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INDIVIDUAL PUPIL BEHAVIOUR
RISK ASSESSMENTS
NUT HEALTH & SAFETY BRIEFING
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Introduction
This briefing has been drawn up to look at the ways in which violent or threatening pupil behaviour can
successfully be tackled using standard risk management techniques.
The Health and Safety at Work etc. Act 1974 places a duty on employers to ensure, so far as is
reasonably practicable, the health and safety of their employees at work. This includes taking steps to
make sure they do not suffer violence, abuse or stress-related illness as a result of their work. This
statutory regime supplements the ‘common law’ obligations on employers to provide reasonably safe
working environments for their employees. Employers also have a specific duty under the Management
of Health and Safety at Work Regulations 1999 to undertake risk assessments that seek to identify and
eliminate or reduce risks to their employees’ health, safety and welfare.
Regrettably there is no current Government advice on the use of individual pupil risk assessments. A
proforma for pupil risk assessment is, however, still available on the DfE website - although it is made
clear that this guidance may not reflect existing Government policy. It can be found at
http://media.education.gov.uk/assets/files/pdf/p/pi%20risk%20assessment%20proforma.pdf.
Violence and assaults on teaching staff, in addition to the stress arising from working in environments
where the fear of violence and assaults exists, are both examples of risks to teacher health, safety and
welfare which must be assessed and controlled.
Local authorities, governing bodies and all other employers of teachers should therefore:
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consider the risk of violence and assault on members of their workforce;
consider the risk of stress which arises from working in fear of violence or assault;
take steps to remove these risks; or, where removal of the risks is not possible,
reduce the risks by any necessary changes in working practices or by introducing appropriate
protective or supportive measures.
It is not the purpose of this briefing to consider the risk of violence towards school staff which may
come from outside the school, e.g. from intruders to school premises. Such matters are given thorough
consideration elsewhere1.
Our primary concern here is to examine ways of addressing violent
behaviour which exists within the school community, whether this is directed towards staff, pupils or
visitors.
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How common is pupil violence towards members of staff?
In 2008 researchers at Nottingham University identified teachers, in addition to a handful of other
occupational groups, as being ‘particularly at risk’ of occupational violence.2
NUT Health and Safety Briefing ‘Security and Violence’ at http://www.teachers.org.uk/node/12552
Mental Capital and Wellbeing: Making the most of ourselves in the 21st century – research carried out by the
department of Business Innovation and Skills 2008.
http://www.bis.gov.uk/assets/bispartners/foresight/docs/mental-capital/sr-c11_mcw.pdf
1
2
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In April 2009 the Association of Teachers and Lecturers, (ATL) released details of a survey of over
1,000 of its members which found that nearly one quarter of them had been on the receiving end of
physical violence by a student3.
A survey for Teacher Support Cymru in 2009 found that two out of five teachers in Wales had been
violently attacked by a pupil, and nearly three out of five had had objects hurled at them during
lessons4. Furthermore, 49 per cent of those surveyed had been threatened with assault.
And in 2009, children were suspended from school on more than 80,000 occasions for attacking
teachers and classmates, according to official figures5.
Finally, figures released by the Department for Education for the school year 2009 - 2010 showed that
nearly 17,000 pupils were excluded for assaulting an adult at school, and that nearly 900 children were
excluded for abuse and assault every day 6.
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When might a pupil behaviour risk assessment be required?
A pupil behaviour risk assessment should be considered where a student’s conduct poses a
demonstrable and ongoing risk to the health, safety and wellbeing of other members of the school
community, and where implementation of the school behaviour policy so far appears to have had little
or no remedial effect.
One way in which this can be achieved is by the use of ‘trigger points’ within the behaviour policy.
Possible ‘triggers’ for the deployment of a behaviour risk assessment might be:
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in the event of a pupil carrying out – or threatening to carry out - any form of physical assault,
whether in or out of school; or
where a pupil is found to be carrying a weapon, or threatens to bring a weapon into school –
such as a knife, ball-bearing gun etc (see Appendix 1).
