This is Section 17 of the Guide to the Law, as published May 2012.
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This section explains health and safety responsibilities in schools, which are governed by legislation enforced by the Health and Safety Executive (HSE).
PUPIL HEALTH AND SAFETY
1. For information relating to the law on pupil safety on-site and off-site, please see the Department’s advice on Health and Safety for Schools: http://www.education.gov.uk/schools/adminandfinance/healthandsafety/f00191759/departmental-advice-on-health-and-safety-for-schools.
2. The Government is determined to reduce burdens on schools. We want to simplify health and safety requirements and explain them better. The Government is making it easier for schools to take pupils on trips, removing unnecessary paperwork and taking steps to reduce teachers’ fears of legal action. Teachers should be confident that they know best how to look after pupils and keep them safe. The Department’s Health and Safety advice (see above link) summarises health and safety law relevant to schools and explains how it affects governing bodies as well as local authorities, head teachers and other school staff. It covers activities that take place on school premises as well as school trips.
EQUALITY ACT 2010
3. In brief, under section 85 and Schedule 10 to the Equality Act 2010 schools (and LAs) are required to:
- not discriminate against disabled people in their access to education for reasons relating to their disability;
- plan to increase progressively, and over time, access to schools by disabled pupils and prospective pupils.
4. Nothing in the Equality Act 2010 (the ‘EA 2010’) takes precedence over any other statutory duties that responsible bodies (such as the governing body of a school) might have. In carrying out their duties under the EA 2010 governors must ensure that they comply with all other legal requirements upon them. However, the existence of other legislation does not provide an automatic defence in a case of discrimination made under the EA 2010. Governors are expected to take whatever action is necessary to ensure they fulfil their responsibilities both under the EA 2010 and under any other legislation that applies to them.
5. With regard to the Health and Safety at Work etc. Act 1974 and related Regulations, the EA 2010 does not require governors to place employees or pupils at an inappropriate risk if a health and safety issue arises. However, changes to policies and procedures and/or the provision of training may mitigate any health and safety risks that arise in relation to disabled people or pupils. The risk assessment process carried out to comply with health and safety legislation may provide an opportunity to consider adjustments required by the EA 2010.
HOME-TO-SCHOOL TRAVEL AND TRANSPORT
6. Section 508B of the Education Act 1996 requires LAs to ensure travel arrangements are made where necessary to facilitate children’s attendance at school or another educational establishment. “Travel arrangements” may include arranging for someone to escort a child, paying some or all of a child’s travelling expenses, or paying allowances, for example, to his or her parent for transporting the child.
7. LAs have wide discretion in deciding whether transport is necessary, but they must provide free home-to-school transport for eligible pupils of compulsory school age, namely those:
- who live beyond statutory walking distance (see paragraph 11, below);
- with a disability/mobility problems/special needs and who cannot therefore be expected to walk (see paragraph 12, below);
- who cannot be expected to walk because of the nature of their route to school;
- from low income families in certain circumstances (defined as families whose children are entitled to free school meals or who are in receipt of their maximum level of Working Tax Credit. see paragraph 21 below).
(Schedule 35B to the Education Act 1996 defines the meaning of “eligible child” for the purposes of section 508B.)
Low income families
8. The provision for children from low income families removes the lack of affordable transport as a barrier to school choice for these families. LAs must bring information about transport arrangements to the attention of parents.
9. The position will be different for primary- and secondary-school-age children from low income families.
- primary: children aged between 8 and 10 are eligible for free transport only if the child is a registered pupil at their nearest suitable school, which is more than two miles from their home. If the child is attending a place other than a school under arrangements made by the LA, then the place must be at least two miles away from the child’s home.
- Secondary: children aged 11 and over are eligible for free transport where:
i) the child is registered at a school which is between two and six miles from his or her home, and there are not three or more nearer suitable schools;
ii) the child is registered at his or her nearest suitable school based on his or her parents’ religion or belief, that is between two and 15 miles from his or her home; or
iii) the child is attending a place other than a school under Section 19(1) of the Education act 1996, which is between two and six miles from home.
