The Protect Duty - Considerations for Schools and Its Upcoming Obligations
The Government has announced new laws to keep people safe with a view to scaling up preparedness for, and protection from, terrorist attacks.
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 schools who are responsible for publicly accessible locations and where qualifying activities take place.
What Does this Mean for Schools?
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, a collection of school buildings in one location) 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. The draft legislation confirms that schools with a public capacity of more than 100 will always be required to meet the standard tier. Further clarification of the meaning of 'public access' and "public capacity" and how this will apply in practice to schools is awaited.
What Will We Need to Do?
This proposed duty will sit alongside a school'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. It is likely that schools will need to registered with the relevant regulator (further specific information is awaited)
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.
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 with guidance for schools anticipated shortly.
What Can We Do in the Meantime to Prepare?
The draft legislation can be accessed here.
Schools 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 within the Martyn’s Law Factsheet.
Schools are expected to have written procedures setting out contingency arrangements and should review these to ensure they are up to date and adequately reflect risks. ACT may be a useful source of information.