Such triggers would constitute indisputable grounds for further action. Evaluating the potential health
and safety risks of other forms of pupil behaviour, however, might require a more detailed analysis of
the situation before further action could be authorised.
For example, where members of staff attribute stress-related complaints - partly or wholly – to the
accrued psychological harm arising from the behaviour of a particular pupil, it would be likely that
objective evidence of the risks would be required in order to proceed any further. One way in which
such evidence can be compiled is via a behaviour risk audit, undertaken, where possible, by a safety
representative. Where compelling evidence is thus gathered, the safety representative is in a strong
position to persuade the head of the need for a formal risk assessment to be drawn up.
Behaviour risk audits have the maximum degree of success where there are established systems for the
efficient collation of pupil behaviour data. An increasing number of schools are now incorporating such
information as part of their computerised record-keeping arrangements, enabling the maintenance of
up to date student profiles, whilst minimising the demands on staff workload7.
http://www.atl.org.uk/media-office/media-archive/violence-against-teachers.asp
The Teacher Support Cymru Violence and Disruption Survey for 2009 can be found at:
http://teachersupport.info/news/press-releases/More-action-at-local-level-needed-to-tackle-widespread-violenceand-disruption-in-schools.php
5 DfE statistics reported in The Independent – see http://www.independent.co.uk/news/education/educationnews/80000-pupils-suspended-for-school-violence-2038430.html
6 http://www.education.gov.uk/inthenews/inthenews/a00192714/school-exclusion-statistics-for-200910
7 Care should be taken to ensure that data on individual pupils is held in full compliance with data protection law.
3
4
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A model behaviour risk audit is set out at Appendix 1 of this document.
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Relationship with other school or local authority policies
To be effective, pupil behaviour risk assessments must be closely allied with existing school or local
authority behaviour policies, and any related measures already in place, such as:
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school security policies;
S.E.N./medical/pupil restraint policies;
child protection policies;
policies relating to school trips and visits;
parenting contracts/orders;
any initiatives involving liaison with other agencies, e.g. local authority behaviour strategies,
Youth Offending Teams and/or links with police through, for example, Safer School Partnerships.
Devising a pupil behaviour risk assessment for your school
There is no such thing as a ‘one-size-fits-all’ pupil behaviour risk assessment. Schools need to
implement strategies which fit their own circumstances, and which have been developed in the light of
many variable factors which will exist from one school to another. These might include:
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age/ability of pupils
pastoral structure
size of school
number of pupils with S.E.N.
staffing ratio
behaviour policy
Equally, different styles of pupil behaviour risk assessment may be appropriate for different pupils,
depending on the circumstances in any individual case.
A model risk assessment form is attached at Appendix 2.
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Is parental permission required to complete pupil risk assessments?
Whilst it is not necessary to secure parental permission in order to draw up a pupil risk assessment, it is
most likely that parents would – and indeed should - have been involved early on in any situation
where the behaviour of a pupil is causing the degree of concern likely to lead to a behaviour risk
assessment being required. Behaviour policies, whether they incorporate pupil risk assessments or not,
are in many schools the subject of a home-school agreement. Where pupil risk assessment policies –
and their trigger points/action points – have been incorporated into the school behaviour policy, and
therefore by extension the home-school agreement, the support and involvement of parents becomes a
more easily achievable goal.
Staff involved in the drawing up of individual pupil risk assessments should be mindful of the Education
(Pupil Information) (England) Regulations 2005 which place a duty on schools to disclose, with a few
exceptions, the contents of pupil records to parents and pupils where they make such a request.
Indeed, the involvement of parents in discussing and determining the management of their child’s
behaviour at school would in most cases be a desirable course of action.
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Reporting incidents of violence and abuse
All accidents and injuries should be reported, no matter how trivial they might appear. This is as true
of verbal abuse as it is of physical assault, as the psychological harm which can follow such incidents
can lead to very real illness and mental distress for those who are unfortunate enough to experience
them.
