Corporate Property Standards and Guidance

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Corporate Property Standards and Guidance
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PA/SA/Corporate Property Standards and Guidance.doc
November 2010
The Corporate Property Standards have been reviewed and amended in light of
recent changes to legislation and SCC standing orders. The Corporate Property
Standards (‘The Standards’) are a key source of information for those people
with responsibility for property assets, typically the ‘Premises Manager’.
The Standards advise Premises Managers and other responsible persons of the
requirement to comply with legal and corporate policies, procedures and
standards. They provide essential guidance when planning, commissioning and
implementing works to maintain or improve property. They apply to all property
owned or maintained by the Council, including all schools.
Please see next page for document.
Please note this document consists of 56 pages.
Somerset County Council
Corporate Property Standards and Guidance
2010-11
This document is available on the Somerset County Council corporate
intranet. It is also available to schools on: www.six.somerset.gov.uk
Page - 1
Key Contacts
Principal Contacts
Contact
Name
Telephone
Email
Somerset County Council
(SCC) – Property Client Team
Brian Allwood
01823-356882
BAllwood@somerset.gov.uk
Somerset County Council
(SCC) – Southwest One
Property Services Provider
Andrew Tucker
01823-356979
agtucker@somerset.gov.uk
Directorate Contact – CYPD
Schools
Steve Aelberry
01823-355980
saelberry@somerset.gov.uk
Directorate Contact – CYPD,
Non Schools
Steve Gale
01823-355979
sgale@somerset.gov.uk
Directorate Contact –
Communities
Sam Skinner
01823-356760
sskinner@somerset.gov.uk
Directorate Contact –
Environment
Sarah Diacono
01823-355619
sdiacono@somerset.gov.uk
Corporate Health and Safety
Unit
Brian Oldham
01823-355089
bsoldham@somerset.gov.uk
Area
Name
Telephone
Email
Guidance on Implementation of
works
Brian Allwood
01823-356882
ballwood@somerset.gov.uk
Planning & Statutory Approvals
As Detailed within the Guidance
School Design Standards
Steve Aelberry
01823-355980
saelberry@somerset.gov.uk
Health and Safety
Corporate Health
& Safety Unit
01823-355089
CHSU@somerset.gov.uk
Planned Preventative
Maintenance
Helen Acreman
01823-355528
HJAcreman@somerset.gov.uk
Council’s Financial &
Procurement Regulations
Somerset Direct
01823-273588
EFSFinance@somerset.gov.uk
Disability Discrimination
Michelle Howell
01823-355815
Mhowell@somerset.gov.uk
Sustainable Development
Mike Fackrell
01823-355310
MJFackrell@somerset.gov.uk
Insurances, CYPD
Becky Price
01823-355469
RCPrice@somerset.gov.uk
(also Corporate Surveyor Role)
Specialist Areas
Page - 2
Version Control
Document Name:
Corporate Property Standards and Guidance 2010-11
Document Number:
Date:
13 October 2010
Release:
Final
Author:
Southwest One
Owner:
Corporate Property, Resources Directorate
Client:
Note: This document is only valid on the day it was printed.
Revision History
Date of next revision:
Revision
Date
Previous
Revision Date
Summary of Changes
Changes
Marked
Approvals
This document requires the following approvals. A signed copy is maintained by the
SCC Corporate Property Team.
Name
Signature
Title
Date of Issue
Version
Title
Date of Issue
Version
Distribution
This document has been distributed to:
Name/ Group
Premises Managers
Southwest One
Directorate Contacts
CHSU
Page - 3
Distribution of Standards
Each premises occupier provides a named individual who has accountability for the
application of these standards – formally identified as ‘Premises Manager’.
Standards are accessed through the Council intranet, and through the Schools
internet http://www.six.somerset.gov.uk/ site.
Process for Update
SCC Corporate Property Team (Client), and Southwest One Property Services
Provider maintain these standards under regular review, considering changes in
legal requirements, corporate requirements, and management processes.
Page - 4
Contents
1
Introduction to the Standards .............................................................. 7
1.1 Introduction ..................................................................................... 7
1.2 Summary of Key Points ................................................................... 9
1.3 Asset Management Planning .........................................................10
1.4 Roles & Responsibilities .................................................................11
1.5 Council Approvals & Monitoring Compliance .................................13
2
Guidance on Implementation of Works ..............................................15
2.1 Principal Work Stages ....................................................................15
2.2 Consultation with the Corporate Health and Safety Unit ................15
2.3 Commissioning and Approvals .......................................................16
2.4 Sources of Funding – Schools Only ...............................................16
2.5 Council Standing Orders ................................................................16
2.6 Appointment of Consultants ...........................................................17
2.7 Appointment of Contractors............................................................18
2.8 Use of Handymen/caretakers/ parent or volunteer labour ..............21
2.9 Operations on Site .........................................................................21
2.10 Handover of works .........................................................................21
2.11 Disposal and/or Acquisition of Land ...............................................22
3
Statutory Approvals .............................................................................23
3.1 Key Contacts for Statutory Approvals ............................................23
3.2 Planning Permission ......................................................................23
3.3 Listed Buildings and Conservation Area Consents ........................24
3.4 Scheduled Ancient Monument Consent .........................................24
3.5 Building Regulations ......................................................................25
3.6 Party Wall etc Act 1996 ..................................................................26
3.7 Prescribed Alterations – Statutory Consultation Process and School
Organisation Committee Approval .................................................26
3.8 The Education (School Premises) Regulations ..............................26
3.9 Water supply regulations ................................................................27
3.10 Public entertainment licensing........................................................27
3.11 Landscape issues ..........................................................................27
3.12 Other statutory and legal issues relevant to a site ..........................28
4
DfE and Somerset County Council Design Standards......................29
5
Planned Preventative Maintenance (PPM) .........................................30
5.1 Funding of Planned Preventative Maintenance (PPM) ...................30
5.2 Planned Preventative Maintenance and Servicing .........................30
5.3 Plant and Equipment Testing and Servicing...................................37
5.4 The Building Maintenance Indemnity Scheme (BMIS) for Schools 39
6
Council’s Financial Regulations, Contract Standing Orders &
Procurement .........................................................................................42
Page - 5
7
EU Procurement Regulations ..............................................................43
8
Disability Discrimination .....................................................................45
8.1 Introduction ....................................................................................45
8.2 The meaning of disability................................................................46
8.3 Required action – employment.......................................................46
8.4 Required action – access to goods, facilities and services ............46
8.5 Reasonable Adjustments ...............................................................47
8.6 Making ‘Reasonable Adjustments’ in Practice................................48
8.7 Education .......................................................................................49
8.8 Safeguarding Requirements...........................................................51
9
Council’s Requirements for Sustainable Development ....................52
10
Health and Safety .................................................................................53
11
Insurances ............................................................................................54
Page - 6
1
Introduction to the Standards
1.1
Introduction
Purpose of the Standards
The Corporate Property Standards (‘The Standards’) are a key source of information
for those people with responsibility for property assets, typically the ‘Premises
Manager’.
The Standards advise Premises Managers and other responsible persons of the
requirement to comply with legal and corporate policies, procedures and standards.
They provide essential guidance when planning, commissioning and implementing
works to maintain or improve property. They apply to all property owned or
maintained by the Council, including all schools.
The Standards should be read in conjunction with the documents named within
them, and appropriate professional advice should be sought where necessary. There
is no substitute for seeking support from experienced and competent consultants
professionally qualified in their various specialised disciplines.
In the case of Schools, good stewardship is a joint responsibility of the schools and
the County Council, with the exception of Academies and Free Schools where there
is no retained Council responsibility. The delegation of budgets and responsibilities
for school maintenance brought about significant changes to roles. Schools now
have an increased and vital role to perform in discharging good stewardship, and
these standards should support this role.
Whist Foundation and Academy schools are outside of the Local Authority remit the
statutory and legal requirements within this document would still apply. (refer to
‘Position Statement on Academies, September 2010’).
The Premises Manager
The Premises Manager is formally identified for all properties through the use of the
F02 form under the corporate Health & Safety policy.
In the case of Schools, Head teachers and School Governors also carry
responsibility for legal and corporate compliance and should be aware of these
requirements.
Guidance Provided
The Standards provide guidance on implementing works to maintain and improve
premises. Links to external sources of information are provided at appropriate points
within The Standards. These will be reviewed and updated periodically
Page - 7
The Standards sit alongside the full set of Health and Safety guidance that is
provided by the Corporate Health and Safety Unit (CHSU) and is available on the
corporate intranet. The CHSU information includes essential guidance on a range of
areas, and of particular relevance when implementing works to premises are Health
and Safety at Work, CDM Regulations, Asbestos Removal & Remediation, Water
Hygiene, Fire Risk and Risk Assessments.
A summary of the areas of guidance provided within The Standards is provided
below:
Section
Content
Links
1
Introduction
Introduction, Asset Management Planning, Roles
and Responsibilities, Approvals and Compliance
monitoring.
2
Implementation of
Works
Project Lifecycle, Commissioning of Works,
Appointment of Consultants, Appointment of
Contractors, Use of Handymen, Handover of
Works.
Link to Council
Standing Orders.
3
Statutory Approvals
Planning, Listed Buildings, Scheduled Ancient
Monuments, Building Regulations, Party Wall etc
Act, Prescribed Alterations, Water Supply
Regulations, Public Entertainment Licensing,
Landscape Approvals.
Links for Building
Regulations, and
the Education
(School Premises)
Regulations.
4
Design Standards
Requirement to comply with the DfE and Council
Design Standards
Link to DfE Design
Standards
5
Planned
Preventative
Maintenance (PPM)
Funding of PPM, PPM requirements, Plant &
Equipment Testing, the BMIS scheme for Schools.
6
Council Financial
Regulations
(including Standing
Orders)
Requirement to comply with the Council’s
Financial regulations, including Standing Orders.
Link to regulations
on SCC website.
7
Compliance with EU
procurement
Requirement to comply with the European Union
Procurement Directive and Regulations for
implementation within the UK.
Link to OGC
8
Disability
Discrimination
Requirement to comply with the Disability
Discrimination Act (DDA) 1995 and the Special
Educational Needs & Disability Act 2001.
9
Health and Safety
Requirements to comply with the Corporate Health
and Safety Policy and Manual and signpost to
other guidance. Link to the guidance provided by
the Corporate Health and Safety Unit, available on
the corporate intranet.
Link to site for
Corporate Health
and Safety Unit
(CHSU) guidance.
10
Sustainable
Development
Requirement to comply with the Council’s policies
on sustainable development.
Link to Sustainable
Development
guidance.
11
Insurances
Requirement for insurance of premises.
Page - 8
1.2
Summary of Key Points

