I have just read the story about the school that abandoned (because of health and safety) to his own devices, a mischievous pupil who climbed down up a 20ft tree and refused to climb to get down. Then reported a "good samaritan" passer by who helped him down to the police for trespassing.

I am gobsmaked and struggling to find words to describe how I feel.

Silly time again for H&S stories

You can read the story at :
http://www.dailymail.co....-tree-health-safety.html

It's equally important to note the constructive, sane tone in which The Guardian report this incident on 25 March.

Safety and health are often the focus of conflicting interests. The IOSH and its members have the option of using reports of incidents to educate both the public and members of their own work communities about these conflicts. While the IOSH and many safety professionals may validly moan about incidents like this, is it not equally important to applaud reporting that states what occurred with empathy for the complex set of interests involved.

It takes much more thought and time to raise the level of understanding and public debate than to simply yet again condemn those with whom you disagree; they too are entitled to their opinion just as others would often welcome more informed and intelligent views if they were given the option.

Beat me to it Yossarian

the upshot of this will lead to a 'he said she said' result with averyone feeling aggrieved. But I do question what a PCSO was doing visiting someone and telling them that they had committed a civil offence of trespass. There is, as usual, something more to this which has not been reported. Always the case, unfortunately.

JWK

trespass can just be going onto another's property, but the legal remedies kick in when there is any wrongdoing or nuisance. No point in suing someone just because they walked across your piece of grass if they did not cause any real damage or distress.

Also, relevant to this, a person is not guilty of trespass if he goes onto another's land to protect life or property during an emergency. That is what the lady said that she was doing, going to help a child at risk of falling a presumably fair distance to the ground below. I think that this may have more to do with an adult entering school premises, and also the school's embarrassment at the public airing of their policy.

I would have told the PCSO that as he had no legal business to be in the property, that he was trespassing. I would have then told him to leave the property. In those words or similar.

Martin

I'm inclined to agree but don't forget Section 547 of the Education Act 1996.

barnaby, there is something about belief that a trespasser will cause nuisance or disturbance on school premises in section 547, not going to help a child. Different circumstances, but top notch legal spotting nonetheless!
akwatson - in my experience madwives are a law unto themselves anyway, cannot imagine how Trust managers could police such a stupid, pointless rule. Who exactly will be the arbiter of who is capable of making a cup of tea? Do NEBOSH run a Making Tea Safely course which I have not heard about? Perhaps competence can finally be established in H&S regarding this matter? :)

It wasn't the Police, but a PCSO. Clearly nothing better to do..

Thanks for the clarification Martin. I guess the IEMA course was concerned with remedy, which as you say wouldn't apply just for walking on somebody's lane,

John