Do I really need to do Risk Assessments ?
Absolutely,this is required under a whole series of regulations and law. If an accident occurs and you have no risk assessment in place you are exposed to prosecution.
Do I need written Risk Assessments?
The long answer here is that there is no specified form for Risk Assessments and HSE do not specify that all RAs be written down.
However, there is an old legal rule which is, "if it isn't written down it didn't happen".
Whatever happens you must have a system to manage risk in school which includes Risk Assessments which are regularly reviewed.
Most special cases of hazards in school,where there is no exisiting School Operating Procedure covering the Risk arising from the Hazard,will require a written Risk Assessment.
For general applications in the classroom and playground schools will almost certainly have their own or LEA procedures for activities which carry with them an element of risk.
The Teacher (and Classroom Assistants) will implement these classroom or Operational Procedures.
For example, the use of cutting implements with a Year 2 Class carries with it the need for more supervision than for say the equivalent Year 4 Class.
This increased risk should be reflected by the application of the procedure by the teacher.
The Teacher is a "competent person" trained to evaluate and deal with "ongoing risk assessment" in a classroom.
This means that a general school procedure and the Teacher's application of this should comply with the requirement for a RA in these cases.
Provided such a procedure exists and staff are trained to apply it and recognise that they are actually doing a Risk Assessment.
Someone told me I needed a Risk Assessment for my photocopier or something else that I think is safe - Do I really need a Risk Assessment?
The HSE itself answered the question about photocopiers..... you can find their answer at their website. on Risk Assessment.
The sense of their FAQ answer was "nonsense".
People working in safety are just as alarmed as everyone else by the growing numbers of Risk Assessments which start from the principle that everything is hazardous.
Risk Assessments only need to be applied where you can actually identify a hazard.
If you carry out a Hazard Identification you may wish to include items which you are unsure of but some basic research should tell you if these items have a history of hazard.
If they do you then should do a Risk Assessment.
If they do not there is no need for a RA or you may wish to record your checking with an RA which says "minimal or no perceivable risk - Action None - Review date in 12 months or if circumstances change".
I have been provided with Risk Assessments from my employer.Can't I just use these?
What you have actually been provided with is a set of "models" or templates.It would be extremely dangerous to use these unchanged without going through a proper process.You need to identify and assess Hazards,then work out how to control.reduce or avoid them and it is this formal process which gives you your Risk Assessment. That is to say,that all risk assessments are specific to the circumstances in your school.
Do I need a Risk Assessment for play?
Yes and you should exercise reasonable supervision but remember all the legal precedents show that the courts regard play as necessary to a child's development and it is accepted that play carries with it some risk. You should aim your playground procedures and Risk Assessments to reduce and control risk. Risk from play cannot be eliminated.
What is the position on Risk Asssessment for traffic outside the school e.g "The School Run"?
HSE say - Schools need to assess the risk from vehicle movements on their premises and manage those risks in line with current workplace transport guidance e.g. segregation, marking and lighting. Schools should consider in their risk assessment vehicle movements occurring immediately outside the school premises which may be associated with school activities, such as staff arriving and leaving work, school buses delivering pupils, delivery vehicles.
Who can carry out a Risk Assessment in my school ?
Any "competent" person.
This would mean that for teaching activities a qualified experienced teacher could do Risk Assessment for any teaching activity.
You would need someone with the appropriate"knowledge,skills and experience" to carry out for example a Risk Assessment on your school's electric systems.
In addition, you would need to have a Risk Assessment system and to have trained people to work within the system so that your Risk Assessments were done to an appropriate standard and reviewed and updated according to need and a defined timeline.
See the Toolkit for Hazard Identification, Risk Assessment (HIRA) where you can find a system and some 60 Risk Assessment Templates.
COES School Safety II - School Risk Assessor Training Option gives you a person with appropriate skills to assist in the running of a Risk Assessment system for the school.
What needs to happen to a risk assessment for a school outdoor activity if circumstances such as the weather change?
Any Risk Assessment is subject to ongoing review. If, for example, the weather conditions change an Ongoing Risk Assessment could well determine change of activity. In fact, in such circumstances the HSE Report into the Glenridding Incident suggests that "there should always be a Plan B".
