Last month saw the return to school for the majority of children across the country. It was a return to class that was very different from previous years and many pupils, teachers and parents were understandably anxious. However, over the course of the Summer, school staff have put arrangements in place to ensure that everyone returning in September would be returning to a safe school environment. The Government has acknowledged the key role schools play in the country’s economy by allowing parents to get to work as well as the development of our future workforce. Returning to school is vital for children’s education and for their wellbeing. Time out of school is detrimental for children’s cognitive and academic development, particularly for disadvantaged children. This impact can affect both current levels of learning and children’s future ability to learn therefore we need to ensure all pupils can return to school sooner rather than later.
Back to School Guidance
All schools have been provided with guidance by the Government, Guidance for full opening: schools, which was recently updated on 17 September by the Department for Education. This document sets out in detail the precautions and safety measures that schools should put in place to make the environment COVID safe. To ensure high standards of compliance, schools like other workplaces, are subject to checks by the Health and Safety Executive (HSE). The HSE has been contacting schools by telephone to check that procedures are in place and communicated to staff.
Risk Assessment
The starting point for all schools was to undertake a risk assessment so that all significant COVID risks were identified. Schools, like other employers, are required by law to undertake a suitable and sufficient risk assessment in respect of the health, safety and welfare of employees and others who may be impacted by the employer’s acts or omissions. As every school is different, it is not possible to have a single risk assessment to apply across the whole country. The risk assessment must be specific to the individual school, its teachers, support staff and pupils. If the school or Trust employ 5 or more people, you must record you’re the significant findings of your risk assessment, including.
- the hazards (things that may cause harm),
- who might be harmed and how, and
- what you are doing to control the risks.
The guidance document provides a framework within which schools can develop their own risk assessments. School leaders are normally best placed to understand the needs of their school and local community and should be involved in developing the risk assessment. It is also important to recognise that as circumstances change then it may be necessary to amend and update the risk assessment. The document will develop over time in response to local COVID rates, monitoring of COVID controls and their effectiveness, and changes in Public Health advice.
At the heart of controls in school will be minimising contact with individuals or ‘social distancing’. Where this cannot be achieved, further measures are required. It is acknowledged that young children cannot be expected to social distance in school. To limit contacts, schools have designated ‘bubbles’ which can consist of a year group or class for example. Each bubble has designated pupils in it and will not mix with other bubbles in school. This reduces the interaction and, should a positive COVID case arise, only the bubble affected will need to self-isolate rather than the whole school.
What will the HSE Ask me?
HSE inspectors have been contacting schools to ask what arrangements are in place to combat COVID. Contact has predominantly been by telephone but the HSE has said that visits could follow if telephone contact raises concerns or staff raise issues directly with the regulator. During these telephone calls, the HSE check on schools’ risk assessments, consultation with staff and provision of cleaning, PPE and social distancing measures.
Schools have been told to ensure staff are aware that these checks are taking place and that designated individuals are familiar with their school’s risk assessment. In response to the announcement of HSE checks, Geoff Barton, the general secretary of the Association of School and College Leaders (ASCL), said: “I think it is quite sensible for the HSE to be asking these questions, but I think it is a question of timing.
“I think schools could just have done with being given a bit of time to get everything in place before another set of questions from someone outside of the school is put in front of them.”
Schools receiving telephone calls from the HSE should be able to answer questions on the school’s arrangements to combat COVID, for example:
- Are you fully open for all children?
- Are you aware of the latest government guidance on re-opening of schools?
- Do you feel that you have all the information necessary to re-open safely?
- What information has been given to staff regarding re-opening?
- What information has been given to parents regarding reopening?
- Who was involved in writing the Risk Assessment?
- Who has the Risk Assessment been shared with?
- Is it always possible, usually possible or not possible for adults in school to maintain 2m social distancing?
- How are you mitigating risk when social distancing is not possible?
- How often are key ‘touch points’ cleaned? How often are children handwashing?
- Do all children and staff have access to soap and running water to wash their hands with?
- Do you use hand sanitiser in school?
- Is the hand sanitiser at least 70% alcohol?
- Do you feel that you have the correct PPE and sufficient supply of it?
- Do you feel supported by your management team?
Whilst a call from the HSE can be daunting, the regulator is initially looking to educate rather than undertake enforcement action. HSE inspectors will normally provide advice and guidance where necessary to individual schools before commencing down an enforcement route. However, schools which ignore advice or repeatedly fail to have adequate COVID controls in place can be prosecuted.
Further information
If your school requires health and safety advice, particularly in relation to issues covered above, please contact Mark Stouph at Jacksons.
