On 10 September 2024, a meeting was held between Welford on Avon Parish Council, Warwickshire County Council and Welford on Avon Primary School leaders. Legal representatives were present.

The purpose was to discuss the long-term use of the playing field on Headland Road.

In summary, 3 actions were agreed:

1. PC to provide a view of former use.
2. WCC legal team to provide a comprehensive response to the PC’s legal position set out in early August.
3. WCC to offer its licence proposal.

The PC has provided its view of how the field had been used over the years. However, the PC still await responses to their legal position and a written licence proposal from WCC.

Following on from the successful summer holiday use of the playing field, the Parish Council have been considering how best to move forward towards an agreement that will allow continued use. Below is clarification of the Parish Council’s position having regard to the legal advice it has received.

Ownership of the Field

The Parish Council has at all times acknowledged that Warwickshire County Council is the registered freehold proprietor of the field. Likewise, it acknowledges that to the extent that the field forms part of school premises, the Welford on Avon Primary School has delegated power to oversee and manage the field. However, the Parish Council does not agree or accept that those powers extend to “all users, at all times, day and night”. Equally, they do not agree that there is no right for members of the general public to use the field.

The Parish Council and its advisers have extensively investigated the history of the field. There was a very clear intention for the field to have combined use; as a playing field for the school, and out of school hours and during the school holidays, for the children of Welford on Avon. The Parish Council, in conjunction with the Children’s Playing Field Trust had been in negotiations with the Bidstone Trust in the late 1950’s to purchase the field for the provision of a small playing field for the village. However, they stepped aside and allowed WCC to purchase the same.

A Heads of Terms for a licence was circulated by WCC to the Parish Council in 1962, but no licence ever appears to have been formally completed. Despite this, WCC and the Parish Council have for the past 60 years acted as if a licence was granted. In reliance on this, and the sharing arrangement which WCC agreed to, the Parish Council purchased and thereafter maintained play equipment on the field. The Parish Council has been advised that this in itself would give rise in law to a licence to use/manage the Field with the only real debate being what the precise terms of that licence were. The existence of a licence is something which appears to have been acknowledged by WCC in our recent exchanges.

On the basis that a licence does exist, and having taken legal advice, it is the Parish Council’s position that the licence is not one which can be brought to an end by WCC in circumstances where the Parish Council gave up the option to purchase the field because of reassurances given by WCC. Not only that, they also spent thousands of pounds on installing and maintaining play equipment, as well as insurance for the field, including third party use of the same. Even if no licence exists, the fact that the Parish Council gave up its intended purchase of the field to enable WCC to buy on the strict basis that the sharing arrangement agreed would be implemented and maintained, gives the Parish Council the ability to argue that it acquired an interest in the field when it was purchased by WCC.

Safeguarding & Agreement for Summer 2024

The Parish Council has adopted a safeguarding policy. Parish Councillors have also undertaken safeguarding training. The field remains the safest and most appropriate place in the village for the public to congregate, socialise and play.

The Parish Council do not believe that there is any valid reason why changes to safeguarding have to, or indeed should, impact the sharing arrangement which has been in place for the past 60 years, particularly when it comes to the use of the field outside school hours and during school holidays. The Parish Council has historically managed and maintained the field, and provided third party public liability insurance in relation to the use of the field.

Without a formal arrangement in place, WCC claim they would find themselves liable for any incidents that occur on the field. It is the Parish Council’s position that as a licence already exists (going as far back as 1962), there was no need for a further licence to be entered into during the school summer holiday period. It is for that reason that the Parish Council declined to sign the draft licence which was presented by WCC and the school on the afternoon before the school was due to break up. The Parish Council nevertheless offered to clarify those duties and obligations by way of a side letter if this was deemed necessary. That offer was declined by WCC and has suggested that despite the Parish Council “taking on” the task of locking the gate to the field during the summer holiday period, that liability for any incidents would still have remained with the WCC. Based on the advice the Parish Council has received, that is not correct.

From the above, it is the Parish Council’s position that outside school hours and during school holidays, the sharing arrangement which was put in place in the 1960’s provides that the field should be available for use by the children of Welford on Avon. Further, the school does not have any entitlement to prohibit access to the field during those times. It is the Parish Council’s belief that the licence already in place should provide the school and WCC with sufficient comfort that they will not be liable for any incidents which occur while the Parish Council is in control of the field.