It seems everything is a risk - is safety completely out of hand?
On the contrary Judith Hackitt who has just taken over as Chair of the HSC(late 2007) has put it very clearly at a speech at the Royal Society of Arts. Children need to experience and learn how to handle risk. We all grow and learn by experiencing risk in the real world.All HSE has done is to aim to drive down the number of preventable accidents, and most accidents are preventable.No one wants children wrapped in cotton wool and trees cut down to stop children climbing on them,but common sense suggests that rotten branches should be pruned! Certainly low risk games like conkers don't need protective clothing.The rule shoud be where there is a real risk of physical danger deal with it - but dealing with it and a risk assessment may mean a supervision or a verbal warning not protective clothing.
Who is responsible day to day for the school site under safety law?
Under safety law a "person with responsibility for the site "is the person defined as responsible. In a school this is the Head teacher who is responsible for implementation of the employer's H&S policies and procedures on the site (and off site on official school visits/activities).
What is the responsibility of the LEA or Employer?
They must set suitable systems, policies and procedures and monitor and audit to see that safety is being managed on all their school sites.
I see a Head has been prosecuted under safety law - why?
If a Head teacher fails to carry out their duties under safety law they lay themselves open to prosecution when things go wrong. To date HSE database only actually records only one prosecution of a Head .However, there have in fact been three such prosecutions.We can look to the general principle of when "persons with responsibility for a site" (see FAQ on Responsibilities)are prosecuted and fined.
1. Generally there has been a serious incident followed by an investigation.
2. The person in charge of the site or operation has not just been negligent but has demonstrated a serious or gross degree of negligence in discharging their duties.
These two points accord very well with the facts in the recorded prosecution of the Head teacher.
What happens if HSE takes me to court?
HSE can prosecute for any offence under Safety Law.If a death has occurred and the person is prosecuted as "manslaughter" and the person is found Not Guilty or in England and Wales CPS decides not to prosecute, HSE may still bring a prosecution under Safety Law.
HSE prosecutions are made in the Criminal Courts, in England and Wales the Crown Court.
Most offences are dealt with by a fine but penalties can be high and imprisonment, though rarely used, is possible under the law.
However, all this means that a guilty verdict for a safety offence is reportable under Disclosure. This could have a knock on effect as regards employment rendering someone who has been prosecuted and found guilty essentially unemployable. To my knowledge the effect of such a Disclosure on employment has not been tested yet. I would strongly suggest that legal advice should be taken as soon as possible for anyone in such a position.
What might happen if someone dies in an incident in school or on a school visit?
This is well documented in the case of a death two investigations made;one by the Police and the other by HSE. A single file from these two investigations is given in England and Wales to the Crown Prosecution Service and they decide on any prosecution.
A prosecution against an individual for manslaughter in England and Wales can only be made by CPS and then only if they believe that there has been gross negligence.(see the HSE Report on the Glenriddings Incident)
In Scotland such a case follows broadly similar rules but the Procurator Fiscal's Office takes the decision to prosecute the offence of unlawful killing.
Larger organisations seem to get off with a fine even when people are killed - why?
At the moment a case of manslaughter cannot proceed unless an individual can be pinpointed whose actions or inaction can be defined as grossly negligent.
This will be true even under the new Corporate manlaughter law.
At the moment in large companies Directors are insulated by Safety Management Systems and layers of procedures and it makes it almost impossible to prove gross negligence against senior individuals since management functions are often widely distributed.
This is what happened in the case of Jarvis and the Hatfield Incident - CPS could not identify a grossly negligent individual. In this instance the case reverted to the HSE for prosecution under safety law.A similar reversion happened with the shooting of a suspected terrorist by the Metropolitan Police.It is the duty of the CPS(Procurator Fiscal's Office in Scotland) to prosecute when a death is involved.If the CPS etc do not proceed the case then HSE may and in fact do prosecute on a lesser charge.
It is difficult to see how te offence of Corporate Manslaughter might be implemented. It still seems that there would need to be an individual identified who has been grossly negligent for an action to succeed. No doubt we shall see what is intended.
