Creating a culture of safety - the new Protect Duty
Security preparedness and the staged implementation of 'Martyn's law' for educational settings is a current focus of the DfE. Here's how VWV can help.
Martyn’s Law is centred on the principle of preparedness. It requires organisations responsible for public spaces to assess risks, put proportionate security measures in place, and ensure staff are trained to respond to emergencies. For education providers, the challenge lies in balancing their core mission of providing safe and inclusive learning environments with the additional responsibility of protecting pupils, staff, and visitors from rare but catastrophic threats.
The introduction of Martyn’s Law will add new layers of responsibility for educational institutions, but it also offers an opportunity to enhance safety and resilience. Through proportionate risk assessments, staff training, emergency drills, collaboration with local agencies, and a culture of vigilance, schools can fulfil their duties while continuing to focus on education. The law’s ultimate aim is not to instil fear, but to ensure that educational settings are prepared, confident, and capable of protecting their communities against foreseeable risks. We have developed new policies to be able to support school and college settings with this.
The protect duties under the new Terrorism (Protection of Premises) Act 2025, also known as 'Martyn’s Law', will likely come into force in April 2027. The legislation sets out the Protect Duty and will impose duties (including on schools and colleges) to improve measures to keep others safe and ensure better protection against any threat of terrorism and terrorist attacks.
The Protect Duty will sit alongside settings' existing security and health and safety obligations, and the Government intends for there to be an implementation period of approximately 24 months before the Act comes into force. The recently published DfE policy paper 'How Martyn’s Law will affect education settings' starts the process of support to schools and separate statutory guidance is expected in due course.
As part of a school's wider obligations, the DfE non-statutory guidance 'Protective security and preparedness for the education sector' April 2025 aims to assist schools and colleges in evaluating their security measures and implementing sensible, proportionate responses to identified threats, including deterring terrorists and wider threats such as anti-social behaviour.
An overview of the key updates introduced by the revised guidance
Creating a culture of safety
Perhaps the most enduring duty under Martyn’s Law will be cultural. Compliance is not just about ticking boxes - it is about embedding vigilance into everyday practice. Educational settings must cultivate an environment where staff feel empowered to raise concerns, students know how to seek help, and parents trust that their children’s safety is paramount.
Risk assessment and security awareness
One of the primary duties under Martyn’s Law will be conducting comprehensive risk assessments. Educational institutions must evaluate the vulnerabilities of their premises, from open playgrounds and sports fields to lecture theatres and communal areas.
Based on these assessments, schools and colleges will need to draw up proportionate security plans. These plans will likely cover controlled entry points, visitor management, and clear evacuation and invacuation procedures.
Role of the Security Lead
The guidance states that it is good practice for settings to have clear roles and responsibilities for protective security and preparedness and that schools should have a Security Lead responsible for overseeing and coordinating this. The Lead should carry out regular risk assessments, be appropriately trained in security protocols, be capable of handling emergencies, and be tasked with building community relationships.
Role of the Incident Lead
This role becomes active during an incident and should be responsible for or delegate specific responsibilities during its handling. The Incident Lead should decide on the best immediate response (e.g. lockdown, invacuation, or evacuation) and help everyone remain calm during incidents.
Emphasis on full staff involvement
All staff members should be prepared to assist with lockdown procedures, from locking doors and closing windows to guiding people away from visible areas. For settings unable to hold practice drills, the guidance highlights the importance of clear evacuation routes, familiarity with premises, and rapid lockdown strategies (such as securing doors and keeping lights off).
Embedding a security culture
To further embed a culture of security, settings are advised to take caution when publicising events and activities, providing guidance on how to minimise the risk of hostile actors (e.g. requiring sign-ups or using location codes).
Coordination in shared premises
For settings that share buildings or large outdoor spaces, collaboration with other occupants or community members is highlighted to ensure incident procedures are clear, safe spaces are identified, and plans are revisited whenever circumstances change.
Ongoing training and security measures
Staff (including those on site outside normal hours) should receive security training and be aware of emergency procedures. Additional recommendations are provided for settings using buildings where strict security is harder to maintain, such as community halls, including visitor sign-in systems, clear ID for staff and volunteers, and managing access at peak times.
Post-Incident support and welfare
Settings are encouraged to work with local organisations and community leaders to provide emotional and psychological support after any incident. It is also advised that regular check-ins can help assess and support ongoing recovery of the school community after any incident.
Summary
The revised guidance underscores the importance of coordinated planning, practical security measures, and community engagement, and makes it clear that these recommendations can be adapted for out-of-school settings, especially where facilities are shared. The aim is that by fostering a proactive approach to security, institutions can create safer environments for students and staff, ensuring that learning can continue uninterrupted.
How can we support?
Policies
We advise settings to revise relevant policies for compliance purposes and we have new template policies available to help support education settings in developing their health and safety suite as follows:
- VWV Foreseeable Crisis Policy
- VWV Visitors and Security Policy
- VWV Visiting Speakers Protocol
If you are interested in any of these products, please contact mbenitez@vwv.co.uk.
Crisis management
VWV advice and support in relation to security incidents is available from our expert education lawyers.
If you would like to discuss these or any other regulatory compliance policies or issues, please don't hesitate to contact us.
For more information, please contact Miriam Carrion-Benitez in our Academies and Maintained Schools team on 0207 665 0802 or at mbenitez@vwv.co.uk.