A playground which marks children with black dye has sparked a dispute with contractors who are currently leaving taxpayers to foot the £100,000 repair bill.
Council officers are at a stalemate as they try to seek compensation for the faulty playground, now left overgrown and no closer to being open for families in one of Brighton's most deprived areas.
Children who used the playground return with black marks on their faces and hands due to marks from dye coming off the playground..
The new Middle Park playground in Whitehawk was a cause for celebration for families living in the estate when it opened in 2021 with new swings, slides and a giant pirate ship for climbing.
But this joy was short-lived. Youngsters playing in the park were soon coming home with black faces and stained clothes with parents having to fork out money for new clothes amid the cost-of-living crisis.
"At the time it was the only fit for purpose park in the area," said mum Evie Martin, who campaigned to get the refurbished playground installed since she moved back to Whitehawk in 2018.
It was built using section 106 funds - money supplied as part of the arrangement with developers at two new building projects in the area. This was at a cost of £120,000 paid to the playground manufacturer Eibe, who successfully won the council's contract.
"But then the dye issue came up. People's clothes were being ruined and some were getting worried about what toxins could be in this dye," Evie added.
The black rubber mulch surface typically used in playgrounds was wearing much faster than expected, causing its hard-to-wash dye to stick to skin and clothes.
Council officers were forced to close the playground with security fencing less than two years after it opened as furious parents complained with some even threatening to sue them for the clothes damage.
"The families here deserve a park," said local councillor David McGregor. "It's a working class area with a lot of young people in it.
"I have seen pictures of kids looking like they have been going up chimneys just from playing here."
Among those children is eight-year-old Fynne Clark and Evie's children Marley, nine and Macey, seven.
Fynne's mum Maria Lily said the playground has damaged Nike Air Force One trainers, trousers, and has made her son's face black.
She said: "It’s such a pain as it actually stains their skin, you have to really scrub it to get it off which obviously makes their skin sore."
Evie Martin is part of the Parklife campaign group in Whitehawk, which has put pressure on the council to improve park facilities in the area - and was even involved in the decision-making process for Middle Park.
She added: "It is a bit gutting. We were told the park would last at least 20 years and ours didn't even get two.
"We feel a bit wronged."
Some families have even torn down the fences to use the playground, knowing the risks of staining skin and clothes, because their children need somewhere to play.
So far, discussions with Eibe Play Ltd, who built the playground, have been unsuccessful with Cllr McGregor fearing the near-£100,000 repair bill could be passed down to the taxpayer.
He said: "We should not have to pay this again, especially when we are cutting so much already.
"They have done work with us before and it has been fine, so it begs the question why they would not admit the fault and fix it for the potential of a longer-lasting relationship.
"They are very much washing their hands of it."
Whitehawk is the most deprived area in Brighton with 72 per cent of families facing deprivation in the recent census.
Children often spend time using free community facilities such as playgrounds in their time outside of school.
"It gets back to the fundamental problem with the Whitehawk community, who feel like they have been left behind and forgotten about," he said.
"I am from the same background, I know how it feels when you feel you are not good enough. There's a little bit of class anger that comes out in me when you see things like this."
Cllr McGregor has set up a petition along with Evie in a bid to bring more attention to the situation with Eibe.
At the time of writing, almost 300 people have signed to hold the company accountable and demand the taxpayer doesn't foot the bill.
The Argus has contacted Eibe several times for comment. We are yet to receive a response.
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