However, there is currently a rewrite of the guidance to the Management of Health and Safety at Work Regulations and this may see a much clearer apportioning of responsibility baclk to senior management.
NB LEA and Council Directors are classed as "directors" for the purpose of these regulations.
What safety training do I need to do for my school?
HSE defines the safety training needed in their free brochure to briefly sum this up you need to be sure that :
1. Safety Induction Training is given to all new staff and site users.
2. General Safety Training in Policies procedures, Duties and Responsibilities is given to all staff
3.Specific Safety Training in items appropriate for specific job grades e.g Manual Handling for the School Caretaker,Equipment training for equipment,First Aid Training
4. Refresher Training when new procedures are introduced or updating is needed. Suggested Refresher Training every 2/3 years.
You may like to consider whether you appoint a School Safety Trainer - COES School Safety II can help you deem a member of staff competent to carry out this task.
How do I ensure that ALL my staff have appropriate safety training without it costing a fortune?
Make sure that you define a Basic Safety Training Requirement.
This is a defined minimum of safety training that enables everyone in the school to function within the confiines of the school safety framework.
We have developed the School Safety (COES I) course to be such a course with inbuilt training to ensure all staff know their duties and responsibilities,how to identify hazards, risk assessment,school visits, emergencies etc etc
This is the first School Basic Safety Training Requirement developed and all you simply need to do is to define success in this Open learning Course as your school's minimum requirement.
How can training help me distribute safety management?
The Head teacher can't do everything and day to day running of safety in a school needs help. You should seriously think about training up staff to carry out the following functions:
1. Safety Training
2. Education Visits Co-ordination
3.Safety Committee Operations
4. Risk Assessment Co-ordination
These are covered in the COES - School Safety II Qualification
What guidance is there on the inclusion of risk management in educational learning?
The start of the September 2000 academic year saw risk concepts and health and safety included in the National Curriculum for England in the subject areas of: science; design and technology; art and design; information communication technology; and physical education.The HSE has its own website that provides guidance and support materials for teachers and lecturers to meet their need for material to help them plan lessons and lectures. Guidance and support material for planning lessons and lectures at http://www.hse.gov.uk/education/index.htm
What is a Basic Safety Training Requirement and why should I have one?
Any site has it's own specific hazards,policies and procedures. A Basic Safety Training Requirement is generally a course which covers the full scope of the training needed for your site. If you devise this carefully then you can cover the full range of safety issues at a basic level and extra safety training will only be needed for people with special tasks.The College of Teacher's COES I - School Safety is such a course.
Woodworking Machinery: The potential conflict between Provision and Use of Work Equipment Regulations 1998 (PUWER 98) and BS 4163
Schools and colleges with woodworking machines will need to comply with the requirements of PUWER 98. They will be able to do this either by installing new machinery which meets the braking requirements of PUWER 98, or by upgrading their machinery so that braking requirements are met.
Risk assessments of the classroom will also be required, and if that risk assessment indicates that a wall mounted emergency stop is necessary due to the special circumstances within the classroom environment, then the school/college will need to satisfy themslves that the emergency stop allows compliance with PUWER. The Risk Assessment will also need to adequately address the risk of kick-back and classroom management.
How should schools be managing vehicle movements including immediately outside the schools
Schools need to assess the risk from vehicle movements on their premises and manage those risks in line with current workplace transport guidance e.g. segregation, marking and lighting.
Schools should consider in their risk assessment vehicle movements occurring immediately outside the school premises which may be associated with school activities, such as staff arriving and leaving work, school buses delivering pupils, delivery vehicles.
Further information on managing risks from workplace transport can be obtained from HSE Workplace transport website.
What is HSE's involvement in incidents occurring on school buses?
HSE should only be involved in investigating a road traffic incident where police demonstrate that serious management failures have been a significant contributory factor.
It is a matter for the Vehicle and Operator Services Agency (VOSA), who award the licences for bus routes, to comment on whether bus companies are operating a safe system of work, as it is here that the knowledge and expertise on matters relating to passenger transport rest.
What measures are there to protect children from back injury sustained through carrying heavy school bags?
There is no specific health and safety legislation limiting the weight that children in school can carry.