All building work to Council property, including work to schools, is regulated by
corporate and statutory requirements irrespective of the source of funding. The
Standards should be consulted when planning, commissioning and implementing
any works to maintain or improve Council owned property.

Premises Managers, the County Council, School Head Teachers, Governors and
Contractors all have legal responsibilities in relation to building projects, including
responsibility for the safety of public, pupils and staff.

Professional advice should be sought, either through the property services
provider Southwest One or through private consultants.

The Corporate Health and Safety unit should be consulted at the inception of
projects, and in particular will advise on Health and Safety considerations such as
fire safety and CDM.

Council Corporate Property Client approval must be obtained for all projects
(including changes of use), regardless of their size or type. Approval for projects
must be sought via the directorate’s Asset Management Group or designated
manager. Approval processes are already established for CYPD properties - see
page 13.

Guidance is provided for the appointment of Consultants and Contractors where
schools are delivering work through devolved funding. Appointment must be
made in accordance with the Council’s procurement and financial regulations
(Standing Orders). Note. County Council Standing Orders do not apply to
Academies or Free Schools.

It is important to establish the competence of any Consultant or Contractor, and
to ensure that they comply with all statutory requirements, including mandatory
health and safety regulations.

Any works undertaken by Handymen, Caretakers, Parent of Volunteer labour
must be undertaken to the same standards, and with the same level of due care
and diligence, as would be exercised by a specialist contractor. Any proposal to
undertake work using this type of labour should be treated with extreme caution,
and CRB checks must be undertaken where appropriate.

Statutory Approvals for works must be secured where necessary, including
Planning approval and Building Regulation approval.

Works will be monitored by Southwest One on behalf of the Council to ensure
compliance with statutory and standing orders. The Council’s Corporate Surveyor
will monitor compliance with corporate and legal requirements.
Page - 9

It is essential to comply with Corporate Health and Safety Policy, in particular for
the use of the Asbestos Register and for appointment of a CDM co-ordinator
(where required by regulations).

It is advisable to keep the Building Surveyor informed.
The Corporate Property Client is available to advise on any aspect of information
contained within this guidance.
1.3
Asset Management Planning
The Asset Management Planning (AMP) process is owned by the Corporate
Property Client, and normally involves the Property Client, Directorate, and Building
Premises Occupier. The AMP process is used to establish priorities for investment,
and is summarised in the diagram below.
DO: Implement Plans
PLAN: Corporate Asset
Management Planning
Process
Asset Management
Planning Activity
COMPLIANT WITH
CORPORATE PROPERTY
STANDARDS
Corporate AMP &
Implementation Plans
[Estate, Capital, Investment]
Programme of Works,
Maintenance, Capital,
Others
Available Resources
Policies & Priorities
Community Strategy
Service Users &
Stakeholders
External Environment
Specify Works
Resource Mapping
Funding Streams
Procure works
Directorate Plans
Implement Works
Needs Analysis
Council Priorities
Commission Works
Schools Plans
School AMPs
Existing Performance
& Outcomes
REVIEW: Performance &
Outcomes
Change to Asset
Performance and
Update Records
Schools Asset Management Planning
The DfE has issued guidance advising how premises’ requirements should be
established against locally agreed priorities. Asset management planning depends
on the data, analysis, reports and policies put in place to meet these objectives.
Information to support asset management planning activity can be consulted at
http://www.six.somerset.gov.uk/sixv3/default.asp. This process should involve
partnership between local authority, schools, diocesan authorities and other
educational stakeholders.
Schools are required to produce a School Development Plan, and this should include
a Property Development Plan which takes account of issues such as:

Curriculum requirements
Page - 10

Changes in school roll

Condition of buildings

Occupancy of buildings

Suitability of buildings

Funding availability
The School Development Plan will help schools to plan and prioritise work. The plan
will help school governors meet their premises responsibilities. It will also assist them
when discussing accommodation proposals with Council officers and advisers.
1.4
Roles & Responsibilities
Roles and responsibilities for those groups with responsibility for property assets are
summarised below:
Council Corporate Client – providing SCC corporate accountability for property
matters.