Where a pupil attends a school on the grounds of parental religion or belief that is not his or her nearest suitable school, the LA must take the wishes of the parents into account, but it is not obliged to provide free home-to-school transport. However, the LA can exercise its discretionary powers in deciding whether or not to provide transport to a school of parental religion or belief.
Children not eligible for free home-to-school transport
10. For children not covered by Section 508B of the Education Act 1996, Section 508C provides LAs with discretion to make travel arrangements where they deem it necessary to facilitate attendance. LAs have discretion:
- to pay all, or some, of the child’s reasonable travelling expenses (Section 508C);
- to allow the child to travel in a spare seat on a school bus, to allow the child to travel on payment of a fare (under Section 46(1) of the Public Passenger Vehicles Act 1981); or
- to provide them with concessionary travel on public transport (under Section 93(7)(b) and (c) of the Transport Act 1985).
Statutory walking distances
11. The statutory walking distances are defined in section 444(5) of the Education Act 1996. They are two miles for pupils below the age of eight and three miles for those aged eight and over. They are measured along the shortest available route along which a child, accompanied by an adult if necessary, may walk in reasonable safety.
Children with special educational needs
12. Pupils with a statement of special educational needs (SEN) who have transport needs written into their statement must be provided with free transport to and from school.
LAs are generally only under a duty to provide free transport to a child’s nearest suitable school where the child cannot reasonably be expected to walk, having regard to his or her SEN status. The nearest suitable school for a pupil with SEN may well be within statutory walking distance. If a child is attending a school of parental preference i.e. where the LA considers there is a suitable school nearer the pupil’s home, there is no duty to provide free transport.
13. If a school of parental preference is named on the statement, and the LA decides not to provide transport, the statement should make clear that it is the responsibility of the parents to arrange transport.
Complaints about school transport arrangements
14. LAs must publish their policy on home-to-school transport, including transport to denominational schools, and defend their policy locally (The School Information (England) Regulations 2008).
15. If parents or carers have a query or complaint about the school transport arrangements for their child they should take this up with their LA, which should have an appeals procedure in place. The Department for Education (DfE) can only intervene if it considers the LA is not fulfilling its statutory duties or is acting unreasonably in the performance of its duties (see section 4 of this Guide, Governing body powers, duties and procedures, paragraph 14).
16. The Health and Safety (First Aid) Regulations 1981 set out the requirements relating to employees. It is recommended that schools treat pupils as if they were employees for the purposes of first aid and provide first aid materials and expertise as appropriate, based on risk assessment.
SUPPORTING CHILDREN WITH ADDITIONAL HEALTH NEEDS
17. Some children have additional health needs and may require medicines, adaptations or support to keep well. Governing bodies are required to develop policies to cover the needs of their own setting. Having an additional health needs policy (or including information in health and safety and/or SEN policies) helps ensure consistent arrangements are in place. The policy should reflect those of the employer. Responsibility for the policy will usually be delegated to the governing body, even when it is not the employer. The policy should address emergency procedures, training, supervision, record-keeping, storage and disposal, and should establish a named staff member to coordinate health care needs and to link with parents.
SCHOOL FOOD AND MILK
Provision of milk, meals and other refreshments
18. LAs may provide milk, meals and other refreshments to pupils at maintained schools and others who receive education at such schools, either on the school premises or at any other place where education is being provided.
19. Except where the legislation provides otherwise, LAs may (but are not required to) charge for any milk, meals and other refreshment provided.
“Paidfor” lunch service
20. LAs must provide paidfor lunches for registered pupils and children who receive relevant funded early years education, where the parents request them and it would not be unreasonable to provide them.
