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Public Playground Safety and Liability: A Practical Guide for Local Authorities

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Public Playground Safety: A Practical Guide for Local Authorities
Compliance, Capacity and Accountability in Public Play Spaces

 

Once installed, the safety, compliance and durability of a public playground can be difficult, and costly, to change. For local authorities planning a new outdoor play area, the most important safety decisions happen before equipment is specified, suppliers are appointed or budgets are approved.

Getting those early decisions right reduces risk, strengthens procurement confidence and protects the council long after installation is complete.

A Quick Sense Check Before You Proceed

Before committing to a new playground project, you should be confident you can answer “yes” to the following:

  • Has safety been considered at design stage, not left until installation?
  • Is all equipment and surfacing fully compliant with BSEN 1176 and BSEN 1177 standards?
  • Can the playground cope with real-world footfall without creating congestion or misuse?
  • Are long-term guarantees, documentation and aftercare clearly defined?

If any of these remain unclear, it’s worth addressing them early – when change is still straightforward and cost-effective.

 

1. Understanding Liability: Risk, Safety Standards, and Duty of Care

When planning and providing play opportunities, the goal is not to eliminate risk, but to weigh up the risks and benefits. No child will learn about risk if they are wrapped in cotton wool’ – Health and Safety Executive

Risk plays an important role in children’s development, and UK law recognises this. Well-designed play spaces are not expected to remove all risk, but to manage it appropriately, allowing children to explore, test boundaries and build confidence.

The courts acknowledge that activities such as climbing, balancing and physical challenge carry an inherent level of risk – and that this is both normal and beneficial. The focus is therefore on preventing serious or foreseeable harm, rather than eliminating every possible hazard.

The Health and Safety Executive

This balanced approach is reinforced by the Health and Safety Executive (HSE), which makes clear that play providers should control significant risks without becoming burdened by excessive paperwork or unnecessary restrictions. In its guidance Promoting a Balanced Approach, the HSE notes that while accidents can occur during play, concerns around litigation and prosecution are often overstated.

In short, effective playground safety is about proportionate risk management – supporting children’s development while meeting legal and safety expectations.

Play is a safe and beneficial activity’ suggests the HSE guide, ‘sensible adult judgements are all that is generally required… in making these judgements, industry standards such as BSEN 1176 offer benchmarks that can help’.

Clear, well-positioned signage forms part of a local authority’s duty of care by setting expectations for safe and appropriate use. Liability insurance should also explicitly cover playground provision as part of that responsibility.

 

2. Design for Real-World Use, Not Ideal Conditions

Public play areas are open-access, unsupervised and subject to times of unpredictable footfall. Safety issues rarely stem from a single defective item – they emerge when layouts fail to reflect how children actually use the space.

At the design stage, consider:

  • Expected footfall based on location, transport links and nearby attractions
  • Whether the site is likely to become a destination playground
  • How different age groups will naturally converge and move through the area
  • Where congestion is most likely to occur during busy periods

Designing for capacity from the outset reduces collision risk, discourages misuse and slows long-term wear.

 

 3. Compliance Must Be Built-In

All new public playgrounds should be designed and installed in full compliance with:

  • BSEN 1176 – Playground equipment safety
  • BSEN 1177 – Impact-absorbing surfacing

These standards govern fall heights, spacing, entrapment risks and surface performance. While not legislation, they are the recognised benchmark used by insurers and courts when assessing whether reasonable care has been taken.

Learn more about BSEN Safety Standards

Compliance depends on decisions made early, including:

  • Equipment selection
  • Layout
  • Surfacing type and depth
  • Installation accuracy

If any of these are treated as an afterthought, risk can dramatically increase.

Safety Standards Giving You A Headache?

Learning and implementing all these safety standards yourself isn’t practical – and fortunately, you don’t need to! By partnering with a long-established and trusted playground designer / manufacturer / installer such as Creative Play, you can rest assured that all aspects of BSEN1176 and BSEN1177 are taken care of – we can even assist with inspection and maintenance, so your play area will always be up to code.

Let Creative Play take care of the hassle: Book a Free Consultation

Check out some Local Authority Playground Projects near you

Woman and man in high-vis vests inspecting blocks of wood in a warehouse as they consult a piece of paper

4. Capacity is a Safety Issue

A common procurement mistake made by councils is concentrating spend only on a small number of high-impact items.