Moving Forward

The Parish Council is very conscious that this dispute is causing an unwelcome rift in the community. They continue to work hard to try and find a solution which will provide the school with the apparent comfort it requires, while at the same time ensuring that a valuable area of green space is not lost for the current and future generations. The Parish Council wait to receive written terms of a new agreement and a detailed response to an earlier letter sent setting out the Parish Council’s legal position, following a meeting between WCC, the school and the Parish Council on 10th September 2024.

Over the summer holiday, the public made the best of access to the playing field on Headland Road. It was lovely to see the public play equipment being used and to see families and friends socialising and playing together in safety.

Following its meeting on 3rd September 2024, the Parish Council agreed to publish the following.

• The PC had been advised that it would receive a proposal for ongoing use of the field on 2nd September. This is awaited.
• From 3rd September, a padlock has been placed on the field gate and there is currently no access to the field.
• Warwickshire County Council have requested that members of the community refrain from making negative comments towards the school and or headteacher.

Further to the meeting last Thursday, 18 July 2024 between Welford on Avon Parish Council, the school and Warwickshire County Council there have been a number of developments with regards access to the playing field.

A joint statement was issued by all three parties. Field access has been managed by the Parish Council since Monday, 22 July 2024. However, through all of this, a summer licence has remained in draft form.

In parallel with this, the PC have now received legal advice to include Counsel’s opinion, that signing the licence is not in our, or our community’s long term interest. The PC have been advised not to adopt the temporary summer licence. How this plays out in the coming days will depend on the conversation between all parties.

Continue to enjoy the field as you have been. It has been lovely to see children and families making the best of the start to the summer.

The Parish Council are very pleased that the playing field on Headland Road opened at 09:00 on Monday 22 July 2024 for the summer holiday. It will be open daily from 09:00 – 19:00 until 19:00 on Tuesday 27 August 2024.

The permitted use is as a play area and recreation ground for children aged under twelve. Some restrictions apply:

• No dogs
• No glass
• No barbeques
• No fires
• No alcohol
• No bikes

Some further rules apply:

• Have fun
• Make friends
• Play games
• BYOBB (Bring your own bat and ball)
• Laugh together
• Support one another

Please, leave it as you find it.

Dear Village Members

Update re: Welford on Avon Playing Field

During a productive and respectful meeting on the 18th of July 2024, the Warwickshire County Council, Welford on Avon Primary School and Welford on Avon Parish Council, agreed a way for public use of the playing field over the summer holidays.

The field is owned by Warwickshire County Council and forms part of school premises, who have full devolved authority and control on how it is used.

To facilitate public access to the field for the period from 9am on Monday 22nd July 2024 to 7pm on Tuesday 27 August 2024, the Parish Council have agreed to the following for this period:

• Appropriate indemnity insurance to ensure the school is not liable for any issue that occurs during public use.
• Opening and closing times of the gate will be 9am and 7pm, respectively.
• Appropriate safeguarding policy and training.
• Signage displayed that highlights usage, risks and contacts.
• That the field is intended for use by those under 12.

All parties have worked hard to come to an agreement that suits all relevant legal requirements, safeguarding requirements and above all, to ensure that young people of Welford on Avon can enjoy the playing field over the summer.

All parties agreed to move forward in an atmosphere of mutual respect and continue to see the school and the Parish Council working together at the heart of the community.

Welford on Avon Primary School
Welford on Avon Parish Council
Warwickshire County Council

Print version

The meeting proposed last week between Welford on Avon Primary School and the parish council took place this morning, 09 July 2024 at Warwickshire County Council offices in Shire Hall.

Welford on Avon Parish Council and the primary school agreed a joint statement:

As a result of a meeting on 9th July 2024, the Parish Council of Welford on Avon and the school of Welford on Avon share a commitment to explore all options for the use of the school playing field that works for the school and community within current legislation.

Since posting this morning’s update, a positive development.

Our contact at Warwickshire County Council has been in touch. Welford on Avon primary school have proposed a meeting between three representatives from each of the Parish Council and the school. The meeting to take place early next week (2nd week of July 2024).