Council Directorate – providing advice on all AMP issues, agreeing to
investment proposals, and ensuring compliance with standing orders.

Council Property Services Provider (Southwest One) – providing property
services on behalf of the corporate client, and also providing property services
direct to schools.

Premises Managers – maintaining compliance with legal and corporate
requirements, and managing all premises related activities.

Property Professionals – providing professional property services to support
the planning, commissioning and implementing any works.

Corporate Health and Safety Unit – providing support and competent advice on
health and safety matters relating to premises.
Additionally, for Schools:

School Head Teachers – taking overall responsibility for the management of
resources, and in many cases providing the ‘premises manager’ role.

School Governing body – overseeing the use, maintenance and development
of the premises and facilities, and also taking legal responsibility for overall
control and use of the premises.
Council Directorate

Participate with Corporate Client, Property Service Provider (Southwest One), Schools, and
Premises Occupiers in Asset Management Planning activity.

Provide client lead officers for capital projects.

Advise premises managers on property related good practice.

Manage processes for funding allocation, manage approvals and oversee implementation of
works to premises, ensuring compliance with Standing Orders.
Page - 11
Council Corporate Property Client

Maintain the Corporate Property Standards, and monitor compliance.

Co-ordinate and consult on the Asset Management Plan (AMP).

Develop and implement policies, strategies, priorities and action plans.
Council Property Services Provider (Southwest One)

Maintain and update Standards on behalf of the corporate client.

Monitor compliance with legal and corporate requirements on behalf of the corporate client.

Advise Premises Managers on property related good practice.

Provide professional services where appointed by the Council, Tenants or Schools.

Monitor delivery of projects on behalf of the Council, in circumstances where a School appoints
its own professional advisors or self manages the project.

Monitor all Directorates, and Schools, in the custodianship of their premises.

Notify the Fire Safety Advisor, at the planning stage, when there is notification of a new build or
changes to an existing building.

Provides Corporate Surveyor role, monitoring school funded projects, and producing
corporate documents.
Premises Managers

Awareness and compliance with all legal and corporate requirements and policies.

Prepare required statutory plans.

Ensure Corporate Property Client agreement is gained for all proposals.

Ensure that work is prioritised, carried out to an acceptable standard, and complies with
appropriate legislation and Council regulations.

Ensure work is competitively procured to achieve best value for money.

Employ professionals to manage repair or improvement projects, and manage the associated
budgets.

Undertake planned preventative maintenance in accordance with the approved plans.

Ensure that the site and buildings are managed in an appropriate manner and that building
users and Council staff operate in a healthy and safe environment.

Prepare policies for security, fire safety and health and safety, including monitoring procedures.

Ensure that suitable risk assessments are prepared and that action is taken to minimise risks.

Where appropriate, make the buildings and facilities available for community use
Premises Managers - Schools

Work in partnership with the Authority, and Diocesan bodies for Voluntary Aided schools, to
develop and deliver the Asset Management Plan (AMP).

Prepare a Premises Plan prioritised within available budgets using the school's AMP, corporate
AMP, and Development Plan.

Notify the Fire Safety Advisor, at the planning stage, when there is notification of a new build or
changes to an existing building.
Page - 12
Property Professionals

Property Professionals are generally appointed by the Corporate Property Client, or by Property
Services Provider Southwest One.

Schools self managing projects are strongly advised to appoint professional advisors in
connection with all works to premises, using the Council’s property service provider (Southwest
One) or through a separate appointment.

Schools are responsible for ensuring that professional advisors are suitably pre-qualified, and
that procurement complies with legal requirements and Council standing orders.

Corporate Surveyor monitors school funded projects.
Corporate Health and Safety Unit (CHSU)
The CHSU will:

provide competent assistance to agreed areas of the Council on Health and Safety matters
relating to the premises;

monitor implementation of the safety policy and safety management systems through a variety
of methods;

undertake formal accident/incident investigations where requested or appropriate;

provide training and information services to support Council operations;

maintain a library and knowledge of sources of relevant publications;

in conjunction with Somerset Scientific Services, ensure that an appropriate programme to
monitor the working environment is undertaken;

provide a professional capability to respond to requests for technical or general advice from
Directorates in relation to incidents involving Council premises or activities and which may have
serious implications for the health and safety of the workforce or the community;

maintain links with outside organisations on health, safety and welfare related matters and be
the key point of contact with HSE.
1.5
Council Approvals & Monitoring Compliance
The Council has a duty of care to ensure that its premises are safe and that any
changes of whatever size or type are not detrimental to the buildings, or the health
and safety of persons using or maintaining the buildings. It also has a duty of care to
ensure that people who manage buildings and who are involved in altering and
adapting buildings to whatever degree are aware of the procedures and standards
that should be followed.
All works to be undertaken must be approved by the Corporate Property Client prior
to initiation. Normally this approval is sought in accordance with the process
managed through the appropriate Council directorate.
In all cases, the works will be monitored by Southwest One on behalf of the Authority
to ensure compliance with statutory and standing orders.
On completion of the works, the Council must be notified that the works are
complete, and all relevant documentation provided. If requested, information must be
provided to demonstrate compliance with legal and corporate requirements.
Page - 13
Approvals for Non Schools
For all works proposed by Council Directorates, approval must be sought via the
directorate’s Asset Management Planning (AMP) Group or designated manager.
Non-schools premises under the CYPD organisation are required to complete an
electronic Service Capital Investment Proposal form (SCIP form) and submit it to the
appropriate CYPD officer.
All requests for works should be then submitted by the AMP Group or designated
manager to the Corporate Property Client on a Service Project Request form.
CYPD Approvals for Schools
All schools in Somerset are required to gain agreement from the Council to capital
works to their premises and also to changes of use of particular spaces. Schools are
required to complete an electronic Capital Investment Proposal (CIP) form and
submit it to the appropriate officer in CYPD Planning and Admissions.
Voluntary Aided (VA) schools follow the same CIP form requirement, but approval is
given by the appropriate Diocesan officer after the Council has responded to the CIP
form.
Foundation schools must ensure CIP forms are submitted and the Council notified
when a project is completed so that central records can be updated.
The approval requirements for Academies and Free Schools are still to be
established, and this guidance will be updated when the position is clarified. (Refer
to ‘Position Statement on Academies, September 2010’).
Monitoring Compliance
The Council’s Corporate Surveyor will check compliance with the corporate and legal
requirements. The role of the Corporate Surveyor is to provide protection to the
Council, and is not required to offer free advice or guidance to premises managers.
The Corporate Surveyor will report any non-compliance to the Corporate Property
Client. Failure to address any non-compliance could result in the works being
stopped. Where appropriate, the cost of any action necessary to remedy any noncompliance will be reclaimed by the Council.
Page - 14
2
Guidance on Implementation of Works
2.1
Principal Work Stages
The Corporate Property Standards support implementation through the key stages
required to deliver works to premises. Detailed management processes, as
determined by the responsible Council directorate, must be followed when delivering
works.
Principal stages of delivering capital works to the premises are provided in the RIBA
Outline plan of work, available from the Corporate Property Client or located at:
http://www.ribabookshops.com/tmp/RIBA%20Outline%20Plan%20of%20Work%202
007.pdf
These comprise:

Preparation – project appraisal and development of design brief.
During this stage the needs and requirements of the project are established,
including defining the initial brief, establishing budgets, establishing a
programme, undertaking feasibility studies, deciding on management
arrangements.