When planning a new playground:

  • Avoid a single ‘hero’ piece that accommodates few children and attracts excessive queues
  • Provide multiple play routes and activity types
  • Allow generous space around high-energy equipment
  • Use zoning to naturally separate age groups (no need for hard barriers)

Good capacity planning improves safety, user experience and the long-term resilience of the site.

 

 5. Supplier Due Diligence: What to Ask Before Appointment

This cannot be overstated – selecting the right playground provider is one of the most critical safety decisions a local authority will make.

Any reputable supplier should be able to demonstrate:

  • Full compliance with BSEN 1176 and BSEN 1177
  • A certified ISO9001 quality management system
  • Long-term guarantees on materials, not just workmanship
  • A structured aftercare service covering inspections, maintenance and technical support

Unfortunately, many playground installers focus purely on installation and avoid long-term responsibility, an approach that introduces unnecessary risk to public assets.

 

 6. Proven Experience Reduces Risk

Compared to supervised sites, public playgrounds place different demands on design, materials and build quality.

A credible partner should be able to provide:

  • Case studies from public parks and open-access environments
  • Evidence of managing high footfall and long-term compliance
  • Clear documentation to support approvals, inspections and future maintenance

Creative Play has spent 35 years designing, manufacturing and supporting playgrounds for UK local authorities, with safety and longevity built into every stage of the process.

 

Case Study: Designing Safety into a New Public Playground

Lea Marston Parish Council Play Area Development

We helped Lea Marston Parish Council in Sutton Coldfield create a multi-generational playground park to attract sustained daily use from a village of 400 people, plus some sizable passing traffic.

During the project, our team:

  • Assessed potential flooding or subsidence issues
  • Considered anticipated footfall and movement patterns when choosing equipment and positioning
  • Designed a layout that distributed play across multiple zones
  • Selected surfacing fully compliant with BSEN standards (appropriate depth wet pour and grass mats in key areas)
  • Provided several measures for promoting the safe longevity of the equipment (metal post shoes, anti-vandalism caps)

Outcome:
A regulation compliant, resilient playground designed to remain safe under heavy use. Explore the whole story of Lea Marston’s playground development.

Discover more case studies of local authority playground projects.

 

Why Creative Play Is Your Trusted Partner

Creative Play’s outdoor play experts work with local authorities to design, manufacture, and install playgrounds to required safety specifications and ensure compliance. We provide clear, practical guidance that supports procurement, reduces risk and protects long-term value.

  • Expert Guidance on Safety Standards: We handle all aspects of safety, ensuring your equipment meets BSEN 1176 and BSEN 1177 standards. Our team can also provide regular inspections and maintenance services.
  • Tailored Playgrounds for Your Requirements: Whether you run a small community group, medium parish council, or large local authority site, we’ll design a play area that suits your unique needs and space.
  • Ongoing Support: Our service doesn’t end after installation. We provide comprehensive aftercare and maintenance to keep your playground safe and compliant for years to come.
  • Brochure: Over 600 products designed to meet safety standards.

 

Planning a New Public Playground?

A short, no-obligation consultation will ensure your project is set up for success from day one. Talk to a Play Advisor on 01244 375 627, via email, or fill in the Contact Form.

 

Get In Touch and see what we can do for your outdoor public space today!

 

Please note: This guide is for informational purposes only and should not be considered legal advice. We recommend consulting with a legal professional for guidance specific to your situation.

Sources

Promoting A Balanced Approach, HSE (Health & Safety Executive), 2012

Managing Risk In Play Provision, DCMS (Dept For Children, Schools And Families), 2008

ROSPA https://www.rospa.com/policy/play-safety/advice/playground-accidents

Our Playground Equipment

Our playground equipment and outdoor sports equipment have been bringing smiles to children’s faces for over 30 years.

Designing, manufacturing and installing our playground equipment has taken us across the UK, developing over 14,000 play areas for children in Schools, Holiday Parks, Pubs, Play Parks and more.

We only use the highest quality timber and materials to ensure the lifespan and durability of all our playground equipment. We also provide a comprehensive guarantee on all products and services for the first 2 Years of your product’s life, for peace of mind.

Contact Us Today To Discuss Your Playground Project Or Call Us On 01244 375627

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