A piece of land left to Shanklin Church of England Primary School – but with the specific proviso that it could be used by any children of junior school age – is under scrutiny after being fenced off, sparking outrage locally.
The land was given in the 19th century by Francis White-Popham ‘for the purpose of providing a playing field for the Shanklin Church of England School’. However, the relevant covenant – a copy of which has been seen by Island Echo – permits ‘any children of junior school age whether or not scholars at the Shanklin Church of England School to use the land conveyed as a recreation ground at all times except during normal school hours’.
Despite this covenant, which has been recognised for decades, the playing area is now inaccessible to the nippers of Shanklin.
Members of the local community have shared their memories with Island Echo of playing on the field as children. Shanklin Scouts also previously used the field but found themselves unable to do so after the school became an academy – now known as St Blasius Church of England Primary Academy.
Carol Harvey, Group Scout Leader at the nearby 1st Shanklin Scout Group, explains:
“It has always been the case that the Scout Group has used the field on a regular basis for games and tent erection practice and general scouting activities and training.
“When the field was fenced off a stile was installed halfway along the fence. This was altered to a double height stile which proved more difficult for access with tent equipment and for some of the smaller Scouts.
Article continues below this advertisement “The gate at the bottom of the field had a sign stating access for children of Shanklin. Since then the stile has been replaced with a fence, no longer allowing anybody access to the field and the sign has disappeared.”
There is still a sign on the other side of the field (pictured above left) and the remnants of the stile can be seen, but the field itself has been rendered inaccessible by the high fencing installed – completely going against the covenant.
It has been suggested that ‘safeguarding’ concerns have led to the erection of the fencing – although this is no excuse for going against a legal document dating back almost 150 years.
David Moorse, who was the last Headteacher of Shanklin Primary School before it was taken over by the academy, has said:
“As head teacher of Shanklin Primary School [as it was then known], I was made aware of the conditions of the bequest regarding the playing field adjacent to the school, and, whilst it did mean we didn’t have sole access to the area, it also meant we did have access to a substantial play and games area, when weather permitted.
“I also recognised the significant asset to the local community that the field area represented, so in my view, there is absolutely no excuse for failing to comply with the requirements of the bequest, that, out of school hours, children of Shanklin [and youth groups serving the children of the town] have the full right of access and use of the land.
“During my tenure as head teacher of the school, Isle of Wight Council officers responsible for safeguarding described our structures and processes as ‘exemplary’, so in my view, there is absolutely no excuse for failing to comply with the requirements of the bequest, that, out of school hours, children of Shanklin [and youth groups serving the children of the town] have the full right of access and use of the land.
“The children of Shanklin were gifted the right of access to this area, and, at a time when free access to safe outdoor play spaces is a national concern, it could be judged immoral to deny this access.”
Island Echo has approached both the Isle of Wight Council and the Diocese of Chichester Academies Trust (DCAT) – which runs St Blasius Academy – for comment but a response has not yet been received.
It is understood that while the land on which the school sits is owned by the Portsmouth Diocesan Board of Finance, the transfer to academy status means that the trust (DCAT) were granted a 125-year lease on the land. In turn, the academy trust delegates responsibility for maintaining the site to the headteacher and governors.
Editor’s footnote: We are today calling for the reinstatement of free access to the playing field for the children of Shanklin. Those under the age of 9 (and those older than 9 with permission) have a right to be able to access this field.
We will be pursuing this story in the coming weeks and months and eagerly await not only a response but the removal of the fencing too.
Do they want to build houses? ??
Absolutely they do, legal action needs to be taken to put a stop to it immediately
soo Shanklin Town Coucil could on behalf of the youngsters of Shanklin issue legal proceedings against the Diocese of Portsmouth for breach of Covernant
Shanklin Town Council are rubbish. They are impossible to reach by phone, rarely answer emails and if they do then just rob you off. Waste of time and money.
Dont no if still legal but if the fence stays up for i think 7 years they whoever put it up can claim the land.I knew a builder who did exact same thing in the late sixties and built six large houses on same land.
Please elaborate on the words “rob you off” surely they have an answer phone and email address.
Depends if the agendas on both sides of the grab are sufficently pre-fattened with brown envelopes or synchronized at the funny handshake levels ?
The council will know the reason since they are the listening council and hear everything.
But they’re not very good at letting people know, especially when people can have a say.
Land grab by the council for housing no doubt, they better hand it back. Neo-nazis in county hall or what!!!!
The one’s that done this is probably the same one’s that moan ab kids messing around on the streets kids need areas to play in and make friends
Poor kids, there will be nowhere left for them to play soon. No green spaces, playgrounds shut, overgrown or left to rot. Where are they suppose to go and play. The streets?
Reminds me of a 70’s song by Cat Stevens.’Where do the Children Play’ A powerful piece of songwriting to put it mildly and highly applicable in this case ?
Thanks to the Echo for reporting this.
And thanks to Carol Harvey (Shanklin Scouts) for highlighting the problem.
The Council don’t follow laws. Just like the land at Puckpool was given to them under one condition. That it always remain free. That’s why they couldn’t install parking meters for years. However, they just decided, they were going to do it anyway. Probably hoping that it was so far in the past, No one will remember. Law is worthless.
The Church showing their true colours. Google it, the church of all denominations own so much land and build on it all the time. They love taking land given to them for one purpose and then selling it to local developers.
If the fence has been erected illegally, then pull it down. If it’s not supposed to be there, it wouldn’t be illegal to remove it.
I am familiar with the field through scouting.
If you’ve noticed ALL the schools on the IW have been fenced off like mini prisons, I suspect this is linked to DeptEd policy and insurance conditions. Perhaps Bobby S could speak to his mate Gilly?
In all seriousness, the school could compromise by fencing closer to the school playground and then putting a gate where the style was which is unlocked outside school hours. Double fence = double costs.. but we all have to adhere to covenants when in place.
Alternatively, could an equivalent patch of suitable land elsewhere in Shanklin be provided in compensation?
Bobby S is the only hope, oh dear.
The school has been fenced off on its actual boundary for decades, so the perimeter has been secure.
Keep it green and free for future generations
The legal document specifies children “of junior school age”. Children aged 9-11 need no “permission”.
It also begs the question “Permission ” from whom? The head of school has no greater right to allow [or ban] children from using the play area out of school hours, than the children of Shanklin have to allow or ban the school from using THEIR play area DURING school hours!
Both have equal legal rights of access, it’s about time this was recognised again and acted upon!
The same thing happened with Stonehenge. It too was given for free public access, look at it now !