Section 3 of the Health and safety at Work etc. Act 1974 imposes some duties on employers and the self-employed towards persons other than their employees such as school children. These are amplified by the Management of Health and Safety at Work Regulations 1999 which require an assessment of the risks arising from work activities which affect the health and safety of those not in their employment. Although Section 3 may apply, other non-HSE legislation concerning the welfare of school children takes precedence. This is an area for Department for Education and Skills pupil health and safety team to deal with, info@dfes.gsi.gov.uk.
What guidance is there on the inclusion of risk management in schools?
The start of the September 2000 academic year saw risk concepts and health and safety included in the National Curriculum for England in the subject areas of: science; design and technology; art and design; information communication technology; and physical education.
HSE's has its own website that provides guidance and support materials for teachers and lecturers to meet their need for material to help them plan lessons and lectures.
Guidance and support material for planning lessons and lectures
What do the Working at Heights Regulations mean for me?
In 2003/2004 falls from height accounted for 67 fatal accidents at work and nearly 4000 major injuries. They remain the single biggest cause of workplace deaths and one of the main causes of major injury within the UK.
The Work at Height Regulations came into effect on the 6th April this year. The Regulations apply to all work at height where there is a risk of a fall liable to cause personal injury.
Previously there were no regulations within the UK solely dedicated to Work at Height and instead provision for this topic was within the Management of Health & Safety at Work Regulations and the Construction (Health, Safety & Welfare) Regulations. The new regulations make work at height requirements much clearer as all current laws are now brought together in one place.
The over-riding principle of the new legislation focuses on a system of control which sets out a simple hierarchy for managing work at height. Emphasis is also placed on the fact that risks from work at all heights are taken seriously and that we must challenge the misconception that no risks exist with work at height.
Typical examples for teachers are:
- Reaching to place pupils’ work on the walls in classrooms.
- Placing or removing stationery etc. stored at high level in storerooms.
- Putting up/taking down Christmas decorations.
Typical examples for maintenance staff are:
- Replacing light bulbs or maintaining and adjusting stage lighting.
- Window replacement, painting, decorating and cleaning, and other areas of building maintenance.
- Erecting and dismantling stage displays and backgrounds.
Local authorities such as the Royal Borough of Kingston on Thames have pursued a number of initiatives to reduce the number of low falls accidents in schools:
- Eliminate the need for teachers to use tables and chairs by the provision of small portable stepladders and ‘elephants foot’ type steps. Ensure these are in each classroom where possible, so teachers are not tempted just to use what is to hand.
- Training on the safe use of working at height equipment, including simple pre-use checks.
- Risk assessment courses for Head and Deputy Head Teachers to ensure senior staff are aware of all areas of low fall risk in the school (areas such as storing at high levels in stationery cupboards can often be overlooked).
- Staff training to ensure they are aware of all the different methods of reducing the risk of working at heights that are available in the school.
- Consider using ‘washing line’ type displays and using poles to open windows, thus avoiding the need to work at height.
What do the Asbestos Regulations mean for my school?
Asbestos and asbestos containing materials may be found in schools built or refurbished before blue and brown asbestos were banned in 1985.
Some asbestos containing materials such as asbestos cement were used up until 1999.
High risk areas include: asbestos moulded or preformed lagging used as thermal insulation on pipes and boilers sprayed asbestos used for thermal insulation, fire protection, partitioning and ducts asbestos insulating board used for fire protection, thermal insulation, partitioning and ducts some ceiling tiles Low risk areas include: asbestos containing floor tiles asbestos cement roofing certain textured coatings If the material is disturbed or becomes damaged then asbestos fibres may be released into the air and could present a risk to people who breathe them in.
Some cases have been settled in 2004/5 involving claims in regard to teachers who have contacted mesothelemia and this has been linked to long use of Asbestos Display Boards/Walls.
The new Regulations put in place a regime which identified the EMPLOYER (e.g.LEA) as the duty holder and NOT the Head teacher.........
The duty holder had to appoint a competent person to manage all asbestos within their sites.
This means that all Asbestos and asbestos containing materials should be identified ,listed and risk assessed by the Asbestos Manager and that staff in schools should be made aware of what materials are within the school.