Design – concept design, design development and technical design.
During this stage the design team is established and outline designs and costs
are prepared. By the end of this stage you should have agreed on a suitable
design solution to meet your requirements.

Pre-Construction – production information, statutory approvals, tender
information and tender action.
During this stage the design will be further developed. Working drawings and
specifications will be prepared, tenders will be obtained and ultimately the
contract will be let.

Construction – mobilisation and construction through to practical completion

Use – post practical completion activity during defects period, assisting users
and performance in use.
Appropriate Council approvals must be achieved at the end of each stage.
2.2
Consultation with the Corporate Health and Safety Unit
The CHSU needs to be consulted from the initial design stage for ALL projects
where the fire safety may be affected. Examples of projects include:

All new builds

All major refurbishments (i.e. floor/ extension)
Page - 15
Additionally, where the following items may be affected as part of the project, the
CHSU must be consulted in the first instance:

Fire alarm audibility

Means of escape and security mechanisms

Emergency lighting

Significant change of use of the premises/ rooms within the premises
2.3
Commissioning and Approvals
The Corporate Property Client manages commissioning of all work funded directly by
the Council, for all Council owned or occupied premises.
In the case that schools commission work directly, Children and Young People’s
Directorate (CYPD) manages the commissioning processes through the CIP and
SCIP process.
In all cases, whatever the source of funding, Council approval is required for works
to premises owned, maintained or occupied by Council staff. This includes all work to
schools and non-school premises. Approvals for works are managed through the
CIP, SCIP and SCC Corporate Property Processes.
Southwest One provides monitoring of commissioning and approvals activity on
behalf of the Council.
2.4
Sources of Funding – Schools Only
Funding options and opportunities to schools include:


Planned and unplanned repairs and maintenance – funding is delegated direct to
schools, although they can then participate in the BMIS buy-back scheme.
Devolved Formula Capital Grant (DFCG).
Modernisation Initiative – used for schools but not available to schools directly.
Schools Access Initiative.
Building Schools for the Future (BSF).
Primary Capital Programme.

Locally Coordinated Voluntary Aided Programme (VA schools only).




