Practical Law Public Sector addresses the questions that schools may ask local authorities regarding day-to-day school management and sets out the legal issues to consider when responding:
In this edition, we consider what steps can be taken to deal with unwanted third parties accessing school land. For details of all our school hotline queries, please see Practice note, Schools hotline FAQs.
Q: At weekends local residents are frequently seen walking their dogs or playing football on the school field. What can the school do to prevent this?
A: The school premises are private property and unless these people are parents of pupils at your school and it is during school hours they have no permission to enter. If the trespassers are identifiable, the Local Education Authority (LA) can write to them asking them to keep away from the school field. If the activity continues, the LA could consider bringing a civil action for trespass and ultimately the LA may take legal action under section 547 of the Education Act 1996.
In the meantime, the school should ensure that its premises are secure at the end of the school day and at weekends to prevent such trespass. Any steps it takes to secure its premises should comply with planning rules. The school should also ensure that it displays visible signs stating that the site is private property and that trespassers enter the site at their own risk.