GovWire

Read this section if you have any responsibility for the safety of children, staff or visitors using the school buildings and site areas.

This includes:

• proprietors, leaders and governors of schools
• charity trustees of academies and academy trusts
• trustees of schools
• school business professionals
• those with responsibility for the day-to-day running of the school estate
• local authorities
• diocesan authorities and other religious authorities and bodies

If you have an oversight role, you should read this section so that you can ensure that these key responsibilities are effectively discharged. This includes:

• governing boards
• academy trusts
• school trustees

Please refer to the Health and Safety Executive (HSE) guidance on responsibilities in the education sector.

The basis of British health and safety law is the Health and Safety at Work etc Act 1974 (HSWA). The regulator is the HSE.

The HSWA places overall responsibility for the health and safety of employees, pupils and visitors in workplaces with the employer.

Other people also have duties under the HSWA. For example, anyone who has control of non-domestic premises has some duties towards non-employees who use those premises. HSE have produced guidance for the responsibilities of school leaders.

You should seek professional advice if youre unsure about your responsibilities.

Who is the employer in schools

The employer varies depending upon the type of school.

Local authority

The local authority is the employer in:

• community and community special schools
• voluntary-controlled schools
• maintained nursery schools
• pupil referral units

Governing body

The governing body is the employer in:

• foundation and foundation special schools
• voluntary-aided schools

School proprietor

The school proprietor (the academy trust, for academies and free schools) is the employer in:

• academies
• free schools
• other independent schools

Employer responsibilities

The HSWA requires employers to:

• ensure, so far as reasonably practicable, the health, safety and welfare of employees
• conduct their undertaking in a way that does not expose non-employees to risks to their health and safety

Maintenance plays an important part in complying with health and safety law. As an employer your duties include:

• safe provision and maintenance of plant and systems of work associated with them
• provision of information, instruction, training and supervision to ensure the health and safety at work of employees
• maintenance of a safe place of work including access and a safe working environment

You cannot delegate your HSWA duties. You might be able to delegate the management of specific functions, but that does not release you as an employer from a legal duty.

In schools, the management of health and safety on the estate is likely to be delegated by the employer. The designated person should ensure that:

• the school meets statutory compliance across all estate areas
• competent persons are engaged to assist with the various compliance areas

Schools and academies also have duties under Occupiers Liability Acts towards pupils, staff and visitors, to ensure that they will be reasonably safe when using the premises.

Where the local authority or other responsible body is the employer, they may delegate roles and responsibilities to school staff, but they must undertake regular monitoring to ensure that local management arrangements are being implemented and are effective.

Premises responsibilities

The HSWA (section 4) imposes duties on an individual or body who has control of the premises. This includes those with obligations for mai

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