The Protect Duty - Considerations for Charities and Its Upcoming Obligations

With draft legislation published on 2 May, the Protect Duty, also referred to as 'Martyn's Law', will impose duties to improve measures to keep others safe and ensure better protection against the ongoing and evolving threat of terrorism and terrorist attacks.

The duties will apply widely and across a range of organisations including charities who are responsible for publicly accessible locations and where qualifying activities take place. It applies to high capacity locations used for purposes such as entertainment and leisure, retail, food and drink, museums and galleries, sports grounds but it will also apply to places of worship, schools and universities.

What Does This Mean for Charities?

The proposed duty will apply to eligible locations which are either a building (which will include groups of buildings used for the same purposes, eg, larger sites where your charity may operate) and events (including temporary events) that have a defined boundary to which the public, or a section of the public have access.

The duty will set two tiers - standard and enhanced - based on maximum capacity (100+ and 800+ respectively). It is anticipated that the majority of charity events will require the standard tier to apply, although we anticipate that certain events or activities may fall within the enhanced tier.

What Will We Need to Do?

This proposed duty will sit alongside a charity's existing security and health and safety obligations.

The standard tier - will focus on "simple yet effective activities to improve protective security and preparedness".

This will include training, raising awareness, sharing information and risk assessing events with the aim to ensure that staff are prepared to respond quickly to evolving situations and have confidence in making quick effective decisions which have the potential to save lives.

The aim is to ensure that organisations are better prepared to respond quickly to evolving situations, aware of what processes they should follow, able to make rapid decisions and carry out actions that will save lives.

Proportionality is a key consideration with a tiered model being established, linked to size and nature of the activities taking place. Many organisations will have already considered security risks as part of their risk assessment process and so it may not require significant further work on their part. Examples given could be as simple as establishing procedures to lock doors to delay intruders' progress and access whilst guiding staff and others to alternative exits.

However, organisations should be aware that the Government also intends establish an inspection and enforcement regime in order to promote compliance and that body will have the power to impose sanctions of breaches of the obligations. Examples of the proposed enforcement and sanction regime include contravention notices and penalty notices of up to £10,000 with the potential for an additional daily penalty of up to £500 per day. As such, it is important that organisations start to plan for the changes now.

What About Locations Run by Volunteers?

Locations with a maximum occupancy at any time of less than 100 will fall out of scope, however, they will still be encouraged to adopt good security practices on a voluntary basis.

It is recognised that charities, community groups and social enterprises own and operate a broad range of locations (museums, national trust sites, sizeable public venues eg, the royal opera house and national theatre). Some organisations also hire out premises to others for various purposes. As most locations owned or operated by charitable organisations, community groups and social enterprises will likely fall below the 800+ capacity threshold, they will fall within the standard tier.

All places of worship will be placed within the standard tier of the duty regardless of their capacity, barring a small cohort across all faiths that charge tourists for entry and/or hire out the site for large commercial events.

When Will This Come Into Force?

Whilst a date is not confirmed, it is likely that the additional duties will take effect at some point this year. Guidance for charities is anticipated shortly.

What Can We Do in the Meantime to Prepare?

Charities should start to consider its current policies and procedures, in conjunction with the free expert advice, training and guidance via ProtectUK. Further information can also be located at Martyn’s Law Factsheet.

For more information or advice, please contact Bradley Evans on 07880 335 842 or your usual contact in the Charities team. Alternatively, please complete the form below.