Some damaged asbestos can be made safe by repairing it and either sealing or enclosing it to prevent further damage. Where asbestos cannot be easily repaired and protected it should be removed by someone who is trained and competent to carry out the task.
What is HSE's involvement in incidents occurring on school buses?
HSE would only be involved in investigating a road traffic incident where police demonstrate that serious management failures have been a significant contributory factor.It is a matter for the Vehicle and Operator Services Agency (VOSA), who award the licences for bus routes, to comment on whether bus companies are operating a safe system of work, as it is here that the knowledge and expertise on matters relating to passenger transport rest.
Why are slips and trips so important as hazards and for risk assessments?
Because about 30% of all accidents in the workplace can be traced back to slips and trips hazards. This is why HSE have targeted slips and trips as an area for reduction. This is laid out in their strategy and plan to 2010. HSE have a slips and trips website and the following should be helpful. Know someone that may want to receive the slips and trips e-bulletin? Know someone that may want to receive the slips and trips e-bulletin? New slips and trips mapping tool - an aide for safety representatives.
Is stress regarded as a risk in schools by HSE?
Definitely. If you go to the HSE Stress at Work Website at http://www.hse.gov.uk/stress/standards/index.htm you will see a set of Management Standards which go to make up the HSE Toolkit. The first step which they outline is to "Identify the Hazards" which may cause stress. Furthermore, in their Introduction they identify stress as a major cause of occupational ill health. I would strongly urge any Head teacher or member of the school SMT to look at HSE's guidance and use it!
I have heard that Asbestos in schools has caused deaths of teachers is this true?
Health and Safety Executive (HSE) figures show 147 education workers died from mesothelioma in the decade between 1991 and 2000 - 73 of them primary and secondary school teachers....More recent figures showing 42 deaths are reported in HSE's most recent statistics on asbestos. Cumbrian coroner David Osborne last year called for asbestos to be removed from all schools to protect pupils and staff . He was speaking at the conclusion of an inquest into the death of John White (known as Ian) who was a former headteacher at St Cuthbert's RC School in Botcherby, Carlisle. Mr White, who was 65, died of the industrial disease mesothelioma after coming into contact with asbestos during his time there. The new Asbestos Regulations call for Asbestos to be managed by the employer (NOT the Head teacher). Some of the deaths were linked to asbestos walling and displays being pinned to asbestos board. This type of exposure is not likely to be an issue today but you should still check with the employer Asbestos Manager.
Violence,or the threat of violence, is always a hazard in schools.How does this relate to school safety and what do we need to do ??
The European Agenccy (EOSHA) has produced a very good document on preventing Violence in schools. Their figures show that 4% of staff have actually been assaulted and at least 12% have been threatened in the year of their study(2000). It is for the Employer to protect staff and effectively this means that where there may be a specific possibility of violence from a pupil or parent a RA needs to be put in place...as well as suitable policies and procedures to deal with the generality. We have put the EOSHA's pdf on "Preventing Violence in the Education Sector" in Files you may wish to access this very detailed document.
What might be regarded as the major hazards in schools?
The most common kind of major injury reported in education was caused a slip or trip, with 571 injuries of this kind (55%). 103 major injuries (10%) were due to being struck by a moving or falling object. The most common cause of injuries leading to 3 or more days absence were handling injuries with 804 injuries (31%) and slips and trips with 783 (30%). 325 over-3-day injuries (12%) were due to physical assault or violence. The rate of incidence of stress is nearly twice the all industries average and HSE have recorded stress as the predominant cause or work related illness in the education sector.(Source HSE statistics) http://www.hse.gov.uk/statistics/industry/education.htm
What are the hazards which might arise from using interactive whiteboards?
The major hazard is the intensity of the light from the projector which could carry the risk of serious damage to eyes.Many whiteboards have been installed in schools across the UK but training to support the safe use of this equipment has sometimes not been prioritised. Recommendations on the procurement and use of interactive whiteboards can be found at - Becta whiteboard safety advice <http://schools.becta.org.uk/index.php?section=lv&&catcode=ss_lv_saf_hs_\03&rid=12898> . and National Whiteboard Network guide at http://www.nwnet.org.uk/pages/rev_imp/learning_env.html
The College of Teachers has an online training course for classroom use of Whiteboards.