Additionally, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)
require that employers must inform the HSE of the following:
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all accidents to employees resulting in deaths or “major injuries” and all accidents which result in
an employee being off work due to injuries for more than three days (referred to as “over-threeday injuries”8; and
all accidents to non-employees which result in them being killed or taken to hospital and which
are connected with work.
The definition of accidents includes assaults so that injuries resulting from assaults are also reportable.
The NUT is particularly concerned that these are reported to the HSE and recorded by the employer
whenever necessary.
Following any incident involving violence or assault, risk assessments should also be reviewed in the
light of the incident, to identify whether additional measures are necessary. Further advice on all these
matters can be found in the NUT Health and Safety Briefings ‘Accidents and Injuries’, and ‘Risk
Assessment’ – both of which are available on the NUT website as follows:
Accidents and Injuries: http://www.teachers.org.uk/node/12488
Risk Assessment: http://www.teachers.org.uk/node/12551
The following HSE guidance might also be helpful:
HSE guidance on Reporting School Accidents: http://www.hse.gov.uk/pubns/edis1.pdf
HSE RIDDOR website: http://www.hse.gov.uk/riddor/
Health and Safety Executive (HSE) guidance on risk assessments: www.hse.gov.uk/risk/index.htm
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Industrial Action: Refusal to Teach
What rights do I have to refuse to teach a pupil who has been excluded?
Except in emergency situations, teachers are likely to be in breach of contract if they refuse to teach
pupils. Industrial action to refuse to teach cannot be taken until relevant procedures, including an
industrial action ballot, have been followed and Union Rules satisfied.
The NUT will protect members where exclusions have been overturned by governing bodies or appeals
panels and pupils reinstated. Following appropriate procedures in compliance with legislation and in
accordance with the Rules of the Union, the NUT will take industrial action, up to and including strike
action, where:
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“the retention of such pupils would disrupt education or threaten the welfare of pupils or
staff”; and
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“the head teacher, governing body or appeal panel refuses to exclude a pupil”.
From 6th April 2012 only “over-seven-day injuries” will be reportable under RIDDOR.
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In such circumstances, members should contact their NUT Regional/Wales office.
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Appendices
1.
model behaviour risk audit;
2.
model risk assessment form;
3.
pupil records: DfE guidance;
4.
considerations for special schools/PRUs.
Additional Information
NUT guidance on pupil behaviour: http://www.teachers.org.uk/node/11054#attachments
DfE guidance on behaviour and discipline:
http://www.education.gov.uk/aboutdfe/advice/f0076803/behaviour-and-discipline-in-schools-a-guidefor-headteachers-and-school-staff.
Revised: September 2011
NUT Health and Safety Unit
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APPENDIX 1: INDIVIDUAL PUPIL BEHAVIOUR RISK AUDIT
Pupil’s Name:
Date
Assessor’s Name
Review Date
BEHAVIOUR
WHEN?
MOST AT RISK
HOW LIKELY?
(Circle or underline those which apply)
Time of day; potential
triggers etc.
Who is most
likely to be
harmed and
how?
5=Certain
4=Probable
3=Possible
2=Not impossible
1=Never
NB – In cases where a pupil is suspected or
found to be carrying a weapon, action should
always be taken, regardless of the apparent
likelihood of harm.
Verbal abuse
Before school
Threats/Aggression
Break time
Violence
Lunch time
Vandalism
After school
Bullying
Morning lessons
Fighting
Afternoon lessons
Possible Weapon(s)
Sexual Harassment
False Accusations
Self Harm
Other - please specify:
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HOW OFTEN?
5
4
4
POTENTIAL HARM
=
(Include an assessment of
the likely physical and
psychological harm)
4= Life-
5=Daily
4=Weekly
3=Monthly
2=Rarely
1=Never
5
RISK FACTOR
ACTION
Approximate
percentage
chance of harm occurring:
100%=certain
>50%=probable
>9%=possible
>1%=not impossible
1%=never
threatening
3=Serious
2=Harm
1=No harm
4
Between lessons
3
X
3
3
Detentions
Other, e.g. outside
school hours - please
specify:
X
Pupils
Staff
Racial Harassment
X
x
=
2
2
2
1
1
Visitors
1
_____________
%
Is a formal risk assessment required?
