Service Level Agreement 2024-2025 – Maintained Schools, Academies and Non-Maintained Schools – Health and Safety and Emergency Preparedness, Resilience and Response

The two SLAs

The current Service Level Agreements for Health and Safety and Emergency Preparedness, Response and Business Continuity will end on 31st March 2024 and the City Council is pleased to offer Schools these services again for a 12-month period to 31st March 2025.

The Health and Safety SLA has been developed to provide health and safety assistance to Head Teachers and Governors of Maintained Schools, Academies and Non-Maintained Schools in order for them to meet their statutory health and safety responsibilities contained within the City Council’s policies, Arrangements for Managing Health and Safety and Safe Working Procedures as set out in the schools Scheme for Finance.

For further information please go to section 2

The Emergency Preparedness, Response and Business Continuity SLA provides advice to schools to help them respond successfully to different levels of challenge to their operations and reassure parents and governors as to the safety of pupils in the school and provision of this service is also detailed in this document.

For further information please go to section 3

Both services offer a core (basic) service and an additional (enhanced) service, which schools can choose to opt into if they wish, including Academy schools and other non-maintained schools.

Either service can be bought into separately if both services are not required.

School Standards and Framework Act 1998

39. – (3) The governing body and head teacher of –

1.  a community or voluntary controlled school, or
2.  a community special school,

Shall comply with any direction given to them by the local education authority concerning the health or safety of persons on the school’s premises or taking part in any school activities elsewhere

Health and Safety At Work Act 1974

Section 2 – Employers Duties

To ensure so far as is reasonably practicable (SFAIRP) the Health, Safety and Welfare of employees:

• Provision and maintenance of safe plant, machinery and systems of work.
• Safe use, handling, storage and transport of articles and substances.
• Provide Information, instruction, training and supervision.
• Provide a safe place of work.
• Provide and maintain a safe working environment and welfare facilities.

Section 3 – Employers Duties

Extends the duties in section 2 to conduct his undertaking in such a way as to ensure, SFAIRP, that persons not in his employment who may be affected are not exposed to risks to their health or safety.

The Act allows for ministers to create Regulations, these also stipulate what an employer has to do to manage health and safety.

Section 37

Offences by bodies corporate.

1. Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have beencommitted with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2. Where the affairs of a body corporate are managed by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

The Education Act 2002 (as amended)

Section 21(5), (7) and (8) (as amended by Section 38 Education and Inspection Act 2006) which says:

(5) The governing body of a maintained school shall, in discharging their functions relating to the conduct of the school-

1. Promote the well-being of pupils at the school, and
2. In the case of a school in England, promote community cohesion.

(7) In discharging those functions, the governing body of a maintained school in England shall also have regard to any views expressed by parents of registered pupils.

(8) In this section "well-being"-
(a) In relation to pupils at a school in England, means their well-being so far as relating to the matters mentioned in section 10(2) of the Children Act 2004..."

Section 10(2) defines wellbeing as:

1. Physical and mental health and emotional well-being;
2. Protection from harm and neglect;
3. Education, training and recreation;
4. The contribution made by them to society;
5. Social and economic well-being.

Ofsted and Health and Safety in Schools

Governing bodies of maintained schools and Local authorities must comply with the Education Act 2002 (section 175) and have regard to guidance issued by the Secretary of State. The DfES (now DfE) guidance Safeguarding children and safer recruitment in education, makes it clear that schools must provide a safe
environment and take action to identify and protect any children or young people who are at risk of significant harm.

Schools are required to prevent unsuitable people from working with children and young people; to promote safe practice and challenge unsafe practice; to ensure that staff receive the necessary training for their roles; and to work in partnership with other agencies providing services for children and young people. Local authorities have a duty to provide model policies and procedures on all aspects of safeguarding and to ensure that schools are aware of, and comply with, their responsibilities, as part of this, they offer advice and training for schools’ staff and governors

The Management of Health and Safety at Work Regulations 1999

In terms of managing health and safety, the most relevant piece of legislation is the Management of Health and Safety at Work Regulations 1999. As its name suggests, it sets out a number of requirements for employers which include carrying out risk assessments and having effective arrangements in place to manage and monitor health and safety issues within the workplace. It also lays down requirements to provide adequate health and safety training and to take special care for more vulnerable groups such as young workers, pregnant women and temporary workers and have arrangements in place for emergencies.

Health and safety should be approached and managed in the same way as any other business activity. Failure to do so could leave your staff vulnerable to an accident and in turn a possible claim against the Council. Therefore, you need to carry out a risk assessment of your activities and introduce measures to control the risks. This SLA will provide schools with the information, tools and forms necessary to carry out a risk assessment

The School Premises (England) Regulation 2012

Stipulate minimum standards for school premises (Classrooms, halls, gymnasiums.

Schools and colleges are also covered by the Workplace (Health, Safety and Welfare) Regulations 1992, which outline provisions that must be made in relation to the work environment (school office)

Other regulations

• Control of Asbestos Regulations (CAR)
• The Manual Handling Regulations (MH)
• The Display Screen Equipment Regulations (DSE)
• The Workplace (Health, Safety and Welfare) Regulations
• The Personal Protective Equipment Regulations
• The Provision and Use of Work Equipment Regulations
• The Lifting Operations and Lifting Equipment Regulations
• The Noise Regulations
• The Vibration Regulations
• The Regulatory Reform (Fire Safety) Order
• The Control of Substances Hazardous to Health Regulations (Including the
  ACOP L8 The Control of Legionella)
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
  (RIDDOR)
• Ionising Radiation Regulations 2017 (IRR17)