Playtime dispute (From Bucks Free Press)

Playtime dispute

7:00am Monday 8th October 2007 in

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A FURIOUS father has become locked in a dispute with a housing agency over his children's playtime.

Shaun Fitzpatrick, 41, put up a tyre swing on an unused strip of land so that his young children could play within sight of his flat.

However, the father-of-four's homemade playground has fallen foul of housing provider The Guinness Trust.

Mr Fitzpatrick, who lives off Garretts Way, Downley, has four children aged between four and 15, who all like to play on the swing.

"This is the only place that my children and my neighbours’ children can play under our supervision."

Shaun Fitzpatrick

He said: "They have demanded I remove it for health and safety reasons. But this is the only place that my children and my neighbours' children can play under our supervision.

"There used to be a playground 50 yards from my house, but all that is there now is a car park. The Guinness Trust has done nothing for the children who live here. They moan about vandalism from bored kids, but what do they expect our children to do with nowhere to play?"

But The Guinness Trust, which manages 450 homes in High Wycombe from its premises in Mendy Street, argues that the swing is a danger to the children of its residents.

Mike Parkin, the organisation's communication officer, said: "The main issue is that the swing is made up of a tyre fastened between two trees.

"These trees are not big solid oaks. They are quite young trees, and not as sturdy as you might expect. Mr Fitzpatrick may be comfortable for his children to play here, but there is nothing to stop children of other residents from climbing on the swing unsupervised and injuring themselves."

However, Mr Parkin admitted that legal rights over the land are unclear.

He added: "We are not entirely sure who the land belongs to. However, the property's tenant has no claim over it."

Mr Fitzpatrick has now lodged an inquiry with the Land Registry to establish whether The Guinness Trust has any greater claim on the patch than he has.

"I am not going to lie down without a fight," he said. "These are my children and I will fight for them to have somewhere to play."

However, The Guinness Trust is also prepared to enforce its case. Mr Parkin said: "We do not want to be seen as ruining kids' fun, but safety comes first.

"We cannot guarantee the safety of our residents or their children if they use this swing, so unfortunately it must be removed.

He also said they were willing to listen to issues about play area provision for children.

Mike Parkin said: "We are committed to making sure that all the "We are always willing to take onboard what residents think about where they live. All tenants have access to a housing officer, and if Mr Fitzpatrick has any suggestions for provisions for children they would be welcome. We aim to work together to make our residents' lives as good as possible," added Mr Parkin.