There appear at this stage to be no preconditions to the meeting. Other than that, details are scant. The Parish Council regard this as a first step in the right direction and are fully prepared to engage.

Parent post: Playing field closure – July update

Since publication of this post, the situation has changed. Update: Playing field closure – July update – additional

Following close on the heels of the Parish Council’s last update on 17 June 2024, a letter was received by our solicitor from Warwickshire County Council’s legal department. The letter reflected many of the points made to the Parish Council previously in communications from school governors and specify three main pre-conditions before a meeting can take place.

The PC has responded with two letters of our own. The first was written by our Chair, to the Head of Property Services at WCC, who is our first point of contact at WCC for discussing this topic. The second letter was from our solicitor to the Head of Legal Services at WCC.

The Parish Council response to each of the preconditions is:

1. Cessation of Negative Comments
   Negative comments are to be expected if children are not able to play in a safe space. Comments come from our community. They need no encouragement or amplification by the Parish Council. Indeed, the PC recognise individual’s right to protest and encourage those who wish to protest to do so in a respectful manner. Negative comments will stop if school governors relent and the public gate to the field is opened.
2. Acknowledgement of the legal position
   In short, the Parish Council have been asked to accept that a licence exists. In its absence we do not feel able to do this. The school have categorically stated to the Parish Council that a licence does not exist. We certainly don’t have a copy of it, nor does it seem WCC have a copy, so we are unable to confirm a licence exists.
3. Commitment to Positive Engagement
   The Parish Council are fully supportive of positive engagement and are pleased that the school has offered to commit to meet in the same spirit.

Subsequently, the Parish Council has received a response from our contact at WCC. We have been invited as a first step to meet with WCC’s Property Services and Education Services departments. This is progress. Education Services have been investigating the situation on behalf of WCC and the Parish Council are keen for feedback. The Parish Council are pursuing this as quickly as possible.

We await a response from WCC’s legal representative.

From the pen of Simon Carter, Chair of Welford on Avon Parish Council

I moved into this lovely village nearly 30 years ago and one of my children went to Welford Primary School. We’ve enjoyed everything about this village for years and when the children were younger the park on Headland Road was a regular destination.

I’ve been on the Parish Council for many years now and when l was asked “why do you want to be a Parish Councillor?” My answer came immediately and without thinking, that it was my opportunity to help the community. The village, its residents and, most important to me, to ensure that all in our community will reflect on their time in Welford on Avon with fond memories.

I admit now I wasn’t thinking back to my own time as a child meeting my friends at the local park for a chat, play football or just to ‘hang’ out somewhere together. Reflecting now that’s exactly what I was remembering but with my children. And it is those very memories that we are about to lose. Those memories that one day they might reflect on and encourage our children and grandchildren to return here with their children to relive those memories. My two children are doing exactly that and moving back into the village.

My focus and that of all your Parish Councillors has always been to make our village the best it can be. For it to be a safe and enjoyable place to live. Listening to your concerns and aspirations is our primary role as a Parish Councillors. We’re all volunteers and have a part time clerk, so can be quite frustrating when trying to persuade statutory authorities to do something! But let me assure you that our focus has and always will be – Our village, Our community, Our school and Our playing field.

As a parent and grandparent myself, it is so sad to read the experiences of so many villagers, parents and grandparents, are like mine at the moment – explaining to our children / grandchildren why on a warm summer’s day that they can’t go and play on the village playing field.

Why it’s locked to all children and not just them. Why, despite the play equipment that they see through the fencing cannot be used – it’s not wet but the gate is locked by the school. The very school, in some cases, they attend. How confusing it must be for them?

As adults the logic behind the decision to shut the playing field is nonsensical. The school won’t clearly say what needs to be done to open the playing field and have said the matter is closed, refusing to communicate with us.

We only instructed solicitors because we needed legal advice and don’t have any expertise on the Council, not because we wanted to litigate against the school.

Their decision lacks empathy and compassion for villagers and thoughtlessly dismisses the social, emotional and physical needs of the very children they teach.

Our beautiful village and its residents are quite rightly angry. At present we are trying to get a meeting to discuss the park with the School and WCC. We just want common sense to prevail.. no more letters back and forth.. let’s just meet and work it out!!