Are existing measures sufficient, or
can the risk be lowered further? If
applicable, list any initial suggestions
for achieving such aims in the space
below.
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Completing the Risk Audit
Note: The primary function of the risk audit pro forma set out overleaf is that of a diagnostic tool, allowing for the compilation of
an accurate and comprehensive individual pupil behaviour profile. It is also possible to use the same form for carrying out a
formal risk assessment, although in cases where numerous or detailed control measures are required, the ‘ACTION’ column may
lack sufficient space.
 Consider what sorts of behaviour are likely to be exhibited by the pupil in question. What hazards might arise as a result of
the behaviour? Find out if there is a pattern to the behaviour. Does it happen at a particular time or place? Is there
something usually going on immediately before or after? Is there any way of predicting it? Are there circumstances which
make the behaviour more likely to occur?
 Based on past evidence, common sense and likelihood of occurrence, think about the impact of this behaviour - who is likely to
be harmed and how? Life-threatening = fatality, hospitalisation, long-term absence etc; Serious = requiring medical
treatment and, usually, absence from work; Harm = e.g. 1st Aid, possible GP check-up and/or treatment.
 How likely is this behaviour? How frequently has the behaviour happened in the past? How recently? Is it possible to make
realistic predictions for the future? On what grounds? (NB: Where more than one form of poor behaviour has been identified,
the combined impact of all of them should be considered when determining the likelihood and frequency of harm arising).
 Calculate the numerical risk factor by multiplying likelihood x frequency x harm. Any resulting percentage greater than 1
per cent indicates a measure of risk; a figure of 100 per cent means it is certain to happen.
 Evaluate the risks and decide what recommendations might be made for further action. Is a full risk assessment required,
together with suitable control measures? Are existing precautions – where applicable - sufficient, or should further steps be
taken?
 It is important that the ‘percentage chance’ of harm occurring is not seen as a single, authoritative predictor of future
outcomes. It is merely one indicator of several which can assist those charged with tackling such behaviour in schools. The
action to be taken will clearly depend on the type(s) of behaviour identified. A ten per cent chance of a pupil carrying a knife,
for example, clearly poses a greater level of possible harm than a ten per cent chance of a pupil verbally abusing somebody. As
a general rule, any percentage risk of more than one per cent should be closely analysed, and where the potential harm is
calculated as a score of two or more, this becomes even more important.
 Decide when this audit should be reviewed (for example, in 6 months’ time, or sooner if behaviour patterns change). If a
formal risk assessment is required, then reviews should follow automatically as part of the risk assessment process.
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If a formal risk assessment is recommended, this should be carried out by a competent person in full accordance with the
Management of Health and Safety at Work Regulations 1999 – see NUT guidance on risk assessments available on the NUT
website at www.teachers.org.uk. The outcome of the risk assessment should then be disseminated to all staff, including
support staff, supply, temporary and student teachers. A model pupil risk assessment form can be found on page 8.
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APPENDIX 2:
PUPIL BEHAVIOUR RISK ASSESSMENT
NOTE: Risk assessments should be carried out by a suitably competent person, who has received an appropriate level of training and
guidance prior to fulfilling this function.
Pupil Name
Year Group
Assessor
Date
What health and safety hazards arise or could arise from the behaviour of this pupil?
1
What risks do they pose and to whom?
LEVEL OF RISK:
High/Medium/Low
2
What has been done so far to remove or reduce the risks?
REMAINING RISK: High/Medium/Low
3
What further action is required to reduce the risk further?
LEVEL OF RISK ONCE ALL CONTROL
MEASURES ARE IN PLACE
(High/Medium/Low):
4
List any activities which cannot be safely managed, as far as it is possible to foresee.
