Community and Voluntary Controlled Schools etc
Responsibility
As the employer, the LA has responsibility for health and safety in community schools, community special schools, voluntary controlled schools, maintained nursery schools, pupil referral units and the statutory youth service. It has the power to ensure that its health and safety policy is carried out in-school and on all school activities.
The LA must provide health and safety guidance to those schools and services where it is the employer. It must ensure that staff are trained in their health and safety responsibilities as employees and that those who are delegated health and safety tasks (such as risk assessment) are competent to carry them out. If an LA risk assessment shows that training is needed, the LA must make sure this takes place.
The LA can direct schools to release staff for health and safety training where the scheme for financing schools contains such a provision. If it does not, LAs may wish to consider the need for an amendment to their scheme. If the scheme allows, the LA can charge the school for any training the LA has provided.
It is good practice for community, community special and voluntary controlled schools etc. to draw up their own more detailed health and safety policies based upon their LAs general policy.
Monitoring and Compliance
The LA cannot fulfil its statutory duty unless it monitors how its schools are complying with the LA policy. The LA should monitor this robustly to ensure required standards are reached and should take action where they are not.
LAs' statutory school financing schemes can be expected to contain a number of provisions enabling the LA to ensure that schools have regard to health and safety requirements. Such schemes are made under section 48 of the School Standards and Framework Act 1998. They are commonly known as Fair Funding Schemes.
Where an LA believes the health and safety of anyone on-site, or of anybody engaged on school activities off-site, is at risk it can make a direction to the governing body and head teacher.
A direction can specify action to be taken (e.g. remedy a health and safety failing). Or it can require the governing body and head teacher to comply with a specific aspect of the LA's health and safety policy. Section 39(3) of the School Standards and Framework Act 1998 applies.
In the event of non-compliance with a section 39 direction, the LA can apply to the Secretary of State for a direction. Section 497 (general default powers) or section 496 (power to prevent unreasonable exercise of functions) of the Education Act 1996 applies.
Ultimately and rarely, compliance would be enforceable through the courts. Substantial or persistent non-compliance with scheme requirements is a ground for suspending delegation, subject to the governing body's right of appeal.
Can an LA intervene in Foundation or Voluntary Aided Schools?
Under section 15(2)(iii) of the School Standards and Framework Act 1998 an LA may give a warning notice to any maintained school (community, community special, foundation, foundation special, voluntary aided or voluntary controlled) in its area where the safety (not the health) of staff or pupils is threatened by, for example, a breakdown in discipline.
But the HSE and the Department for Education and Skills share a view that the intervention power in section 15, as set out above, is not normally an appropriate means of enforcing health and safety requirements in schools. This is subject to any ruling by the Courts.
Reserve Power of Entry
LAs may need to obtain information in order to exercise any of their general responsibilities. They should normally be able to do this as employers or owners of school premises. Where they cannot reasonably do this, they may use their reserve right of entry to any school maintained by them. For health and safety purposes, this enables them to enter the premises of any community, community special or voluntary controlled school to obtain the information needed. Section 25 of the School Inspections Act 1996 applies.
Code of Practice on Local Authority-School Relations
This does not address LAs' duties as employers under the Health and Safety at Work etc Act 1974 and other relevant statutory duties. The guidance in the Code is not intended to override any of those duties.
School Funding Arrangements
LAs' fair funding schemes should retain sufficient power to ensure they meet their health and safety responsibilities and that necessary work is carried out. The schemes should require governing bodies to:
-
supply all financial and other information to enable the LA to be sure that the school is managing its budget satisfactorily
-
have due regard to the LA's responsibilities for health and safety
-
assess in advance where relevant the health and safety competence of contractors taking account of the LA's policies and procedures.
Schools may take advice on health and safety from other bodies but must heed the policy of the LA.
Schemes should allow the LA to pay for (and recoup the costs for) health and safety work for which it is liable where funds have been delegated to schools for such work but where the work was not done.
Schemes should also allow the LA to recoup the costs of necessary health and safety training for staff from a school when funding for training is delegated but suitable training has not taken place.
LAs can hold back funds to cover strategic management of health and safety i.e. establishing policies and setting standards, providing competence at a strategic level, carrying out active and reactive monitoring, reviewing the policies and standards, and advising schools.
