THE OXFORDSHIRE PLAYING FIELDS ASSOCIATION PLAYGROUND NOTICES

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1 IS112 APRIL 2009 THE OXFORDSHIRE PLAYING FIELDS ASSOCIATION PLAYGROUND NOTICES A great many playground managers fail to use public notices to either inform, advise, warn or even promote good practice amongst their visitors. Whether this is through lack of money, repeated vandalism, ignorance of what to say, (or what not to say), is unclear, but one or two notices in and around a playground can be very effective in maintaining a safe and legal play area. Playground managers have a duty of care both to lawful users and to trespassers on site, taking into account current developments and good practice rather than relying on what has been considered acceptable in the past. Just because your playground has not had a major accident does not mean there will not be an accident waiting to happen tomorrow. Playground managers should be clear about their legal responsibilities for the safety of those using their playground. Both criminal and civil aspects of the law are relevant and this information sheet is issued as guidance rather than an authoritative interpretation of the law at the end of the day that is exclusively a matter for the Courts. Ignorance of the law can never be used as a defence and playground managers should be aware of their legal and moral duties and responsibilities. (See OPFA Information Sheet IS101 Playground Legislation, Standards & Guidelines.) Greater care must be taken where children are concerned, as they do not have the same experience, physical development or predictive abilities as adults and they can become so absorbed in what they are doing that they no longer heed potential hazards. A warning sufficient for an adult could be insufficient for a child. Notices should not be used to attempt to evade responsibilities towards users but they can provide an important source of safety information or warning of hazards. Notices may be taken into account when deciding liability. In making use of them, it must be remembered that some children using the facilities may not be able to read. It is no good putting up a notice on a playground saying KEEP OUT DANGER and expecting children, in particular, to obey. Other measures must be taken to ensure, as far as is reasonably practicable, that children are kept out by using adequate fences and similar means. The main purpose of a notice is to inform. If the design of a notice is kept simple, using clear, uncluttered typefaces (ie the writing) and using wherever possible supporting pictographs (drawings, diagrams, cartoons etc) the message should be understood by all. Complicated rules, lengthy regulations and copies of bye-laws should be displayed publicly, if required, in a more convenient manner, for example on a notice-board on a village hall, sports pavilion or by the entrance to a recreation area. This information sheet is more concerned with notices informing or warning, such as the following examples: WELCOME TO OUR PLAY AREA FOR CHILDREN AGED SIX AND UNDER NO DOGS ALLOWED BY ORDER NO BALL GAMES TO BE PLAYED INSIDE THE FENCED PLAY AREA BY ORDER OF THE COUNCIL 1

2 ALL PERSONS USING THIS PLAYGROUND DO SO AT THEIR OWN RISK NO LIABILITY FOR ACCIDENTS OR DAMAGE WILL BE ACCEPTED BY THE PLAYGROUND COMMITTEE THIS PLAYGROUND IS ONLY FOR CHILDREN AGED SIX AND YOUNGER BY ORDER OF THE PARISH COUNCIL CHILDREN MUST BE SUPERVISED BY AN ADULT AT ALL TIMES IN THE PLAY AREA NO DOGS ALLOWED IN THE PLAYING FIELD PLEASE TAKE YOUR LITTER HOME WITH YOU BY ORDER OF THE PARISH COUNCIL IF YOU SEE ANY DAMAGE OR ARE CONCERNED ABOUT ANY ASPECT OF SAFETY IN THIS PLAYGROUND PLEASE CONTACT A MEMBER OF THE PARISH COUNCIL STRAIGHTAWAY KEEP OUT - WET PAINT a b c d e f g Under the Unfair Contract Terms Act 1977, playground managers cannot avoid liability for death or personal injury by introducing contractual terms or by displaying prominent disclaimer notices. The Occupiers Liability Act 1984 extends the duty of care to cover trespassers and, although there are sections within this Act whereby, in certain circumstances, an occupier could discharge their duty of care, these provisions do not have an effect concerning children. By all means use the first part of the message in (a) it may just remind parents of their responsibility for their offspring but the second part relating to liability is not correct. There is no problem in promoting an age range (b) for a play area. There may be a problem in enforcing such regulations but common sense should be exercised rather than by order. Likewise enforcing notice (c) may be difficult but if the play area is for toddlers aged three or under it is recommended that they should be supervised. In the event of an accident, this notice would be helpful to the Courts to demonstrate the playground manager s level of care and responsibility. A total ban on dogs (d) may be counter-productive. It may alienate dog lovers whereas a segregated area for dogs, or for dogs to be walked on the perimeter of the field, away from the main playing areas, would be a better compromise. By all means keep dogs out of children s play areas using dog-proof fences and selfclosing gates. (See OPFA Information sheet IS303 A Problem with Dogs for more information.) Take your litter home (e) is acceptable. Better still would be a sufficient number of litterbins by the play area that are emptied on a regular basis and are kept in good condition. Good idea and very useful if damage is reported straightaway (f), but to whom? If you do not know a parish councillor, whom do you contact? It is much better to have a named individual and a telephone number or an address. Wet paint signs (g) attract adults let alone children, so this sign must be accompanied by fencing or barriers to actually keep children out. 2