Any further comments:
Review Date:
NUT Health & Safety Briefing: Individual Pupil Behaviour Risk Assessments
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‘MENU’ of possible options to consider as control measures
Note: This list is indicative of the types of interventions which might be applied. It is not intended
to be an exhaustive list, and those carrying out the risk assessment should seek to implement a
tailored strategy to address the specific needs of the student within existing school behaviour
and/or special needs policies. Measures set out in IEPs/IBPs will clearly always take priority
over any others.
Tackle offensive behaviour through school discipline policy, with consistent application of sanctions every
time the behaviour is repeated
Behaviour chart for each day
Requires clear/explicit tasks of short duration
Use non-confrontational strategies
Immediate withdrawal from lesson or area as a consequence of certain pre-determined acts, such as
swearing at staff
Specific instructions given to staff not to try to stop if he attempts to leave a room, instead allowed to go to
… … ….. ….. until calmed down
Look at the possible fixed term removal of pupil from lessons in which the offensive behaviour is most
evident, during which time s/he receives appropriate support.
Seek funding for an increase in deployment of classroom assistant/behaviour mentor support.
Behaviour contract after fixed term exclusion and meeting with parent(s)/carer(s)
Withdrawal from danger areas i.e. practical classrooms, labs, mobile classrooms where teacher is isolated,
lessons involving teachers where there appears to be a personality clash
To meet behaviour mentor each morning for briefing
Make it clear to both pupil and parents that further incidents of harassment of school staff will result in the
police being contacted and a complaint of harassment being made, with redress sought via anti-harassment
legislation.
Use experienced teacher call-out if required: “refer to head of department/head of year/senior teacher”
Procedures put in place where a senior member of staff can be called to a class immediately should an
incident arise or where signs of an impending incident are apparent
Involvement of local authority behaviour support specialists
Ballot for industrial action (e.g. refusal to teach)
NUT Health & Safety Briefing: Individual Pupil Behaviour Risk Assessments
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APPENDIX 3 - Pupil records: DfE Guidance9
The Education (Pupil Information) (England) Regulations 2005 require maintained schools (other than
nursery schools) and any special school (whether or not maintained by an LA) to keep a curricular
record for each pupil and disclose on request a pupil’s educational record to their parent. Under these
regulations, maintained schools must transfer a pupil’s educational record to his or her new school
when he or she changes schools.
The duties outlined above regarding pupils’ educational records are the responsibility of governing
bodies, in line with the norm of powers and duties sitting with governing bodies as those legally
responsible for the management of schools. However, a governing body may delegate these duties to
the head teacher, having regard to their largely strategic role and the head teacher’s responsibility for
day-to-day organisation, management and control of the school.
Any Personal Educational Plan (PEP) for a pupil is now part of his or her educational record. The PEP is
the document initiated by children’s social services when a child is taken into care and maintained by
the child’s school, which provides a record of educational needs, objectives and progress, and
achievements. When a pupil transfers to a school in Wales, Scotland or Northern Ireland, his or her
educational record, including the common transfer file (see Schedule 2 of the Education (Pupil
Information) (England) Regulations 2005 and paragraphs 52–62), must be transferred to that school
in line with the arrangements for transfer within England.
Keeping a curricular record for every pupil
The governing body is responsible for ensuring that a curricular record is kept for every pupil
registered at the school and that it is updated at least once every school year. The curricular record
means a formal record of a pupil’s academic achievements, his or her other skills and abilities, and
progress in school.
Parents’ requests to see or have copies of their child’s educational record
The governing body is responsible for making available a pupil’s educational record to his or her
parents, free of charge, within 15 school days of receipt of the parent’s written request. If parents
make a written request for a copy of the record, this must be provided to them, also within 15 school
days of that request being received. The governing body can charge a fee for the copy, but if it does
this, it must not be more than the cost of supply. The educational record should include the curricular
record, but also other information about the pupil that may be kept by the school, such as details of
behaviour and family background.