With the exception of DFCG, funding is controlled by the Council which uses the
Asset Management Plan to determine its investment priorities. None of these funding
streams are guaranteed.
2.5
Council Standing Orders
Appointment of Consultants and Contractors must be done in accordance with the
Council’s Corporate Standing Orders. These are located on the corporate intranet, at
http://www.somerset.gov.uk/organisation/key-documents/the-councils-constitution/ Page - 16
then please click on the link 'Contract Standing Orders' on the right to open the
document.
Schools work to the SCC Financial Management Scheme (latest version April 2014)
which incorporates SCC Standing Orders and the Council's Financial Regulations.
These can be found on the Somerset Learning Platform on Somerset iPost
(iPostID3117).
https://slp.somerset.gov.uk/somersetipost/iPost%20Documents/Financial%20Manag
ement%20Scheme%202014.15%20FINAL%20VERSION%2025.03.14.doc.
Schools can contact: Tel: Somerset Direct (01823) 273588 - press ‘4’ for Finance;
Fax: (01823) 356109; Email: ‘Somerset Direct - Education Finance’ from the internal
address book or EFSFinance@somerset.gov.uk.
2.6
Appointment of Consultants
The following guidance is only applicable to schools with delegated funding.
For all other works, the Corporate Property Client procures professional
services through Southwest One who contractually must follow SCC standing
orders.
Non Schools premises occupiers cannot appoint consultants, as such appointments
must be authorised by the Directorate Asset Management Group and Corporate
Property Client. (See Standing order 22.1).
Schools
It is expected that the School will appoint Professional Consultants, unless it already
holds the required professional skills within its organisation and can demonstrate this
to satisfy the Council.
The type, size and complexity of work will determine what types of consultant are
needed. Typically a multi-disciplinary team would include Project Manager, Lead
Consultant, CDM Co-ordinator, Cost Consultant, Design Leader, Architect, Structural
Engineer and Services Engineer.
Appointment of Southwest One
The Council’s Property services provider, Southwest One, can be appointed directly
through its existing arrangement with the Council to provide a range of professional
services.
Competitive Tender
If Southwest One is not engaged, a competitive tender is required to ensure that
consultant services procured provide Value for Money. This must be done in
accordance with the Council’s procurement regulations contained within the
Council’s Standing Orders.
Page - 17
Existing public sector frameworks for the appointment of consultants can be used
when appropriate. These are held by government departments such as Partnerships
for Schools, DfE, and Buying Solutions.
Forms of Contract
Consultants should be appointed using construction industry standard Conditions of
Engagement, and should include a detailed scope of services. These are maintained
by organisations such as the Royal Institute of British Architects (RIBA), Royal
Institution of Chartered Surveyors (RICS), and the Association of Project
Management (APM).
For a building project it is normal to first appoint consultants to undertake feasibility
stage work (Design Brief, RIBA Stage B), to allow the principal aspects of the project
to be established. Consultants are then appointed for subsequent stages against a
full scope of services.
CDM Co-ordinator
Clients must be aware of their responsibilities under the CDM regulations. CDM Coordinators must be appointed at the outset, for all applicable projects – Refer for
section 5.
Consultant Tendering and Appointment Procedures
Value
Quotation or Tendering Procedure
Type of
First
Second
Contract
Signature
Signature
Up to
£5,000
Normally competitive quotations, but
single quotation is acceptable.
Letter
Head
Teacher
Chair of
Governors
£5,000 to
£50,000
At least three competitive
tenders/bids. Single quotation only
on authority from the Corporate
Property Client Team
Standard
professional
form
Head
Teacher
Two Governors
Over
£50,000
At least three competitive
tenders/bids unless prior approval
for a waiver to Council’s standing
orders given by the Corporate
Property Team.
Standard
professional
form
Head
Teacher
Two Governors
and recorded
authorisation to
indicate full
governor
approval.
For service or supplies contracts in
excess of £156,442 the EU supplies
and services directives MUST also
be followed.
2.7
Appointment of Contractors
The following guidance is only applicable to schools with delegated funding.
For all other works, the Corporate Property Client procures professional
Page - 18
services through Southwest One who contractually must follow SCC standing
orders.
Non Schools premises occupiers cannot appoint contractors, as such appointments
must be authorised by the Directorate Asset Management Group and Corporate
Property Client. (See Standing order 22.1).
Schools
Qualification of Contractors
It is imperative that whenever contractors employed to carry out works within the
school are properly vetted in terms of their Health and Safety practices and their
financial stability. This should be carried out by a competent person. Southwest One
property services provides access to the EXOR system – guidance and access
instructions are provided on the http://www.six.somerset.gov.uk/ site.
Procurement & Appointment Procedures – SCC/Southwest One Managed
Projects
Corporate requirements for procurement, based on financial thresholds within the
Council’s standing orders, are summarised in the table below. There is a clear
requirement to undertake a competitive quotation or tendering process in all cases,
to ensure that Value for Money is achieved.
Value
Quotation or Tendering Procedure
Type of
Contract
First
Signature
Second
Signature
Up to
£5,000
Competitive quotations normally
required. May be dealt with by obtaining
a single quotation or issuing a day work
order.
At least three competitive tenders
should normally be obtained.
Competitive quotations or a single
tender may be obtained if the authority
of the Corporate Property Client Team
is obtained in advance.
Competitive tenders should always be
obtained unless prior approval is given
for a waiver to standing orders by the
Corporate Property Client Team.
Direct Order
Project
Officer
Not Required
Direct Order
Project
Officer
Team Leader
/ Group
Manager
Somerset
Form of
Agreement
Team Leader
/ Group
Manager
Competitive tenders should always be
obtained unless prior approval is given
for a waiver to standing orders by the
Retained Client Team.
For building (works) contracts in excess
of £3,927,260 the EU supplies and
services directives MUST also be
followed.
JCT
Standard
Form
Authorised
Officer;
Retained
Client Team
Authorised
Officer;
Corporate
Property
Client Team
County
Solicitor (or
deputy)
Any
Project
Officer plus
£5,000 to
£50,000
£50,000 to
£100,000
Over
£100,000
Letters of
Intent
Authorised
Officer;
Page - 19
Value
Quotation or Tendering Procedure
Type of
Contract
First
Signature
Second
Signature
Group
Manager
Corporate
Property
Client Team
Procurement & Appointment Procedures – Schools Self Managed Projects
Works
Value
Quotation or tendering procedure
Type of
Contract
First
Signature
Second
Signature
Projects
under
£5,000
Quotations from at least two
contractors, using the Council’s register
of contractors.
Any Contractor not on the register is
subject to strict pre-qualification vetting.
Quotations should be a fixed price
against a written scope of work.
Direct Order
Head
Teacher or
Chair of
Governors
Not
Required
Projects
£5,000 to
£25,000
Quotations from at least two
contractors, using the Council’s register
of contractors.
Any Contractor not on the register is
subject to strict pre-qualification vetting.
Quotations should be a fixed price
against a written scope of work.
Direct Order
Head
Teacher
Chair of
Governors
Projects
£25,000 to
£100,000
Selective Tendering from at least four
contractors, using the Council’s
register.
Any Contractor not on the register is
subject to strict pre-qualification vetting.
A formal Invitation to Tender (ITT) is
issued, with a clear process for tender
return and evaluation.
Standard form
of Building
Contract for
minor works
(eg. JCT, GC
Works, NEC3).
Head
Teacher
Chair of
Governors
Projects
over
£100,000
Selective tendering from an
advertisement.
Contractors are subject to prequalification considering financial
viability and health and safety
competence.
For building (works) contracts in excess
of £3,927,260 the EU supplies and
services directives MUST also be
followed
Southwest One or other Professional
Advisors should be appointed to
administer the procurement.
JCT Standard
form of
Building
Contract
County
Solicitor
Chair of
Governors
Contracts
Every contract entered into by the Council which is above a value of £50,000 must
be in writing, and any contract which is of a lower value must be in writing if so
required by the County Solicitor or by the Head of Finance. In addition, officers
should have regard to advice issued by the Corporate Procurement Unit on the form
of contracts
Page - 20
Every contract which is required to be in writing must either be made under the
County Council’s seal or be signed by two officers of the County Council.
Contract documents are to be kept for 6 years for written contracts and 12 years for
contracts under seal.
The Corporate Property Client Team Authorised Officers are currently: Brian Allwood
and Kevin Nacey.
2.8
Use of Handymen/caretakers/parent or volunteer labour
Any works undertaken by Handymen, Caretakers, Parent of Volunteer labour must
be undertaken to the same standards, and with the same level of due care and
diligence, as would be exercised by a specialist contractor. Appropriate risk
assessments must be provided for the type of work expected.
Premises Managers are responsible for ensuring that the resources used must be
appropriately qualified to undertake this work, considering pre-qualification criteria of
Health and Safety, and Financial Standing. If proposed resources have potential to
come into contact with Children, they need to be CRB checked. Otherwise
appropriate management arrangements must be implemented to ensure they are
kept separate from Children.
Any proposal to undertake work using this type of labour should be treated with
extreme caution.
2.9
Operations on Site
It is essential that the Premises Manager nominates a single point of contact to deal
with the Council and its Project Manager on day-to-day issues relating to the project
and the safety of the public, pupils and staff.
The Premises Manager should be familiar with the framework for decision making
during the project. It is good practice to plan regular liaison meetings with the
professional team and contractor throughout the course of the works. Such
communication is beneficial in flagging up any problems at an early stage thus
avoiding unnecessary work or delays.
All communication with Contractors should be via the Project Manager or person
responsible for administering the construction contract. Direct communication
between Premises Manager and Contractor could result in additional cost and delay
to the works.
2.10
Handover of works
The Council Directorate must be notified when the works are certified as complete.
The following documents are required at practical completion, to allow update of the
corporate asset database:
Page - 21

As built drawings, including mechanical and electrical details.

Planning approval certificates.

Building regulation approval and completion certificates.