Free school lunches
21. Where a request by or on behalf of a pupil is made, the LA or (where the budget for school meals is delegated to them) a school’s governing body must provide a free lunch for pupils whose parents receive:
- Income Support (IS);
- Incomebased Jobseeker’s Allowance (IBJSA);
- an income-related employment and support allowance (ESA(IR));
- support under Part 6 of the Immigration and Asylum Act 1999;
- Child Tax Credit (provided that they are not entitled to Working Tax Credit and have an annual income, assessed by HM Revenue and Customs, that does not exceed £16,190. (Note: Where a parent receives the Working Tax Credit run-on – the payment someone receives for a further four weeks after they stop qualifying for Working Tax Credit - their children are entitled to free school lunches);
- the guarantee element of State Pension Credit.
Children who receive an eligible benefit in their own right are also entitled to free school lunches.
Governing bodies’ duties that arise from the delegation of funding for school meals
22. Where a maintained school has a delegated budget which includes an amount for meals and other refreshments, the LAs’ duties to provide paid-for lunches, where requested, and free lunches to those who are entitled, where requested, are transferred to the governing body.
Children receiving nursery education
23. The Education (School Lunches) (Prescribed Requirements) (England) Order 2003 sets out an additional requirement for children who are receiving nursery education*. These children must be registered pupils receiving nursery education both before and after the lunch period in order to be eligible for free school lunches.
(*Nursery education is full-time or part-time education suitable for children who have not attained compulsory school age.)
24. All school food provided in maintained schools must meet the minimum standards set out in the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007, which came into force on 10 September 2007, as amended by the Education (Nutritional Standards and Requirements for School Food) (England) (Amendment) Regulations 2008 and the Education (Nutritional Standards and Requirements for School Food) (England) (Amendment) Regulations 2011. The amendments reflect minor technical changes to the school lunch requirements for LA-maintained primary, secondary and special schools and pupil referral units. The Regulations introduce combined food-based and nutrient-based standards for school lunches. These require school lunches to provide prescribed amounts of essential nutrients, vitamins and minerals.
25. Where a school has a budgetary element for school meals delegated to it, the duty to ensure that all school food provided meets with these standards is transferred to the governing body of the school.
26. Additional guidance to assist with the implementation of the standards is available on the School Food Trust website.
27. Subject to meeting the requirements of the ‘Nutritional Standards Regulations’, the LA or governing body may decide the content, presentation and cost of school food, set the standard meal allowance for those entitled to free meals.
Facilities for pupils not eating school meals
28. The LA must provide facilities for the consumption of any meals or other refreshment brought to the school by pupils. The LA can decide what facilities are appropriate. However, it is considered that facilities would include accommodation, furniture and supervision so pupils can eat the food they have brought from home in a civilised way and in suitable conditions. Pupils cannot be charged for using these facilities.
29. The governing body must provide the LA with such facilities as they require to enable them to perform their functions in relation to the provision of meals etc.
30. The LA or governing body must ensure that pupils have easy access at all times to free, fresh drinking water on school premises.
31. LAs and schools are not obliged to offer milk to pupils. However, where they choose to do so, it must be provided free of charge to pupils whose parents receive:
- Income Support (IS);
- Incomebased Jobseeker’s Allowance (IBJSA);
- an income-related employment and support allowance (ESA(IR));
- support under Part 6 of the Immigration and Asylum Act 1999;
- Child Tax Credit (provided that they are not entitled to Working Tax Credit and have an annual income, assessed by HM Revenue and Customs, that does not exceed £16,190. (Note: Where a parent receives the Working Tax Credit run-on – the payment someone receives for a further four weeks after they stop qualifying for Working Tax Credit – their children are entitled to free school lunches);
- the guaranteed element of State Pension Credit.
Children who receive an eligible benefit in their own right are also entitled to free school milk.
32. The duty to provide milk free of charge to eligible pupils is transferred to the governing body of former grantmaintained schools and grantmaintained special schools in England. See the Education (Transfer of Functions Concerning School Lunches, etc.) (England) (No. 2) Order 1999 as amended by the Education Act 2002 (School Meals) (Consequential Amendments) England Regulations 2003.
