Rights of way across school premises
" From 12 February 2003 local highway authorities in England can divert or close rights of way which cross school land to protect pupils or staff from violence, or threat of violence; harassment; alarm or distress arising from unlawful activity; or any other risk to their health or safety arising from such activity.
" This power is in response to a recommendation by the Government's Working Group on School Security that local authorities consider seeking to change existing (or proposed) rights of way if these were identified by schools as a significant security risk.
" If you have a right of way across your school land, which threatens the well — being of pupils and staff you should contact your local education authority to alert them to the problem. Either you or they should then approach the local highway authority to see whether it would be possible to make a special diversion or extinguishment order.
" Before taking this step schools should first consider what other measures can be used to improve or maintain school security. They should tell local highway authorities what steps they have taken, as it will help to demonstrate the need for action.
" Where these powers are used, highway authorities are encouraged to seek diversion rather than closure. Schools may therefore also wish to consider suggesting an alternative route, where appropriate.
" We expect highway authorities to be sympathetic to any requests, but they are not required by law to act.
" The power to close or divert a right of way across school land to protect pupils and staff is contained in Paragraphs 8 and 12 of Schedule 6 of the Countryside and Rights of Way Act 2000, which inserts new sections 118B and 119B into the Highways Act 1980. These powers were commenced by Statutory instrument on 13 February 2003 — SI 272(c.16) Countryside and Rights of Way Act 2000 Commencement no.3 Order 2003 .
" A 'school' is defined for the purposes of this legislation in section 4-6 of the Education Act 1996.
" Further information is available online at www.defra.gov.uk/wildlife-countryside/cl/publicrow.htm.
