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Posted By Kirsty Davies2
Folks, I need a second opinion on spiked, barbed wire fences. What are the legal complications in terms of their use? Also what will be the occupier’s liability issues etc?
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Posted By Ian Blenkharn
Barbed wire may be considered 'offensive' though the Police link provides only an opinion and is not fact.
At several sensitive locations I have dealt with, spike-topped pallisade fencing has been considered an absolute prerequiste by planners and the EA licensing athority who in turn consult with the Police and others.
Ian
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Posted By S T
Kirsty,
Spiked topping, barbed wire entanglement can be used on fences for security purposes. However, barbed coils are not recommended for fences below 3 meters in height as the bottom of the coil should not be less than 2.5 metre above ground level.
In regards to Occupiers liability – Taking reasonable steps to give warning of the danger can discharge the duty under section 5 of Occupiers Liability Act 1984.
You may need to take additional steps if your fence adjoins the public highway.
ST
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Posted By Dave Merchant
That police link may be sensible for a domestic garden, but industrial sites are a different issue entirely.
Fine, so there may be a claim if someone's stupid enough to break in, but I can't see a nuclear power station making do with some bits of trellis and a shrubbery because someone might possibly sue them for a cut finger.
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Posted By Ron Hunter
Neither would a Nuclear Power Station be wise to rely entirely on barbed wire Dave, which is easily defeated by cutting, or throwing an old bit of carpet over it!
The "complications" as Kirsty referred to them are surely essentially the same in an occupier context, whether domestic or non-domestic?
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Posted By SteveD-M
If the area is a public right or way then any barbed wire fencing must comply with Section 164 of the Highways Act 1980.
Basically, the barbed wire must be positioned such as to prevent injury to any passer by - this means being positioned out of reach on the top of any fence and must be not less than 2 metres from the ground. Further the barbed wire part of the fence must overhang on the non public side of the fence so that it will only be encountered by someone actually attempting to climb *over* the fence - not by someone merely climbing the fence for a better view of something. The required height of such a fence means that specific planning permission from the local council is required to erect it.
The Occupiers Liability Act 1984 would seem to cover the point.
There will certainly be liability for civil damages for any injury caused.
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Posted By Jay Joshi
There is some reference in BS 8220-3:2004
"Guide for security of buildings against
crime —Part 3: Storage, industrial and
distribution premises"-under the heading "Perimeter barriers"
It refers to where it is proposed to use barbed wire, razor tape or rotating vanes as aids to security of the perimeter fence, attention is drawn to the Occupiers Liability Act 1984 [1] and Section 164 of the Highways
Act 1980 [2].
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Posted By Ken Taylor
Further to the responses above, you should particularly consider any potential risk to children (who should be expected to behave like children). For example, I've had spikes on railings removed or replaced by spheres where trees, street furniture, etc provided an adjacent means of climbing above the spikes where they could fall onto them. It's another risk assessment issue.
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