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1.

Roundhay Park
  Following the drowning of 2 young men at Roundhay Park (Leeds) in June 2005, the Coroner’s inquest found the cause of death to be misadventure. Leeds City Council was, however, asked to look at the safety signs (including the telephone numbers) at Roundhay Park.
   

2.

Leeds City Council’s response
  LCC commissioned The Royal Society for the Prevention of Accidents (RoSPA) to prepare a report on water health and safety with particular reference to two sites: Roundhay Park (lake/static water) and Wharfemeadows Park in Otley (river/flowing water). These two risk assessments are intended to provide a template for all future risk assessments in Leeds City Parks and Waterways. The RoSPA report was published in December 2006.
   

3.

Leeds City Council’s decision
   LCC approved and adopted the RoSPA report at the Executive Board meeting on 9 February 2007. The plan to erect fencing along the riverside is based on this report’s recommendations.
See Report of the Director of Learning & Leisure to the Executive Board.
   

4.

The House of Lords
  The RoSPA report relies heavily on the Tomlinson v Congleton BC case where the claimant (who was trespassing) had suffered severe injuries when he dived into a lake managed by a local authority. This report, prepared in 2006, seems to be unaware of a House of Lords judgement in 2003  that reversed an earlier Court of Appeal decision, found in favour of the Council and ruled that the claimant’s injury was the result of his own folly.
Edited extracts of the judgement can be found here.
   

5.

Otley Town Council
  There had been no consultation with the Town Council or Otley residents before LCC announced its decision. Sean Flesher the Principal Parks Manager for Leeds brought the plans to a meeting of the Environmental & Economic Development Committee of Otley Town Council on 19 February.
   

6.

Local opposition
  Following reports in the press about the plans to fence off the River Wharfe, local residents, organisations, businesses and visitors have expressed overwhelming opposition to LCC’s decision. This opposition has been widely reported in local newspapers.
 

7.

Wharfemeadows Action Group
   A non-party political action group has been formed to co-ordinate the campaign against the fence; it is supported by the Otley Town Partnership and several other local organisations. Interviews have already been given to BBC TV (Look North), BBC Radio Leeds and BBC Radio 4 (You and Yours Wed. 7th March) and newspapers. A petition has been widely circulated in the shops, businesses and pubs of the town and further action is planned until good sense prevails. Watch this space.

8.

The decision
  After a disgraceful pretence at public consultation Leeds City Council  at their Executive Board meeting on Wednesday 13th June decided to ignore local opinion and to proceed with fencing  off parts of the riverside in Wharfemeadows, Tittybottle and Manor Garth parks. See here for more information.

WAG does not intend to let the matter rest and have issued the following statement
 

9.

Wharfemeadows Action Group Statement: 13 June 2007

 

In its fencing plan for Wharfemeadows Park in Otley, Leeds City Council has shown complete disregard for the overwhelming opposition in the town to its misguided proposals. Its breath-taking arrogance has been matched only by its shocking incompetence throughout the 4 months of the WAG campaign.

1.      First of all, they hid behind a coroner until WAG proved that they had not even read what he said at the Roundhay Park drownings inquest.

2.      They then sheltered behind the Royal Society for the Prevention of Accidents until WAG demonstrated that the RoSPA report was seriously flawed and unreliable.

3.      They then took refuge behind their lawyers until WAG challenged their failure to read legal precedents correctly.

4.      They also suggested that councillors and officers were at risk of ‘corporate manslaughter’ charges. WAG refuted this. The council now agrees that this is ‘an irrelevant consideration’.  

5.      They finally agreed (with great reluctance) to carry out “full and proper consultation” but went back on their word just 4 days into the consultation period by instructing officers to erect some fencing immediately.

6.      They managed a public relations disaster in the public meeting they “organised” in Otley on 10 May. Many people left in disgust.

7.      The last-minute “public display” of “revised plans” last weekend was a disgraceful token effort which the vast majority of Otley residents and businesses did not even know about. The only revised options available for public comment were the style and colour of fencing to be erected. It is to be hoped that their fences do not cause accidents.

8.      Leeds City Council Executive Board’s so-called "revised" decision appears to have been driven by officers in its Legal & Democratic Services Department which is certainly legalistic, often wrong but by no means democratic.

9.      Leeds City Council has ignored the 6,136 signatures on the petition against the fencing off of the river in Wharfemeadows Park and has treated the people of Otley with contempt. Having promoted a culture of litigation and compensation rather than standing up for common sense it has enraged the people of Otley and beyond.

10.  WAG will continue to explore what has gone wrong with Leeds City Council’s decision-making processes and have asked the council’s own Scrutiny Board to conduct a formal review. We will be seeking  the assistance of the Local Government Ombudsman and will also be submitting a formal complaint to RoSPA.