by the local authority who agreed that it is in danger of collapse

As Sheramber says, the LA is the one to press on this. Photos, your concerns about safety - all in writing. Contact your local councillor too.

You are certain that this is their fence, and not yours? 

Could you describe - ideally with pics or a deeds map - where this fence lies in relation to the path and your property? Because if this turns out to be your fence, you will have been firing shots into your own foot.