33. Where LAs and schools choose to provide milk, they can also choose to participate in the EU School Milk Subsidy Scheme. European Union (EU) subsidy rules allow LAs and schools to offer nursery and primary school pupils a maximum of 250ml of subsidised milk a day for drinking. The EU School Milk Subsidy Scheme is administered by the Rural Payments Agency and any claims should be made through the LA.
LAs and schools who participate in the EU subsidy scheme will also automatically be eligible for the UK National Top-up Scheme, which further reduces the cost of milk to parents for primary age pupils.
34. Nursery Milk is provided through the statutory Welfare Food Scheme (WFS). The Nursery Milk Scheme reimburses childcare providers for the full cost of purchasing milk they provide, free of charge, to children in their care. All children under five in a day care or early years setting for two or more hours a day are eligible to receive a free daily drink of milk (1/3 pint). This includes some 4 year olds in reception classes at primary schools. For children under one year old, this is given as infant formula.
35. There is no legislation that deals specifically with school uniform, dress codes or other aspects of appearance such as hair colour and style, and the wearing of jewellery and make-up. It is for governing bodies to decide whether there should be a school uniform and other rules relating to appearance, and if so, what they should be. This flows from their responsibility to oversee the running of the school and for their duty to ensure that school policies promote good behaviour and discipline among the pupil body.
36. Schools should consult widely on proposed school uniform policies and changes to established policies. They should ensure their policies are fair and reasonable and have regard to their obligations under the Human Rights Act 1998 and the Equality Act 2010 not to discriminate unlawfully on the grounds of sex, race, disability, sexual orientation, gender reassignment and religion or belief.
37. Schools should give high priority to the cost of the uniform and ensure that it is affordable and does not act as a barrier to parents when choosing a school. They should be able to demonstrate to parents how best value has been achieved and keep the cost of supplying the uniform under review.
38. Head teachers can discipline pupils for breach of uniform/appearance policy as they have overall responsibility for maintaining discipline. However, the DfE does not consider exclusion to be an appropriate response to breaches of school uniform/appearance policy, except where they are persistent and defiant.
Guidance on school uniform and related policies can be viewed on the DfE website at: http://www.education.gov.uk/schools/leadership/schoolethos/a0014144/guidance-for-schools-on-school-uniform-and-related-policies
SAFEGUARDING AND PROMOTING THE WELFARE OF PUPILS, INCLUDING CHILD PROTECTION
39. Section 175 of the Education Act 2002 came into force on 1 June 2004 and placed a duty on LAs, the governing bodies of maintained schools and the governing bodies of further education institutions to have arrangements in place to ensure that they:
- exercise their functions with a view to safeguarding and promoting the welfare of children;
- have regard to any guidance issued by the Secretary of State for Education when drawing up those arrangements.
40. “Safeguarding” covers more than the contribution made to child protection in relation to individual children. It encompasses issues such as pupil health and safety, and bullying, about which there are specific statutory requirements. It also includes a range of other issues, for example: arrangements for meeting the medical needs of children with medical conditions; providing first aid; school security; and drugs and substance misuse (about which the Secretary of State has issued guidance). There may also be other safeguarding issues that are specific to the local area. Guidance about this can be found in Safeguarding Children and Safer Recruitment in Education, which is available to download from the Education website.
41. Where there are statutory requirements, governing bodies should ensure their school has policies and procedures in place that satisfy them and which take into account any statutory guidance issued by the Secretary of State.
42. Governing bodies should, in particular, have in place effective child protection policies and procedures that have regard to statutory guidance issued by the Secretary of State, any LA guidance and locally agreed interagency procedures.
Allegations against staff and volunteers
43. It is important that school staff do not investigate cases of suspected abuse themselves. That is the responsibility of the police and the LA children’s social care department. However, schools can be the very first link in the chain as they are largely in the lead on the identification of pupils suffering from abuse or neglect and referral of cases to children’s social care. Schools should co-operate fully with police and children’s social services in any child abuse investigations.
