Hi Alfi, I recommend that you download a copy of the Environment Agency booklet "Guide to public Safety on Flood and Coastal Risk Management Sites". It is an excellent publication regarding public safety around a wide range of water scenarios, and will address your query. In particular it provides a very good Article on the Tomlinson V Congleton Borough Council.

It's probably never going to happen, but if the Police dont have anything else to go on, the kids could be prosecuted under Section 8 of HASAW for "intentionally or recklessly interfering with or misusing anything provided in the interests of health, safety and welfare". Does anybody know if there has ever been an instance of a Section 8 charge, if for example, somebody squirted a colleague with a fire extinguisher in a workplace prank?

Alex you beat me to it. I would also add that s8 is only likely to apply to an employee and certainly not children. I have seen life buoys in the middle of a lake as opposed to the perimeter, presumably to prevent unauthorised access to them - have you considered this? Might be better than to remove them altogether, although it does depend to some extent the depth and size of the lake. The case that springs to mind is Tomlinson v Congleton Borough Council [2003] where a 18 year old youth broke his neck and became a tretraplegic when diving in shallow water belonging to the Council pursuant to the OLA. The case was dismissed on the grounds that he was not a visitor but a trespasser and the Council had taken reasonable precautions to prevent people from entering the lake including signage. There is also the case of children trespassing on a railway line by gaining access through a hole in the fence. Cannot recall the citation but in this case the railway company were judged to have been negligent under the OLA, because there is a higher duty of care owed to children than adults. Even trespassers have rights if there is a danger to them which they are unaware.

The case which Ray refers to is British Railways Board v Herrington [1972] AC 877 House of Lords A "duty of common humanity towards trespassers" BRB had been aware of a gap in a fence for several months, but had done nothing about it.

Sadlass your right it is not restricted to employees and can apply to visitors, etc.

Ray, as s8 applies also to burglars, I gather ot would also apply to tresspassers, your probably right about children, but would this not depend on the age of the children? When people say children I automatically think under 10, but it could be up to under 18.

Rasput 1 posted a similar enquiry in August titled 'Life Saving Devices an a Public River', that raised a number of interesting points, it is probably worth having a look at that post as well. http://forum.iosh.co.uk/...spx?g=posts&t=106084 Regards Lisa