WITH the new educational access capital funding available through Higher Level Stewardship (HLS), farmers are being encouraged to open their farms up for educational visits, writes Rod Lloyd-Jones of Clarke Willmott LLP.

So what are the risks involved when opening up a farm for public visits?

While the benefits are mutual and significant, the risks of educational visits must not be ignored if farmers are to avoid ending up in court or – possibly worse – on the front pages.

  •  Health and safety RECENT E.coli outbreaks highlight the dangers of allowing children on farms without a robust enough health and safety risk assessment. Special consideration must be given to the health and safety of children who are less able to recognise danger and acting appropriately.

Under the Occupiers Liability Acts farmers are strictly liable for personal injury or death caused by events on the farm. Farmers cannot exclude this liability and should therefore ensure that a full risk assessment is carried out.

  •  Insurance INSURERS respond differently to farm visits.

Some accept them happily, while others impose a higher premium. Farmers should read the small print on their policies and speak to their insurers to ensure visits are covered.

  •  Educational Access Agreements SOME farmers choose to enter into an educational access agreement with a local school. These are contracts between the school and the farmer. They can provide certainty if a farmer wants to set up an ongoing relationship with the school for regular visits. They restrict liability for unforeseen cancellations – an unforeseen event on the farm or at the school, which could incur wasted costs for the party left in the lurch.
  •  Planning GENERALLY speaking, planning permission is not needed for occasional farm visits by children. But, if funding is used to provide a classroom on the farm, then planning permission would be required for the new building.
  •  Access and Parking FARMERS must check adequate access and parking is available and unrestricted by any third party. Space for parking and turning of coaches may also be required.

Tenant farmers need to check tenancy agreements to see whether non-agricultural uses are permitted. If not then landlord’s consent will be needed.

  •  Biosecurity risks WITH livestock disease outbreaks a great concern, educational visits could increase biosecurity risks.

Farmers should consider steps to minimise this risk.

  •  Paperwork EVERY visit will generate a pile of paperwork for the farmer. Although tedious, this could provide vital evidence if accidents or other problems arise.

o FOR more information contact Rod Lloyd-Jones on rod.lloyds-jones@clarke willmott.com or 0845-209-1743.