Agenda item

To consider a report of the Head of Scrutiny and Member Development regarding the Board’s Inquiry into the decision to erect a fence at Wharfemeadows Park, Otley and the general water safety policy of the Council.

The Head of Scrutiny and Member Development submitted a report regarding the Board’s inquiry into the decision to erect a fence at Wharfemeadows Park, Otley and the Council’s general water safety policy.  Appended to the report were two reports prepared by the Royal Society for the Prevention of Accidents (ROSPA) and terms of reference for the inquiry.

The Chair welcomed the following to the meeting:

• Peter Cornall, Head of Water and Leisure Safety, ROSPA
• Chris Ingham, HR Manager (Safety, Well-being and Attendance)
• Sean Flesher, Principal Area Manager (West), Parks & Countryside

Peter Cornall addressed the meeting.  He reported that ROSPA had been working closely with the Council following the tragic drowning incidents in Roundhay Park in 2005.  The work had involved risk assessment, training and site management of water sites.  ROSPA had been requested to look at sites at Wharfemeadows Park and Roundhay Park and site audits were subsequently undertaken.

In response to a question of why the Roundhay and Wharfemeadows sites had been selected, it was reported that these had been chosen by an Officer working group which consisted of representatives from Health and Safety, Legal, Insurance, Education Leeds and others.  ROSPA were then commissioned to carry out site audits as they were considered the most appropriate body to do this.

Further to questions of why Wharfemeadows Park was chosen, it was reported that amongst the reasons was the proximity of the children’s play area and the footpath that ran alongside the river which was used as a school route and route across Otley.  The weir was also considered to be extremely dangerous and it was not always the case to recommend fencing.

Further issues discussed in relation to Member’s questions included the following:

• The main role of ROSPA was to prevent accidents, injury and death.
• The report was based on dangers at the site.
• The fencing was designed to prevent deliberate and accidental access to the water.
• The fencing at Titty Bottle Park would be gated.
• The cost of the fencing was £27,000.

The Chair welcomed Tony Hartigan and Sylvia Reid of the Wharfemeadows Action Group who addressed the Board with the following concerns:

• The decision to erect the fencing at Wharfemeadows Park was taken before the final report provided by ROSPA.  
• ROSPA was a charitable organisation and not a statutory decision making body.
• The report stemmed from the tragic incidents at Roundhay Park for which the coroner’s report only suggested the provision of signage and lifesaving equipment.
• It was felt that the Executive Board was incorrectly influenced and made a flawed decision in February 2007 as the final report was not produced until April 2007.
•  The final ROSPA report referred to cycle ways in Wharfemeadows park where it was clearly signposted that the pathways were ‘no cycling’.

Further comments were made regarding the poor condition of the recently erected fence.  It was reported that work on site was not finished and trhere was still snagging work to be done which would rectify this.

The Chair reported that the Inquiry was coming to a conclusion and that  a draft report would be prepared for the Executive Board.  It was hoped that this draft report would be available for the Board’s December meeting.

RESOLVED –

(1)  That the contents of the two ROSPA reports be noted.

(2)  That a draft report on the Inquiry into Wharfemeadows Park and the Council’s Water Safety Policy be prepared.