Mechanical and Electrical test certificates.
Further information shall be provided on request, to demonstrate compliance with
legal and corporate requirements.
2.11
Disposal and/or Acquisition of Land
Ownership of land can be a complicated issue. Specific information and guidance
can be sought from the Council’s Property Provider, Southwest One.
The Corporate Property Client must agree to any land disposal or acquisition, and
will manage all such activity.
For Community schools, the Authority must agree to any land disposal or acquisition;
voluntary schools should refer the matter to the Diocese.
Page - 22
3
Statutory Approvals
3.1
Key Contacts for Statutory Approvals
Statutory Approval
Contact
Contact Tel
Planning Consent
Planning Control Team
01823-355696.
Listed Building Consent
Planning Control Team
01823-355696
Scheduled Ancient
Monument
English Heritage (SW Regional
Office)
0117-9750700
Building Regulations
Local Authority Building Control
Taunton Deane Borough Council:
01823-356356
South Somerset District Council:
01935-462462
West Somerset District Council:
01643-703704
Sedgemoor District Council:
0845-4082540
Mendip District Council: 01749648999
Exmoor National Park: 01398323665
Public Entertainment
Licensing
Council’s Licensing Officer
(As for Building Regulations
above)
Party Wall Act
Department of Communities and
Local Government
0303 444 0000
Prescribed Alterations
for Schools
CYPD Contact
01823-355980 (Steve Aelberry)
Water Supply (Water
Fittings) Regulations
Landscape Approvals
Local Water Company – South
West Water
The Southwest One P&FM
LANDSCAPE TEAM (SCC Trees).
n/a
01823-355874 (Chris Winn)
01823-355420 (Steve Scriven)
County Arboriculturist for county
woodland trees
Non SCC trees - ref. District
Council
3.2
Planning Permission
Most extensions, new buildings and other building works require planning permission
before work can commence. Obtaining planning permission can be a lengthy
process, taking a minimum of 8 weeks. It is important to allow sufficient time for the
planning process when planning a project.
Advice should be sought from the planning officers in the Planning Control Team at
County Hall to establish the need for planning permission and to discuss the
Page - 23
procedure, timetabling, and specific information required for the planning application,
and to establish any issues that need to be addressed.
Premises managers may consider it prudent to contact any neighbours potentially
affected by a proposal to make them aware of the work intended.
Planning permission for works to Voluntary Aided (VA) schools must be obtained
from the relevant District Council.
Planning permission for works to Community and Voluntary Controlled (VC) schools
must be obtained from the Planning Control Team.
For premises within Exmoor National Park, planning permission must be obtained
from Exmoor National Park Authority.
3.3
Listed Buildings and Conservation Area Consents
Works to a listed building or works within a conservation area may require listed
building consent and / or conservation area consent. These consents must be
obtained before work can commence.
Listed Building consent is separate from planning permission and separate consent
will be required even if planning permission has been approved. Listed Building
consent may be required for projects even where planning permission is not needed,
for example internal alterations affecting the historic fabric of the building.
Obtaining such consents can take a much longer time than the planning process and
in cases may need additional consent from English Heritage.
Advice should be sought from the planning officers in the Planning Control Team at
County Hall to establish the need for consent and the merits of the proposed
scheme. Any subsequent application must be submitted to the Planning Control
Team.
Consent for works to Voluntary Aided (VA) schools must be obtained from the
relevant District Council.
Consent for works to Community and Voluntary Controlled (VC) schools must be
obtained from the Planning Control Team.
For premises within Exmoor National Park, consent must be obtained from Exmoor
National Park Authority.
3.4
Scheduled Ancient Monument Consent
Works which will affect a scheduled ancient monument will require Scheduled
Ancient Monument Consent from English Heritage before works can commence.
Page - 24
3.5
Building Regulations
Any proposal to erect a new building, or extend or alter an existing building, or put an
existing building to a different use, will probably require Building Regulations
approval. The main purpose of the Regulations is to secure the health safety and
welfare and convenience of premises users in or about buildings and others
connected with buildings.
The Regulations provide guidance on acceptable methods of construction referred to
as ‘Approved Documents’. These cover areas such a Structure; Fire; Conservation
of Fuel and Power; and Access and Facilities for Disabled People.
From April 2001, maintained schools ceased to have exemption from the Building
Regulations and are now subject to normal building control procedures.
If the proposed building works come under the Regulations, the plans will need to be
checked for compliance and approved by a building control body (that is by the local
district council Building Control Surveyor or approved inspector). This will incur a
plan inspection fee and site inspection fee by the control body. Building Regulation
approval usually takes about 4 weeks. However it can take longer if issues need to
be addressed. It is recommended that approval is sought before works commence
on site so that the design can be amended accordingly.
If the Building Regulations do not apply to a works proposal, it may be the case that
there is additional legislation that does apply. Statutory approvals required may
include planning permission, licensing, and approval under Local Acts, from the
district council.
The Area Building Surveyor or local Building Control office can be contacted for
clarification as to whether Building Regulations apply to the works proposed.
Building Regulations comprise ‘Approved Documents’ which are available for
download
from:http://www.planningportal.gov.uk/england/professionals/buildingregs/technicalg
uidance/bcapproveddocumentslist/
A
Structure
B
Fire safety
C
Site preparation and resistance to moisture
D
Toxic substances
E
Resistance to the passage of sound
F
Ventilation
G
Hygiene
H
Drainage and waste disposal
J
Heat producing appliances
Page - 25
K
Protection from falling, collision and impact
L
Conservation of fuel and power
M
Access and facilities for disabled people
N
Glazing – safety in relation to impact, opening and cleaning
P
Electrical Safety
3.6
Party Wall etc Act 1996
The Party Wall etc Act came into force in 1997 and affects any building owners who
wish to construct new walls on boundaries with adjoining owners, repair or otherwise
modify existing party walls, or excavate close to neighbouring buildings.
This Act is applicable to all relevant work throughout England and Wales and, whilst
it affords the building owner with rights, it also places duties on them including a
requirement to serve notice on neighbouring owners of a desire to have certain work
carried out which also affects them. Procedures must be followed, often within
specific time limits, and although relatively straightforward they can be time
consuming and must be followed precisely. This Act also applies to ‘Party Fence
Walls’, which stand on the land of two adjoining owners but do not form part of any
building. Building owners or occupiers may be personally liable if there is damage to
an adjoining owner’s property and liable for injury to any adjoining owner or occupier
if this results from the carrying out of work.
An explanatory booklet ‘The Party Wall etc Act 1996’ is available free of charge
from The DTLR Free Literature PO Box No236 Wetherby l23 7NB, Tel 0870 1226
236 or Fax 0870 1226 237.
3.7
Prescribed Alterations – Statutory Consultation Process and School
Organisation Committee Approval
Some projects undertaken at schools may be classed as ‘Prescribed Alterations’.
As such schools will need to comply with obligations to consult and publish statutory
notices about their proposals, and they may need to seek approval of the School
Organisation Committee also. In relation to a community school the lead
responsibility for this will rest with the Council; in relation to voluntary schools the
responsibility rests with the governing body; and in relation to foundation schools the
responsibility will rest with either the Council or the school depending upon the
nature of the proposal. All schools are advised to seek Council guidance on this
matter during the preliminary stages of a proposal, as the statutory process is time
consuming.
3.8
The Education (School Premises) Regulations
All educational buildings are subject to The Education (School Premises)
Regulations 1999, which prescribe minimum standards for both new and existing
schools. These contain specific references to the DfE Constructional Standards, with
Page - 26
which any new building work at schools should also comply. The regulations can be
downloaded from:
http://www.teachernet.gov.uk/management/resourcesfinanceandbuilding/schoolbuildi
ngs/sbregulatoryinformation
The Education (School Premises) Regulations set out minimum standards for:
School facilities:
 washrooms for pupils and for staff
 medical accommodation
 staff accommodation
 ancillary facilities
 playing fields

accommodation provisions for boarding schools
Structural requirements:
 load bearing structure
 weather protection
 health, safety and welfare
 acoustics
 lighting, heating and ventilation
 water supplies and drainage
3.9
Water supply regulations
If building owners or occupiers are making any changes to water services, the local
water company must be notified under the Water Supply (Water Fittings)
Regulations. The water company has the authority to inspect existing services and if
defects are found that result in contamination or waste of water they will insist that
repairs are carried out.
3.10
Public entertainment licensing
If any part of the building is licensed for public entertainment, approval from the
Council’s Licensing Officer may be required for even minor alteration work.
3.11
Landscape issues
If proposed work affects trees or hedges in any way, this should be checked with the
Authority. If the trees are covered by a tree preservation order or are in a
conservation area, consent for the work will be required from the local planning
authority.
Contact Details: These differ depending on location of trees –
Page - 27

The Southwest One P&FM LANDSCAPE TEAM for all SCC Trees. Contact Chris
Winn 01823- 355874; email: CRWinn@somerset.gov.uk

The County Arboriculturist for county woodland trees, currently Steve Scriven
01823 355420 email: SJScriven@somerset.gov.uk.

Non SCC trees - these should be referred to the relevant District Council
3.12
Other statutory and legal issues relevant to a site
In addition to the statutory approvals above, there may be further statutory and legal
issue that need to be considered such as:
Legal ownership of the land.

