Proposed Children and Families (Wales) Measure

Consultation response

CF9 - Fields in Trust/National Playing Fields Association

Fields in Trust (FIT), the new operating name of the National Playing Fields Association, is a UK wide organisation concerned with improving the quality of life and health of all members of society, by assisting in the provision, improvement and protection of high quality, well used facilities for outdoor sport and play. 

Within the proposed measure, Fields in Trust is mainly concerned with and supports the objective of securing sufficient play opportunities for children. FIT would like to emphasise that within the range of play provision, it is primarily concerned with play outdoors.

FIT is aware of the submission made by Play Wales and wishes to record its support for that submission.

1. Is there a need for a proposed Measure to deliver the stated objective of making provision for play opportunities for children?

Yes.  The Assembly Government has recognised and articulated the importance of play in its 2002 Play Policy, making a commitment 'to ensure that all children have access to rich, stimulating play environments’ and 'to encourage the creation of high quality 'compensatory’ play provision that is appropriate, local, stimulating and challenging for all children in Wales’.  Such provision and intervention on a universal basis for all children in the country will, in our view, only be achieved and sustained with the legislative support of this measure.

In dealing with the current situation, for example, there is currently no statutory requirement for local authorities to provide play opportunites for children. In practice, authorities do provide for play through the planning process. Planning Policy Wales and the supporting TAN 16 encourage authorities to provide adequate land for for informal sport and recreation including play. However, these documents are only guidance and not always strictly followed or difficult to implement (eg providing play spaces in established housing areas) meaning there are areas which lack sufficient play opportunities. The measure should ensure greater success in securing  sufficient opportunities for all children

We add that in terms of assessing the sufficiency of play opportunities, there may be overlap with the Open Space Assessments recommended by the newly published TAN 16. However, such assessments are only recommended and authorities might not afford them priority or review and  revise them on a regular basis. Also they will only cover outdoor play opportunities not those indoor which also form an important part of overall play provision.

2. How will the proposed Measure change what organisations do currently and what impact will any such changes have?

By making the provision of sufficient play opportunities a requirement, it will have a greater bearing on relevant planning proposals including provision in new housing developments. There should be increased emphasis on such provision both in terms of their creation and sustainability, taking proper account of the quantity, quality and accessibility of provision.

The measure will, it is anticipated, lead to more effective use of resources.  Provision should reflect  improved play value and value for money, while not losing sight of the need to counter health and safety matters relating to bad risk.  Benefits to children will relate to impovements in the development, quality of life, health and education of children.   

The measure should also encourage inter-departmental working which would include, for example, leisure, education, highways and planning departments.  Delivery and services should represent the strengths of the public, voluntary and private sectors.

3. Are the sections of the proposed Measure appropriate in terms of achieving the stated objectives? In considering this question, consultees may wish to consider the nature of the provisions in the proposed Measure that:

(d) secure sufficient play opportunities for children (section 60);

There is a need for further detail on what constitutes "sufficient” play opportunites.  The appropriateness of that section relating to play should, therefore,  be revisited.

Mention  is made that sufficient is "having regard to quantity and quality” but what level of quantity and what level of quality? Will this will follow in forthcoming guidance mentioned in the Explanatory Memorandum? 

FIT is strongly of the view that sufficiency should be judged against criteria not only involving quality and quantity but also including accessibility.  This sits provision firmly in the planning agenda, amongst others, and FIT has issued its own guidance in 'Planning and Design for Outdoor Sport and Play”.

Play Wales has recommended a sufficiency assessment  as a requirement for assessing provision, supported by supplementary guidance and standards embodying current theory and best practice.  FIT supports that recommendation. 

4. What are the potential barriers to implementing the provisions of the proposed Measure (if any) and does the proposed Measure take account of them? For example, is there capacity to implement the new duties in the proposed Measure through the existing programmes of Cymorth and Flying Start, and to undertake the work of the new Integrated Family Support Teams?

Potentially the biggest barriers to implementation are the resources available to local authorities and the priority they might give to this new area of responsibility.

5. What are the financial implications of the proposed Measure for organisations, if any? In answering this question you may wish to consider Section 2 of the Explanatory Memorandum (the Regulatory Impact Assessment), which estimates the costs and benefits of implementation of the proposed Measure.

The Memorandum says that the proposed duty of securing sufficient play opportunities will not place any new burdens on local authorities. However, the assessments proposed will presumably require audits to be undertaken but not all authorities carry out such audits at present, at least in regard to outdoor play spaces. In addition, after completing an audit, if it is found that there are not sufficient play opportunities, it is likely that any remedial measures that have to be carried out will incorporate some costs. It is the case that some increased investment might be possible by reallocating current spending priorities but it is foreseeable that this will not be the case in all instances.  FIT adds that the measure might also result in increased demands for information, advice and guidance for local aauthorities from organisations such as itself.

6. Are there any other comments you wish to make about specific sections of the proposed Measure?

FIT would wish to restate its support for this measure and the emphasis it places on the importance of play in the development of children.  It is most welcome.

Rhodri Edwards, Manager
Fields in Trust Cymru
April 2009
Welsh Institute of Sport
Sophia Gardens
Cardiff
CF11 9SW
Phone: 02920 230637
www.fieldsintrust.org