44. The Department has issued statutory guidance on dealing with allegations of abuse against teachers and other staff and all schools and FE colleges should have procedures for dealing with allegations. These procedures which meet the requirements of this guidance should be in place for dealing with allegations of abuse against members of staff and volunteers who work with children. However, neither the governing body nor individual governors has an automatic role in dealing with individual cases of abuse, or a right to know details of such cases (except when exercising their disciplinary functions in respect of allegations against a member of staff).
45. Detailed advice on dealing with allegations against staff is contained in Dealing With Allegations Of Abuse Against Teachers And Other Staff: Guidance For Local Authorities, Head Teachers, School Staff, Governing Bodies And Proprietors Of Independent Schools, which sets out particular roles for individuals involved in dealing with allegations as well as timescales for different stages in the disciplinary or criminal process. All schools and Further Education Colleges must have regard to it when carrying out duties relating to handling allegations of abuse against teachers and other staff and they should review and, where appropriate, modify their practice and procedures for dealing with allegations of abuse made against teachers and education staff. The guidance can be downloaded from the Department for Education website http://www.education.gov.uk/schools/pupilsupport/behaviour/behaviourpolicies/g0076914/dealing-with-allegations-of-abuse-against-teachers-and-other-staff.
46. If an allegation is made against a teacher or other member of staff the quick resolution of that allegation, which is to the benefit of all concerned, should be a clear priority. At any stage of consideration or investigation, all unnecessary delays should be avoided.
47. In response to an allegation staff suspension should not be the default option. An individual should only be suspended if there is no reasonable alternative. If suspension is deemed appropriate, the reasons and justification should be recorded by the school and the individual notified of the reasons.
48. Allegations that are found to have been malicious should be removed from personnel records and any that are not substantiated, are unfounded or malicious should not be referred to in employer references.
49. Pupils that are found to have made malicious allegations (as opposed to allegations that were not substantiated or were unfounded) are likely to have breached school behaviour policies. The school should therefore consider whether to apply an appropriate sanction, which could include temporary or permanent exclusion (as well as referral to the police if there are grounds for believing a criminal offence may have been committed).
50. The procedures should make it clear that all allegations should be reported straight away, normally to the head teacher, principal or proprietor if it is an independent school. The procedures should also identify the person, often the chair of governors, to whom reports should be made in the absence of the head teacher or principal, or in cases where the head teacher or principal themselves are the subject of the allegation or concern. Procedures should also include contact details for the local authority designated officer (LADO) responsible for providing advice and monitoring cases.
51. Chairs of governing bodies are expected to work with head teachers (unless the allegation concerns the head teacher) and LA officers to confirm the facts about individual cases and to reach a joint decision on the way forward in each case. Chairs have a crucial role to play in deciding courses of action, including disciplinary action, in those cases where a criminal investigation may not be required. In cases where allegations have been substantiated, the chair should work with the LADO and head teacher to determine whether there are any improvements to be made to the school’s procedures or practice to help prevent similar events in the future.
52. Whether the governing body acts collectively or an individual member takes the lead, it is helpful if all members of governing bodies undertake training about child protection to ensure they have the knowledge and information needed to perform their functions and understand their responsibilities.
53. Governors should ensure that a senior member of the school’s leadership team is designated to take lead responsibility for dealing with child protection issues, providing advice and support to other staff, liaising with the LA and working with other agencies.
Safe recruitment procedures
54. Vetting applicants and prospective volunteers working with children to ensure they are not unsuitable is a very important aspect of child protection. Guidance about this can be found in the Checking applicants section of section 11 of this Guide (Staffing), and also in Safeguarding Children and Safer Recruitment in Education, which is available to download from the Education website.
PROMOTING THE WELL-BEING OF PUPILS
55. The Education and Inspections Act 2006 places a duty on governing bodies to promote well-being. The duty came into effect in September 2007.