The educational record
The pupil’s educational record is comprised of any record of information – other than information which
is processed by a teacher solely for the teacher’s own use – which:
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is processed10 by, or on behalf of, a governing body of, or a teacher at, any school maintained by
an LA and any special school not so maintained;
relates to any person who is or has been a pupil at any such school; and originates from, was
supplied by, or is on behalf of:
Reproduced from ‘A Guide to the Law for School Governors’ available on the DfE website at
http://www.education.gov.uk/schools/leadership/governance/guidetothelaw/
9
10
N.B. The “basic interpretative provisions” provided in Section 1 of the DPA are quoted below and provide the
definition of “processing” to be applied.
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–
–
–
–
any employee of the LA which maintains the school (or former school) attended by the
pupil to whom the record relates;
any teacher or other employee at the school or at the pupil’s former school (including
any educational psychologist engaged by the governing body under a contract for
services) where the school is a voluntary aided, foundation or foundation special
school or a special school not maintained by an LA;
the pupil to whom the record relates;
a parent of that pupil.
In addition, the educational record includes:
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any statement of SEN held in respect of the pupil
any PEP held in respect of the pupil.
Processing, in relation to information or data, means obtaining, recording or holding the information,
or data or carrying out any operation or set of operations on the information or data, including:
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organisation, adaptation or alteration of the information or data;
retrieval, consultation or use of the information or data;
disclosure of the information or data by transmission, dissemination or otherwise making available;
alignment, combination, blocking, erasure or destruction of the information or data.
Material in a pupil’s educational record exempt from disclosure to parents
When schools comply with a parent or carer’s request to see or have a copy of a pupil’s educational
record under the Education (Pupil Information) (England) Regulations 2005, there is some information
that must not be disclosed. This is any information that may not be given under the Data Protection
Act 1998 or to which he or she would have no right of access under that act or by virtue of any order
made under Section 30(2) or Section 38(1) of the act. The following information must not be
disclosed:
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information, the disclosure of which would be likely to cause serious harm to the physical or mental
health or condition of the child or someone else;
information as to whether the child is or has been subject to or may be at risk of child abuse,
where the disclosure of that information would not be in the best interests of the child;
references supplied to potential employers of the child, any national body concerned with student
admissions, another school, an institution of further or higher education, or any other place of
education and training;
information supplied by the school in a report to any juvenile court, where the rules of that court
provide that the information or part of it may be withheld from the child;
information recorded by the pupil during an examination;
information concerning the child that also relates to another person who can be identified from that
information, or which identifies another person as the source of that information, unless the person
has consented to the disclosure, or it is reasonable in all the circumstances to disclose the
information without his or her consent, or the person is an employee of the LA or of the school.
(This exemption does not apply where it is possible to edit the information requested so as to omit
the name or any other identifying particulars of that other person.)
Access to information about pupils with statements of SEN
Access to information about pupils with statements of SEN is governed by the Education (Special
Educational Needs) (England) (Consolidation) Regulations 2001 and the Code of Practice on Identifying
and Assessing Special Educational Needs. Where a child has a statement of SEN, that statement forms
part of the child’s educational record. The parent must be sent a copy of the statement.
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Requests by pupils to see their educational record under The Data Protection Act (DPA)
1998
Both manual and computerised personal information held by schools is subject to the DPA. Under the
act, pupils who submit written requests to see or have copies of their records must be allowed to do so
within 40 calendar days, unless it is obvious they do not understand what they are asking for. When
schools receive requests from pupils for disclosure of educational records under the DPA, they must
not disclose any information which may not be disclosed under that act.
If a child seeks access to his or her statement of SEN, the school should normally comply with the
request unless there are exceptional circumstances which suggest that access should not be granted
(for example, if the child is clearly unable to understand the statement or disclosure of the statement
could cause serious harm to the child).
Schools should always bear in mind that a statement may contain sensitive personal information and if
in any doubt as to whether the statement, or any other information that forms part of the pupil’s
educational record, should be disclosed in any circumstances they should contact either the
Department or the ICO.