What hazards do Mobile Phones pose for children?
The Stewart Report published January 2004 has been definitive.Children are more vulnerable -There is evidence that at the frequencies used in mobile phone technology, children will absorb more energy (per kilogram of body weight) than adults. A one year old could absorb around double, and a five year old around 60%, more than an adult. Additionally, since children are being exposed to RF radiation from base stations (and from mobile phones) from a younger age than adults, they will have a longer time in which to accumulate exposure over the course of their lives, and a longer time for any delayed effects of exposure to develop.“It is not possible to say that exposure...is totally without potential adverse health effects – Stewart Report “ In 2007 Swedish research on long term users of mobile phones indicated a possible link with tumours and suggested a doubling of risk.They drew attention to the fact that children’s skulls were thinner and risks were likely to be higher.At the moment best information was summed up by recommendations from Professor Stewart – “Today Programme” – 12/1/2004 • Children Under 5 should, in general, not have access to mobile phones.• Children Under 10 should use mobile phones only for safety reasons.Parents have been shown to be actively encouraging their children to have mobiles for safety reasons and it would perhaps be appropriate to draw parents’ attention to the facts before making any unilateral ban in a school.
As a Head teacher,what do I need to do to comply with the law?
In addition to the specific concrete steps of ensuring that you have displayed your H&S poster,your school has a safety policy and specific emergency procedures as well as staffing and equipment for first aid.You will need to ensure that staff are trained and competent.This includes Induction Training for new staff,Job Role Training and training for any new equipment.. You will also need to prove that you are managing safety.(see safety management section). This would include ensuring hazards are identified and that all risks are assessed and addressed as well as issues like ensuring update/refresher training and assessment of safety competence for staff teaching outdoor activities or supervising school trips.Look at the European Occupational Safety and Health Agency Guide to managing safety in education. You can find this on the Yahoo Safer Schools Group under Files. Join the group on this website.
Are there any examples of head teacher's being prosecuted for failing in their safety duties?
Yes,we know of three cases in about the last 5 years. 1.Scottish Head prosecuted and found guilty(fined £300) after a P1 child found unconscious in the water during a school trip. 2. Head and LEA in Derby prosecuted after asbestos released in school during contract works -Head found not gulity LEA fined. 3. English Primary Head prosecuted after death of child subsequent to a fall in school from hazard identified but not repaired - found guilty and awaiting sentence.See reports in articles search under "prosecution."
When might I expect a visit from HSE inspectors to my school?
In fact you may never see an Inspector as HSE records show that 90-95% of all inspections are in response to reports submitted under the Reporting of Incidents,Infectious Diseases and Dangerous Ocurrences Regulations(RIDDORS). Other reasons for visiting include an"initiative" in your area. An example of this was an initiative by HSE to inspect "traffic on site" in organisations in Kent.Some Schools received "notices" as a result of these inspections.
What are the Headteacher'sresponsibilities under safety law?
The head is the "person with responsibility for the site and as such MUST ensure that Employer's(Authority's) policies,procedures and standards relating to health and safety are maintained and implemented. Essentially the Head is responsible for the management of safety on the school site and should be able to demonstrate that they have a safety managment system..
What are the powers of an HSE Inspector. Can they just walk on to my school site?
An inspector may visit you at any time,talk and take evidence from any person on site,take away materials for evidence and bring anyone on to site who the inspector wishes to assist with their investigation.Under safety laws the inspector can issue "notices" of two types "prohibition" - stop an action immediately aand "prohibition" - improve a situation,operation,procedure within a given time frame. In addition to all this an Inspector can prosecute(or in Scotland and for manslaughter in England and Wales) recommend/initiate the prosecution process under protocols with the Police and the Procurator Fiscal's Office..
I have just been appointed as Head teacher of a school which seems to have no safety management.What do I need to do to start to manage safety?
