Who Is Liable? Kids Kicking The Footballs Or The Council Who Installed The Goal?

[Mother3]

My garden backs onto a Recreation Ground and there is a goal at the bottom of my garden. The goal has a sign saying for under 12's only but older youths play there and kick the balls over a high fence into my garden. Can I take action against the Council for putting a goal there?

[petal54]

try contacting the council re moving goal & see what they say

[Mother3]

The Council says no to removing it but they have installed a 16ft fence across the back of my garden instead - balls are still coming over

[CrapAtCryptics]

Couple of poles and a bit of netting - problem solved

[New Judge]

What, over and above the sixteen foot fence? So the poles must be twenty feet plus to give any significant extra protection.

How long has the goal been there, mother?

[vulcan42]

I used to have children playing football at the back of my house, the garage doors made a perfect goal mouth. I didn't mind them playing there but the ball was coming into my garden twenty/ thirty times an evening. It also took four of them to climb the wall to retrieve it. I made a sign which read any balls that land in my garden will be kept and owners can collect them on Sunday evenings. It was amazing how quickly their football skills improved.

[jambutty]

'how long has the goal been there, mother' LOL LOL.

Seriously, I feel for you and I would hate this, but knowing Councils, I bet they won't do any more !

[gness]

I'd do exactly as Vulcan advises, Mother......return the balls, once a week...with a smile......x

[bednobs]

i'm not sure that taking legal action is the best ide. The council are doing what they want on their land - i don't understand what you want the outcome to be?

[Mother3]

I want to sue them for nuisance

[Islay]

If this goes to court (which it won't unless you go to Judge Riender!!) the council will ask what have they done to counter act this - they will state that they have given you a bigger fence - judge will be satisfied!

Out of interest - how long have you lived in the house?
How long has the recreation ground been there?

[Mother3]

the fence is high but I want the goal removed and the council held liable for the stress they are causing me

[hc4361]

You would have to show that the council is unreasonable in providing football amenities in a public park and have not taken reasonable steps to improve the situation for you.

[Islay]

How long have you lived there

how long has the rec ground been there?

[Mother3]

the recreation ground was there when we moved in but not the goal

[Peter Pedant]

No mother I think you are barred by this case

https://en.wikipedia.org/wiki/Dorset_Yacht_Co_Ltd_v_Home_Office

[hc4361]

This isn't a case of negligence, it is the tort of nuisance, peter.

[Peter Pedant]

no if you read
https://en.wikipedia.org/wiki/Nuisance_in_English_law

you will see it does not concern the tort of nuisance ....