56. “Well-being” is defined in the Children Act 2004 in terms of:
- physical and mental health and emotional well-being;
- protection from harm and neglect;
- education, training and recreation;
- the contribution children make to society;
- social and economic well-being.
57. Good schools play a vital role as promoters of health and wellbeing in their local community and should always maintain good pastoral systems.
PROMOTING COMMUNITY COHESION
58. The Education and Inspections Act 2006 placed a duty on the governing bodies of maintained schools to promote community cohesion. The duty came into effect in September 2007. It is for schools themselves to determine how to fulfil this duty in the light of their local circumstances.
PROVISION OF CHILDCARE AND OTHER INTEGRATED SERVICES IN SCHOOLS
59. Until September 2008 day care for children under eight provided by schools had to be registered by Ofsted under Part 10 of the Children Act 1989. Since September 2008, under the new requirements for registration for both maintained and independent schools, if the circumstances set out in Section 34(2), 53(2) or 63(3) of the Childcare Act 2006 apply, childcare provided directly by a school no longer has a requirement that it be registered by Ofsted.
60. The Childcare Act 2006 requires Ofsted to operate two registers: the Early Years Register (EYR) and the General Childcare Register (GCR). Providers of childcare for children aged up to the end of the Early Years Foundation Stage (EYFS) (1 September after the child’s fifth birthday) will be required to register on the EYR, and will have to meet the requirements of the EYFS. The GCR has two parts: the compulsory part, on which providers of childcare for children from the end of the EYFS to age seven will be required to register, and a voluntary part, on which providers of childcare for children aged eight and over, and those providers of childcare for children under eight that are exempt from registering, can choose to be registered, if they meet the requirements.
61. Schools must register their early years provision with Ofsted on the EYR and will have to meet the requirements of the EYFS, if it is:
- for children aged from birth to under three years (excluding “rising threes”, i.e. those pupils who have not reached the age of three, but will do so before the expiry of their first term in school);
- only for children who are not pupils of the school; this includes early years provision in a separate, discrete part of the school, such as a nursery for staff members and the community, where the school also has pupils in the early years age group, for example in a reception class.
62. Any childcare for children aged three and over that is provided directly by a school (providing at least one pupil from the school attends) but does not need to be registered by Ofsted will still be expected to meet the requirements for registration and will be inspected as part of the school inspection. For provision covering children aged three to the 1 September after the child’s fifth birthday, schools will need to meet the requirements of the EYFS.
63. Under Section 27 of the Education Act 2002, governing bodies of maintained schools have the power to provide community facilities for the benefit of families of pupils at the school, or people who live or work in the locality of the school. Such services would include day care (providing care for children under eight other than on domestic premises).
64. Further information about the roles and responsibilities of governing bodies in managing community facilities can be found in section 23 of this Guide, Extended activities in schools. Practical guidance and support can also be obtained from the LA.
Governing bodies, where they are the employer, have overall responsibility to make the school secure as part of their health and safety duties. In community, voluntary controlled and community special schools, these duties ultimately rest with the local authority, as employer, which will usually delegate the associated tasks.
65. All schools have a common law power to bar troublesome adults from the school premises. Additionally, the governing bodies of foundation, voluntary aided and foundation special schools have a power under Section 547 of the Education Act 1996 to authorise someone to remove from school premises any intruder causing a disturbance or nuisance. (In community and voluntary controlled schools this power is exercised by the local authority unless it is delegated to the school.) This power of removal is also extended to independent schools.