Information about specific restrictions on disclosure of statements is contained in the Code of Practice
on the Identification and Assessment of Special Educational Needs and in regulation 24 of The
Education (Special Educational Needs) (England) (Consolidation) Regulations 2001. Queries relating to
charging for copies made for pupils should also be addressed to the ICO. More information can be
found on the ICO website.
Dealing with complaints
Ways of handling certain types of complaint (for example, admissions and curriculum, exclusions) are
laid down by law. Since 1 September 2003 governing bodies of all maintained schools and maintained
nursery schools in England have been required, under Section 29 of the Education Act 2002, to have in
place a procedure to deal with complaints relating to the school and to any community facilities or
services that the school provides. The law also requires the procedure to be publicised.
Transferring the curricular record when a pupil is under consideration for admission to
another educational establishment
When a pupil is being considered for a place at another school or institution of further or higher
education, if the governing body is asked by the 'responsible person' at that institution for the pupil’s
curricular record, it must be provided, free of charge, within 15 school days of the request being
received. The responsible person is the head teacher of an independent school, the governing body of
any other school or the person responsible for the conduct of any institution of further or higher
education. The record sent must not include results of any assessments of the pupil’s achievements.
Transferring a pupil’s educational record when he or she moves to a new school
When a pupil ceases to be registered at one school and becomes registered at another (either
maintained or independent) in England, the governing body of the old school is responsible for
transferring their educational record to the new school. This must be done no later than 15 school days
after the day when the pupil ceases to be registered at the old school.
Since 3 October 2005 schools have also been required to transfer pupil records to schools to which
they transfer (either maintained or independent) in Wales, Scotland and Northern Ireland. The record
must be sent to the governing body of the new school, or if the school is an independent one, the head
teacher. Any statement of SEN or PEP for a child forms part of their educational record and as such
must be forwarded to the child’s new school.
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When a school doesn't know a pupil's new school
The duty to transfer a pupil’s record doesn’t apply where the old school doesn’t know the new school
and it is not reasonably practicable for them to find it out. What is reasonably practicable will depend
on circumstances, but schools might be expected to telephone and write to the pupil’s parents. Where
both these approaches are unsuccessful, and it would involve disproportionate effort to discover the
pupil’s new school by other means, the school will be justified in deciding it is not reasonably
practicable to fulfil the requirement.
When a school receives a request for a pupil's educational record from a school to which
s/he has transferred
If the pupil’s old school receives a request for their educational record (which they still hold) from the
head teacher of an independent school or the governing body of a maintained school, the governing
body must ensure it is provided within 15 school days of the request being received.
NUT Health & Safety Briefing: Individual Pupil Behaviour Risk Assessments
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APPENDIX 4: Considerations for Special Schools and PRUs
The provisions of the Health and Safety at Work etc. Act 1974 apply equally to special schools
and PRUs as they do in respect of any other workplace.
Despite this, it is not uncommon to come across the mistaken view - still held by some head
teachers and managers of such establishments – that “this is a special school – you knew this
when you accepted the job. We are here to deal with difficult behaviours - normal rules do not
apply”.
Whilst this statement may contain elements of truth, care must be taken to avoid any
implication that employees in special schools or PRUs have in some way forfeited their right to
basic standards of workplace health and safety.
Employers in such circumstances must continue to have due regard to the health and safety of
their employees – and others - whatever parallel measures they may have introduced in order
to comply with discrimination legislation such as the Equality Act 2010, and the requirements of
SENDA11 legislation. Neither health and safety issues nor equal opportunities policies can or
should be ranked one above the other. Employers must ensure that both of these important
objectives are fully met.
The head teacher has responsibility for the day-to-day management of the school’s policy and
will keep the governing body informed.
The NUT has clearly stated that no legislation – however sincerely initiated - should result in
staff placing themselves at risk.
Where any difficulties arise, such as difficulties or disagreements in balancing apparently
competing priorities, NUT representatives should make contact with staff at their NUT
regional/Wales office who will be pleased to offer help and support.
11
Special Educational Needs and Disability Act 2001
NUT Health & Safety Briefing: Individual Pupil Behaviour Risk Assessments