Covenants (that place specific requirements or restrictions on the use of land).

Easements (that place certain rights on land e.g. a right of access across land).

Rights of Way.

Tree preservation orders.

Rights to light (this basically is the law that governs the amount of light that a
building owner is entitled to receive through a window).

At an early stage the legal title of the land needs to be checked to ascertain
whether there are any covenants or restrictions on the ability to build.
Page - 28
4
DfE and Somerset County Council Design
Standards
DfE building bulletins, plus a full list of publications, can be downloaded from:
http://www.teachernet.gov.uk/management/resourcesfinanceandbuilding/schoolbuildi
ngs/sbdupublications/
The Council uses DfE building bulletins and other guidance documents as the
foundation for its judgements but also produces local benchmark design standards
for works to schools. These are the standards that the Council expects designers of
new schools, extensions and refurbishments to follow. Further information can be
obtained from the Planning and Admissions: School Site Development Team.
Page - 29
5
Planned Preventative Maintenance (PPM)
5.1
Funding of Planned Preventative Maintenance (PPM)
General
Somerset County Council generally holds revenue funding for repair and
maintenance of its premises, with the exception of maintenance of schools.
Schools
The Council has a 100% delegation of revenue funding to schools for repairs and
maintenance to buildings, and therefore retains no revenue funding for this provision.
However, the Council does provide a maintenance buy back scheme "BMIS" (with
versions for both community and VA schools alike) which schools can subscribe to
should they choose to do so.
The repairs and maintenance element within the overall delegated school’s budget is
provided through the formula funding mechanism. This element of the budget is
intended to provide for the routine servicing of plant and equipment, day to day
repairs in schools, and other cyclical maintenance works. Items such as replacement
flooring covering, internal redecoration, loose furniture and equipment (excluding
ICT) are considered to be revenue items. Revenue funding can also be used as a
contribution to 'top up' major schemes funded through capital sources. However,
capital funding cannot be used to support revenue expenditure.
5.2
Planned Preventative Maintenance and Servicing
Preventative maintenance is work that is carried out at pre-determined times and to
pre-determined standards and is intended to reduce the possibility of an item not
meeting an acceptable standard.
Preventative maintenance, when undertaken in a phased and programmed manner,
can reduce the volume of day-to-day and more costly reactive and responsive
repairs. By introducing a planned approach to maintenance, the building asset will be
preserved, disruption will be minimised and a financial benefit achieved.
The regular inspection of a building’s general condition can, at an early stage,
identify defects, which if left could incur more costly remedial works.
In the case of Schools, Non-BMIS / SLA schools and VA schools without an SLA are
advised to seek specialist advice regarding servicing and repairs.
PPM Inspections by the Premises Manager or Caretaker
The following table has been compiled to enable premises managers, including
those for Schools, plan and implement a cyclical maintenance programme that can
Page - 30
help prolong the durability of buildings, plant and equipment and reduce reactive
repairs.
Element
Maintenance Activity
Frequency
Comments
Check and inspect
damaged floors for trip
hazards, especially in floor
finishes.
Weekly
Defective tiles, lifting edges,
joints to sheet materials.
Periodic inspection and ad
hoc repairs as necessary.
Termly (or
equivalent)
Inspect pitched and flat roofs
from ground level or suitable
upper floor window and report
defects and/or damage likely to
cause failure in or water ingress.
Periodic inspection of
gutters, roof outlets, drain
pipes, etc.
6 monthly or
more frequently
during Autumn
and/or location
Inspect and remove debris,
leaves etc. Clear/clean gullies
and report any blockages and/or
defects.
Periodic inspection of
locks/security, and ad hoc
repairs.
Termly (or
equivalent)
Check operation of opening
mechanisms, closers and fittings
generally.
Integrity of glazing and
vision panels.
Termly (or
equivalent)
Check glazing and protective
films for damage. Report
damage in glass integrity.
Glazing risk assessment.
As required
Seek specialist risk assessment
for glass and glazing under
Regulation 14, Workplace
Regulations (H&S) 1992.
Refer to SCC Corporate
Property Standard – Safety
Glazing – Issue 5 (March 2008)
External
walls,
ceilings,
partitions and
cladding
Periodic inspection and ad
hoc repairs.
Termly (or
equivalent)
Inspect wall surfaces externally
and internally, check and report
defects and/or damage.
Note: be aware of asbestoscontaining materials.
Miscellaneous
structure (eg,
outbuildings)
Periodic inspection and ad
hoc repairs.
Termly (or
equivalent)
Inspection of miscellaneous
structures, check and report
defects and/or damage.
Periodic inspection and ad
hoc repairs.
Termly (or
equivalent)
Visual inspect lightning tapes
and earthing pits. Report defects
and/or damage. Seek specialist
advice.
Visual inspection by the
premises manager.
Annually
Inspect asbestos containing
materials (ACM's) for signs of
disturbance/ damage. Report
defects to the Asbestos Team
immediately
A. Structure and Constructional items
Floor, stairs
and landings
Roof
coverings
Gutters, Roof
Outlets,
Drains
Windows and
doors
Lightning
protection
Asbestos
Page - 31
Element
B.
Maintenance Activity
Frequency
Comments
Annually
Inspect internal and external
finishes, including tiling,
masonry and paint-work. Report
major defects and/or serious
damage.
Periodic inspection of cold
water supply and
distribution pipework.
Annually
Check pipework for leaks and
stop valves for correct operation
and report any defects. Be
aware of Legionella prevention
requirements.
Periodic inspection of
pumps, cold water storage
tanks and insulation.
Annually
Check pumps, tanks and
insulation and report any
defects.
Periodic inspection and
repair/replacement of
sanitary fittings, taps,
wastes, traps and fittings.
Termly (or
equivalent)
Inspect sanitary ware, check
and report defects and/or
damage. Check auto-flushing
systems for correct operation.
Periodic inspection to
check for blockages.
Termly (or
equivalent)
Inspect drains, gullies, manhole
chambers, etc and report need
for rodding, jetting or cleaning.
Check operation of sump pump
and ensure pits are clear of
debris.
Kitchens - clean out grease
traps.
3 monthly
Periodic inspection.
6 monthly or
more frequently
during Autumn
and/or location
Clear leaves and offsets to
prevent ingress and dampness.
Visual inspection of boilers,
controls, burners and
associated pumps, pipes
and equipment within boiler
house.
Weekly
Check installation prior to
heating season and end of
season prior to turning off.
Visual inspection of hot
water calorifiers, pumps,
controls and pumps, within
the boiler house.
Weekly
Check installation prior to
heating season and end of
season prior to turning off.
Decorations
Periodic inspection.
Internal and
external
decorations
C.
Note: set up rolling
programme of painting
works, with circulation
areas being painted more
often.
Water and Drainage
Water supply
systems
Waste pipes
and above
ground
drainage
Down pipe
and gutters
D.
Mechanical Services
Heating
installation
Page - 32
Element
Maintenance Activity
Frequency
Comments
Visual inspection of pipes,
