The issue considered by the myth buster panel in case 229 was raised by
a local Councillor. The councillor said that the Council had been closing
an area of the park at dusk, where the toilets and play equipment are located,
because of vandalism. Some councillors have challenged this on Health and
Safety grounds, as the "vandals" may get injured whilst climbing over
the fence and they believe that the council would be liable.
The panel’s decision:
The Councillors are confusing legal requirements under health and safety
law, with a fear of being sued. If a trespasser or vandal is injured while
climbing a fence to gain unauthorised access to this park, this would not be a
breach of health and safety legislation. Health and safety law is about taking
action to control real risks - it is not there to interfere with sensible
measures to prevent vandalism.
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