3 The following information should appear on a children s playground notice board: - the age range the playground is suitable for - who the playground belongs to - where to report faults - where the nearest public telephone is - where to report accidents. The sign should be welcoming and where relevant use pictures or symbols. No Dogs notices should be placed prominently at the entrance to the playground. WELCOME TO LITTLE DIBLEY CHILDREN S PLAY AREA The Parish Council inspect the play area every week but if you spot a fault or any damage please contact the Parish Council Chairman David Horton on Little Dibley The nearest telephone is outside the post office by the church. In the event of an accident the nearest hospital is at Great Dibley. Please use the litterbins NO DOGS ALLOWED IN THE PLAY AREA Little Dibley Parish Council has got it just about right with this sign providing the vandals have not defaced or pulled it down! BE A RESPONSIBLE DOG OWNER CLEAR UP AFTER YOUR DOG! NOTICE TO DOG WALKERS There is plenty of room in this park for you to walk your dog and you are welcome to do so. However, the central area is reserved for play and sport. Please help us to keep it clean by staying outside the central area. Please clean up after your dog using the poop-scoop bins provided. Thank you. Both of these dog notices make the point in a clear non-threatening manner that should not upset any dog owner except of course for the small-minded ones who seem not to care about anyone else and allow their dogs to foul the local neighbourhood. Most villages have one or two of these dog owners and the best course of action my be under the Dogs (Fouling of the Land) Act 1996 whereby the owner can be fined up to 2,000 for not clearing up after his or her dog has performed. DANGER -KEEP OFF THE SLIDE WHILST REPAIRS ARE BEING CARRIED OUT THESE SWINGS ARE TEMPORARILY OUT OF ACTION. USE THEM AT YOUR OWN RISK These two notices, warning of danger and of using play equipment at your own risk would not be accepted in a court of law as playground managers cannot avoid liability for death or personal injury by simply introducing a warning notice. If the slide and swings were made inaccessible to children whilst under repair the notices would be acceptable as evidence of reasonable practice by the playground management. 3

4 Perhaps the biggest headache facing playground managers with regard to notices and signs in the playing field and play area is the problem of Vandalism. No sooner has a sign gone up than it is defaced or pulled down. Signboards can be expensive. Metal noticeboards seem just as vulnerable as wooden ones, but it is possible that notices suggesting local community involvement with the play area or playing field last a lot longer than straightforward information signs stating what can or cannot be done, when and where, etc. The following sign is an example of this: WELCOME TO DIBLEY PARK This park was provided with a grant contribution from Dibley District Council on behalf of the people of the Dibley District, Dibley Parish Council and the community of Dibley. PLEASE LOOK AFTER YOUR PARK NO DOGS, MOTORBIKES, CARS, GOLF, HORSES ALLOWED IN THE PARK PLEASE DISPOSE OF LITTER CAREFULLY OFFENDERS WILL BE PROSECUTED Clerk to Dibley Parish Council 1997 There are a great many sign and sign writing companies listed in Yellow Pages offering a variety of finished notices. Hand painted on wood. Die-case metal signs and vinyl graphic sign boards are relatively cheap and fairly easy to make. Most of these companies have thousands of graphics or illustrations which can be used to add extra meaning to a notice. With the advent of the personal computer many people have access to a range of graphics and typefaces that allow signs and notices to be designed and produced in the home. If such signs are laminated on both sides (High Street print shops can do this) they are relatively weatherproof and can be displayed prominently around a playground. Such notices can be produced in quantity and be replaced at frequent intervals around the playground. They are extremely cheap to produce and may be worth considering. The Oxfordshire Playing Fields Association is pleased to acknowledge the invaluable assistance provided by RoSPA in the origination of material for this Information sheet. Whilst every care has been taken in the production of this Information Sheet the OPFA cannot be held responsible for any inaccuracies that might occur, or be held liable for any advice given. ORCC-9 OPFA Roadshow Info Sheets IS112 Playground Notices April 2009 Oxfordshire Playing Fields Association, Jericho Farm, Worton, Witney, Oxon OX29 4SZ Telephone: Fax opfa@ruralnet.org.uk 4

5 OXFORD CITY COUNCIL PLAY AREA SIGNAGE The sign shown above was achieved following consultation with local residents to the parks and play areas of Oxford City. It is very brightly coloured and produced on an A3 sized metal sheet and fixed to every entrance gate to a play area using the appropriate length of bolts so as not to cause a hazard with protruding bolts on the gate. The background is dark blue with an attractive rainbow motif (depicting colour and play) and three pictographs indicating No Dogs, No Cycling and Put litter in the bin however there is some debate about the messages actually being conveyed. For example, are dogs with only back legs banned in the top pictograph and where is the litter being dropped in the bin or is it a basketball goal that has fallen down? Pictographs should be used sparingly and carefully to ensure their message is clear to everyone. The use of so many bright colours also deters the tag graffiti artists because their artwork does not stand out against such strong vibrant colours. It is refreshing to see the words Welcome and to note the friendly informative tone of the notice-board rather than the customary authoritarian By Order instructions seen on 5

6 public notices. It is re-assuring to read the words Oxford City Council regularly inspects this play area followed by reference to a free telephone service for the public to make any comments about the play area. This is a more effective and positive way of asking the public to report any damage or vandalism and it is interesting to note the public actually do telephone and say Thank you especially after time enjoyably spent in one of Oxford s lovely parks or in one of the many children s play areas. The reference to people using the play area showing consideration to others and a further reminder to dog owners are friendly and to the point without being rude, terse or dictatorial. The City Council s crest is shown in yellow on the dark blue background which in turn relates the colours worn by the City s senior football club, Oxford United. The number of damaged playground signs is minimal and many people have commented on the friendliness of the words and colourful nature of the signs. They have been in place for just under four years and only a few have had to be replaced. Can you say the same about your playground signs? The Oxford City Council sign was produced by Falcon Signs of Wantage in Oxfordshire For more information go to Tel