Playtime or Problem? Navigating nuisance claims in school grounds

Background

This case involved a private nuisance claim (a claim when a person’s use of their land/property unreasonably interferes with a neighbour’s enjoyment of their land/property) (such as excessive noise, pollution and/or physical encroachment) brought by homeowners against Hampshire County Council. The claim related to a state school, Westgate All Through School, in Winchester (the “school”). Hampshire County Council was the local authority responsible for the school.

The claimants, who owned a property with a large garden and swimming pool, alleged that the school’s newly built all-weather play area, which ran along their boundary, caused excessive noise and had resulted in over 170 footballs landing in their garden over an 11 month period. As part of the claim, the homeowners specifically sought an injunction to prevent the use of the all-weather play area outside of school hours.

Key Legal Issues

1. Definition of “private nuisance” – The court reaffirmed that private nuisance occurs when an activity on one property unduly interferes with the use or enjoyment of neighbouring land
2. What might be considered a nuisance in the school setting? The court ruled that general noise from school children in the playground did not constitute a nuisance. However, the play area had been used by the school and third parties outside of normal school hours, and the noise from these events was deemed a nuisance.
3. The football intrusion issue – The claimants complained of footballs frequently landing in their garden, disrupting their enjoyment of their property. The court found that, for a period, the volume of footballs landing in the claimants’ garden constituted a nuisance.

The decision

The court did not grant an injunction, as the school had already ceased third-party use of the all-weather play area to minimise the out-of-school-hours disruption and installed preventative netting to stop footballs landing in the claimants’ garden.

The claimants were, however, awarded £1,000 in damages for the previous nuisance caused by use of the all-weather play area outside of school hours and the volume of footballs which had landed in their garden.

Key takeaways for schools

1. Consider the potential impact of third party rentals – schools should carefully assess the impact of renting facilities to third parties, ensuring it does not cause undue disturbance to neighbouring properties.
2. Be proactive – schools should implement preventative solutions (e.g., netting, restricted hours) to help mitigate potential nuisance claims.
3. Balancing the school’s and neighbours’ interests – schools must strike a balance between providing facilities for students and third parties and respecting neighbouring properties to avoid legal disputes.

We also previously wrote about similar, common property issues affecting the education sector here: Three common property issues frequently affecting the education sector

Our Disputes and Property Disputes team have significant experience advising clients generally on private nuisance claims and applications for injunctive relief, including for clients in the education sector. If you need help, please get in touch.