There is one thing you need to do first before you even start, this is to ask,in writing, for sufficient training in the employer's safety management system,policies and procedures which you will be required to implement. Then check that the school has it's own specific H&S policy, Emergency Procedures, and issues such as signs,posters, First Aid equipment and personnel are in place. Check that all HAZARDS in the school have been identified and Risk Assessments are in place. Have all staff been trained ? If not arrange for training - Induction for new staff is simplest and easiest to implement first. Most importantly,ensure that all your findings in checking these issues are written down. This provides a record of you managing safety in your school. Finally produce a plan and prioritise. You may find your Teacher's Union Representative helpful in "getting a handle" on the existing position.Look at the European Occupational Safety and Health Agency Guide to managing safety in education.
What about litigation in case of an accident?
There was a spate of claims against schools when lawyers suddenly were allowed "risk and reward" litigation. Many of these claims,against schools,teachers,governing bodies or LEAs were fairly speculative.Some were successful but the principle was clearly established that children MUST play and that all play and games have some element of risk which can never be absolutely controlled.Best advice is that if you follow "good practice" i.e. best advice and practice you will automatically discharge your "duty of care".The old maxim is - "no one was ever prosecuted for following good practice."The need for trained staff here is paramount .....records of any incident need to be precise and staff need to have a clear knowledge of legal basis of their duty of care.
What might happen if someone dies in an incident in school or on a school visit?
This is a well documented HSE Inspector's procedure. In the case of a death two investigations are made;one by the Police and the other by HSE. A single file from these two investigations is given in England and Wales to the Crown Prosecution Service and they decide on any prosecution.
What happens if a head is prosecuted under safety law and is fined?
Most offences are dealt with by a fine but penalties can be high and imprisonment, though rarely used, is possible under the law. However, all this means that a guilty verdict for a safety offence is reportable under Disclosure. This could have a knock on effect as regards employment rendering someone who has been prosecuted and found guilty essentially unemployable. To my knowledge the effect of such a Disclosure on employment has not been tested yet. I would strongly suggest that legal advice should be taken as soon as possible for anyone in such a position.
With devolution the law in Scotland,Northern Ireland and Wales is different so surely these differences apply to safety laws and prosecutions?
Not as much as you miight expect.Firstly the law governing safety is a UK law applying to the whole country. Secondly,the UK laws are being "harmonosed" so that safety law in fact will be the same throughout the EU.Thirdly, the differences where they occur are administrative in nature e.g. the HSE is the responsible executive body theoughout the UK but whilst it can prosecute directly in England and Wales,in Scotland it has a protocol with the Office of the Procurator Fiscal to whom it must present a file for prosecution.
What prosecutions have HSE made and under what law are prosecutions made?
Most of the high profile cases in Education involving imprisonment of teachers following the death of pupils have actually not been made directly by HSE. Where a death occurs,this is investigated under a protocol made between HSE and the Police, HSE and the police investigate such a death separately and both prepare a file. HSE then pass their file to the police investigators who make a single file for presentation to either the Crown Prosecution Services or The Procurator Fiscal (Scotland). It is these Law Officers who decide on any prosecution. Only after such a serious case(manslaughter/unlawful killing) has been heard and decided may the HSE prosecut. In Scotland HSE may then offer a file for prosecution by the Procurator Fiscal - in England and Wales HSE may proceed themselves. In all cases the prosecutions undersafety law are made in the criminal courts and most usually under the Health and Safety at Work Act or the various Regulations including the Management of Heath and Safety at Work regulations.
What happens after an individual has been prosecuted for a safety offence?
In reality,we have no real idea as no records are kept but a general rule is that if a person is prosecuted and found guilty then this is a record under the Criminal Court system and for a teacher would definitely show up at Disclosure! All we can really say is that of all the people prosecuted directly recently I do not believe any are still working full time in schools.
What about Civil Liability and claims against schools and teachers under "safety law"?
No claims can be made by a person under the safety laws. These are matters for the HSE and other authoritie. Claims based on safety issues are generally claiming that a person was damaged/injured because the school or teacher breached their "duty of care" .Only where gross negligence is alleged/involved which has led to a death/serious injury might a criminal prosecution preceed a civil claim.Claims are best avoided by managing school safety,i.e ensuring staff training and keeping excellent records.
