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Published: 23 July 2010
by JAMIE WELHAM

SCHOOLS could be forced to seek permission to use parks for playtime under new proposals being considered by Westminster Council.

Parks bosses are carrying out a review of open space bye-laws which could lead to restrictions being imposed on schoolchildren who use the borough’s 100 parks during break time and for sport in school hours.

The review was triggered by a row between residents in St John’s Wood and a nearby private school which has been simmering for 10 years and reignited this week over claims its children have “taken over” a local community garden.

An internal council report reveals the council’s parks manager is proposing to amend existing bye-laws so “schools would need to seek the council’s prior permission to use parks for groups of children during the school day”.

With Westminster’s schools at bursting point and playground space in central London a luxury, the development has raised concerns among parents, teachers and politicians.

Referring to an earlier Ombudsman’s investigation into Abercorn Place School – the prep school at the centre of the controversy – the report states: “The Ombudsman’s decision report makes reference to the possibility of promoting a bye-law to enable the City Council to regulate the school’s use of the park.” 

The school has no playground after building an extension on the site in 2001.

The report adds: “It must be open to the council to manage the use which balances the needs of local schools with the needs and aspirations of other users. 

“It is proposed that the forthcoming review of parks bye-laws specifically consider the issue of how to prevent the unregulated use of parks and gardens by users where this is deemed detrimental to others enjoyment of the space.”

While the council has played down the report, insisting its parks are open and it is not looking to ban children, many are not convinced.

London Assembly member Murad Qureshi said: “To go down the bye-law road would be unnecessarily prescriptive and reactionary. It is very difficult in central London to find big enough playgrounds, and parks are crucial.”

In a provocative move, a senior member of staff at Abercorn Place School has challenged the council to bring in a ban adding: “What are they going to do, ban children from the park? I’ve never heard of anything so ridiculous. We would fight any bye-laws or restrictions.”

Schools in Westminster that use public parks for sport and at break-time – and are referred to in the report – include Paddington Recreation Ground, St Georges Square in Pimlico, St Anne’s Garden in Soho, St John’s Wood Church Grounds, Ebury Square in Victoria and Queen’s Park Gardens .

Carl Upsall, former chair of the Marylebone Association said: “Given the keenness to make sure children get proper exercise I would have thought that we should be encouraging them to use open spaces, not prohibiting them. A park is not like a pub, where you have to be 18 to enter. Our parks should be open to all.

Westminster Council have an agreement with staff at Abercorn Place that around 40 children can play in Violet Hill Garden no more than twice a day in one hour windows. The agreement followed a stream of complaints from residents, who say noise and disruption spoils their enjoyment of the park. 

Last year the dispute was the subject of an investigation by the Ombudsman, who recommended promoting a bye-law to be able to regulate use of the park because the current arrangements were “unsatisfactory”. 

Most recently, residents presented a 235 signature petition to the council calling for an ultimatum that would give the school a year to find another playground, because they contend the council should not be providing a park as a free playground to a fee paying school. 

Alan Irvine, who lives by the gardens and organised the petition said: “You have a situation where local kids can’t get on the swings. It is very noisy and impinges on other users who don’t expect their space to become a school playground. 

“Violet Hill Garden has in effect become a valuable facility given to this private fee paying school free of charge.”

A spokesperson for Abercorn School said: “Our children are very well behaved, and as far as I know we have no problem with the council. I think this just comes down to a few people persistently complaining. 

“It should be noted that kids with our school uniforms do play in the park unregulated after school, and perhaps that is why we get a bad name.”

Councillor Ed Argar, Westminster’s cabinet member for city management, said:  “I want to make clear that Westminster’s parks are open to all and we are not looking to ban children, or any other group for that matter, from using them. 

“Any suggestions to the contrary are quite simply misleading and sensationalist.”