66. Sections 550ZA – 550ZD of the Education Act 1996 (inserted by Section 242 of the Apprenticeships, Skills, Children and Learning Act 2009 and Section 2 of the Education Act 2011) provide head teachers and school staff authorised by them with a power to search, without consent, a pupil (or their possessions) whom they reasonably suspect may be possession of a “prohibited item”. In this Act “prohibited items” are: knives and weapons; alcohol, illegal drugs, stolen property, any article that has been or is likely to be used to commit an offence, cause personal injury or damage to property, and any item banned by the school rules which has been identified in the rules as an item which may be searched for . There is also a power to make regulations adding to the list of prohibited items that may be searched for and the Schools (Specification and Disposal of Articles) Regulations 2012 made under this provision have added tobacco and cigarette papers, fireworks and pornographic images to the list of “prohibited items”. Revised DfE guidance Screening, Searching and Confiscation – Advice for head teachers, staff and governing bodies was published on 30 March 2012 and is available via the link below. Governors are expected to notify the head teacher to cover screening and searching pupils in the school’s behaviour policy – see Behaviour and Discipline in Schools: Guidance for governing bodies, also available via the following link: http://www.education.gov.uk/schools/pupilsupport/behaviour/behaviourpolicies
67. The DfE does not have a recommendation about the number of adults who should be in charge of pupils during lunch and other breaks. Schools are best placed, on behalf of the employer, to assess any significant risks and to put in enough competent supervisors to manage them.
USE OF FORCE TO CONTROL OR RESTRAIN PUPILS
68. Section 93 of the Education and Inspections Act 2006 gives school staff statutory power to use reasonable force to control or restrain pupils in certain circumstances. Governors should be aware of the general DfE guidance on Use of Reasonable Force – Advice for head teachers, staff and governing bodies. Schools should not have a ‘no contact’ policy. Governors are expected to notify the head teacher to cover the power to use reasonable force or make other physical contact with pupils in the school’s behaviour policy – see Behaviour and Discipline in Schools: Guidance for governing bodies. All of these documents are available via the following link: http://www.education.gov.uk/schools/pupilsupport/behaviour/behaviourpolicies
WHAT LEGISLATION DOES THIS REFER TO?
Health and safety
The Health and Safety at Work, etc. Act 1974
The Management of Health and Safety at Work Regulations 1999: SI 1999/3242
Duty of school governors and head teachers to comply with directions on health and safety from the LA
The Education Act 2002: Section 29(5)
Duty of LAs, schools of all kinds and further education institutions to have arrangements for carrying out the functions with a view to safeguarding and promoting the welfare of children
The Education Act 2002: Section 175. (And to promote the well-being of pupils at the school (section 21(5) – well-being so far as it relates to the matters mentioned in section 10(2) of the Children Act 2004.)
Accidents: reporting and recording
Reporting of Injuries, Disease and Dangerous Occurrences Regulations 1995: SI 1995/3163. From 6 April 2012 these are amended in relation to staff though not to pupils. See http://www.hse.gov.uk/riddor/index.htm
Social Security (Claims and Payments) Regulations 1987: SI 1987/1968
Educational visits: adventure activities
Adventure Activities Licensing Regulations 2004: SI 2004/1309
Please note these are subject to repeal in the course of 2012/13 at least in relation to England and possibly in Scotland.
Power of members of staff to search school pupils without consent for a prohibited item
The Education Act 1996: Section 550ZA – ZD inserted under http://www.legislation.gov.uk/ukpga/2009/22/part/11/crossheading/power-to-search-for-prohibited-items. Prohibited items are knives and weapons, alcohol, illegal drugs and stolen items.
Revised DfE guidance on Screening, Searching and Confiscation – Advice for head teachers, staff and governing bodies is available via the following link: http://www.education.gov.uk/schools/pupilsupport/behaviour/behaviourpolicies/f0076897/screening-searching-and-confiscation. This also includes advice on the school’s power to screen at random.
The Children Act 2004 section 10(2)
Education (School Premises) Regulations 1999: SI 1999/2
FURTHER SOURCES OF INFORMATION
Health and safety
The Health and safety section of the DfE website
The Health and Safety Executive (HSE) website
A priced document is available from HSE Books: Safety Policies in the Education Sector
Accidents: reporting and recording
Guidance on First Aid for Schools – a good-practice guide (DfEE 1998). Free on request from DfE Publications. Telephone 0845 602 2260
 All schools” include Academies, Free Schools, independent schools and all types of maintained schools.