The legal responsibility (and thus the accountability) for Health and Safety lies with the employer.
So, in different types of schools: who is the employer?
This will depend on the category of school. In England, the Local Authority is the employer in:
- Community schools, community special schools, voluntary controlled schools, maintained nursery schools.
The Governing Body/Trustees is the employer in:
- Foundation schools, foundation special schools, voluntary aided schools, Academies and free schools
The proprietor is the employer in independent schools.
Note: Although overall accountability lies with the school employer, other senior school managers involved in the day to day running of the school also have responsibility for the health and safety of staff and pupils.
Voluntary Controlled Schools
The Local Authority (LA) is the employer and has overall responsibility for health and safety compliance. This responsibility cannot be devolved. The LA must provide oversight and monitoring.
A Voluntary Controlled school is usually a religious or faith school, where the land and buildings are owned by a charity (often religious) but the local education authority funds the school, runs it, and employs the staff.
Voluntary Aided Schools
The governing body is the employer and so is responsible for health and safety.
A Voluntary Aided school is usually a religious or faith school, where the land and buildings are owned by a charity (often religious) but the governing body runs the school and employs the staff, and the school is jointly funded by the local education authority, the governing body and the charity.
Converting to an Academy?
Many schools converting to an Academy are not aware of the change in Health and Safety responsibility. In conversion the focus is usually on finance, HR and Governance and Health and Safety is often overlooked.
A school should update their health and safety policy to reflect Academy status and the changes this brings in responsibilities.
Some LA’s provide a buy back service to Academies and VA schools but most seek out a health and safety consultant.
Cousins Safety are experts in Health and safety in the education sector and have a passion for ensuring risks are managed appropriately so that schools can focus on what they do best which is teaching and learning.
Please get in touch to find out more about the services we offer call 01480 719007 or email info@cousinssafety.co.uk