valves, insulation and
general surfaces within
boiler house.
Weekly
Inspect boiler house surfaces
and report defects/ damage.
Ensure no combustible materials
or inflammable substances are
stored within the boiler
room/house.
Visual inspection of boiler
flues and chimneys.
Weekly
Check for visual defects and
suspicion of leakage and report
defects/ damage.
Check heat emitters,
convectors, etc. (School to
do.)
Monthly
Check integrity of fixings and
valve operation and report
defects/ damage.
Visual inspection of plant,
equipment and ductwork.
Monthly
Report defects.
Visual inspection of direct
oil and/or gas fired heaters
including remote boilers, ie,
caretaker's house.
Monthly
Check installation prior to
heating season and end of
season prior to turning off.
Visual Inspection by the
Premises Manager
Monthly
Pipe work and fittings to be
visually inspected for corrosion
and damage.
Visual inspection foul water
pumps, storage vessels
etc, and periodically desludge.
Monthly
Sewerage
pumps and
chambers
Inspect and service equipment
in accordance with
manufacturer's
recommendations and report
defects/damage.
Oil supply
pipes and
tanks
School to visually inspect.
Periodic inspection and
test.
Monthly
Inspect valves and pipework and
check for leakage and report
defects/ damage.
Visual inspection of
cooking equipment, water
softeners, water boilers,
etc.
Monthly / Termly
Check safety valves and general
operation and report
defects/damage.
Clean and service kitchen
canopy.
Monthly / Termly
Degrease canopy filters and
clean stainless steel hood.
Annual service of fan motor and
duct work.
Test pH level of water and
chemically treat water.
Daily
Check water content and carry
out daily maintenance.
Keep records.
Daily
Periodic inspection and
check/adjust heating plant,
filtration and associated
pipework.
Weekly
Air
conditioning
and
ventilation
Oil and gas
fired heaters
LPG Pipe
Work
Kitchen
equipment
Swimming
pools
Carry out normal maintenance
including backwashing of pool
filters and plant.
Page - 33
Element
Maintenance Activity
Frequency
Comments
Service plant and
equipment.
6 monthly
Carry out two major services in
summer and spring each year.
Electrical fixed wiring.
Annually
Service contract for
inspection/test and report.
Check condition and
operation of fire blankets,
extinguishers, fixed hoses
and valve.
Weekly
Periodic inspection of tamper
proof seals and check
equipment in good order.
Service fire-fighting
equipment.
Annually
Service contract to inspect, test
and replace defective
equipment.
Periodic inspection and
testing of fume cupboards
including extractor fans and
duct work.
Monthly
Test fume cupboard
performance, physical condition
and service pipe connections.
Do not use if defective.
Test and service workshop
machinery, brazing
hearths, etc.
Monthly
Service mechanical plant and
machinery to technology and
workshop areas. Do not use if
defective.
Periodic inspection and
testing of fixed plant and
machinery, ie. lathes,
woodwork machines, kilns,
etc.
Monthly
Service contract for
inspection/test fixed plant and
equipment, and report. Do not
use if defective.
Periodic servicing of all
kitchen equipment and
white goods, ie. ovens,
ranges, refrigerators, etc.
Annually
Service contract for
inspection/test fixed plant and
equipment, and report. Do not
use if defective.
Portable equipment testing
and maintenance of
equipment register for all
electrical items of a
portable nature.
Weekly /
Monthly
dependant on
duty
Service contract to update
equipment register, test and
certify all items of portable
equipment.
Periodic inspection of lifts.
Monthly
Report defects.
Lift
installations
Inspect hoists, lifting aids,
barriers and electric door
motors, etc.
Monthly
Report defects.
Powered stair
lifts
Visual inspection and test
of equipment.
Monthly
Report defects.
Audible fire alarm test.
Weekly
Can be carried out by premises
manager or nominated
representative.
Fire fighting
equipment
Fume
cupboards
and other low
electrical
voltage
Workshop
machinery
E.
Electrical Services
Fixed
equipment
School
equipment
related to
curriculum
activity
Fire alarm
Page - 34
Element
Security
system
Emergency
lighting
F.
Maintenance Activity
Frequency
Comments
General test of fire alarm
system.
3 monthly
Test fire alarm and fire
evacuation procedures.
Test and commission
integral fire alarm, and
emergency lighting system
and battery back up.
Bi Annually
Service contract to test and
reset fire alarm system and
issue certificate annually
(required where public licence in
operation).
Periodic inspection and
testing of security system.
Termly (or
equivalent)
Service contract for testing and
maintenance of security system
including detectors, cameras,
panels, etc.
Periodic inspection and
testing of the emergency
lights.
Daily visual check required
on a sample of emergency
lighting to comply with BS
Monthly
Check bulbs and operation.
Charging LEDs illuminated.
Report defects.
Visual inspection and ad
hoc repairs.
Before use and
Termly, or
equivalent.
Check general condition of
equipment and all fixtures and
fittings before use and at least
termly and report damage/
defect. Do not use if defective.
Visual inspection and ad
hoc repairs to children's
play equipment and
adventure areas.
Monthly
Can be undertaken by premises
manager or nominated
representative. Specialist
supplier to be contacted for
repairs as required.
Inspect folding table/chair
units.
Daily
Can be carried out by premises
manager or nominated
representative. Annual
inspection by
supplier/manufacturer.
Periodic inspection and
eradication of vermin.
Termly (or
equivalent)
Check for signs of vermin and
seek specialist advice.
Visual inspection by the
premises manager
Annually
Condition of signage to be
inspected and relevance to be
determined. Damaged/ worn
signage to be replaced as and
when required and irrelevant
signage to be removed
Termly (or
equivalent)
Maintain hard surfaces and
walkways in safe condition and
request ad hoc repairs as
necessary.
Furniture, Fixtures and Fittings
Fixed sports
and
gymnasium
equipment
External play
equipment
Kitchen
equipment
Pest control
Signage
G.
External Works/Caretaker's House
Playgrounds,
car parks,
roads and
footpaths
General inspection,
maintenance and surface
treatment.
Page - 35
Element
Ground
generally
Fences,
boundary
walls and
gates
H.
Maintenance Activity
Frequency
Comments
Inspect kerbs, channels,
verges, line marking, etc
and ad hoc repairs.
Termly (or
equivalent)
Generally maintain perimeters of
hard surfaces, clean channels
and maintain line markings as
required.
Normal ground
maintenance.
Termly (or
equivalent)
Ground maintenance for grass
cutting, planting and flower bed
maintenance, etc.
Periodic inspection and ad
hoc repairs.
Termly (or
equivalent)
Check gates for correct
operation. Inspect and maintain
boundary walls, fences, etc, in
safe condition and request ad
hoc repairs as required.
Periodic inspection of all
manhole/access chambers.
Termly (or
equivalent)
Check for clear running location
and fit of access covers/ doors.
Grease and refit seals as
appropriate. Clear soil and
debris from channels. Note
condition of pointing, broken
covers and other obvious
defects and arrange remedial
work.
Periodic rodding and
flushing of debris.
As required
Report frequent need for rodding
and report blockages.
Periodic inspection of all
manhole/access chambers.
Annual
Check clear running location
and fit of access covers/doors,
grease as appropriate. Clear soil
and debris from channels. Note
conditions of pointing, broken
covers and other obvious
defects and arrange remedial
work.
Periodic rodding and
flushing of debris.
As required
Report frequent need for rodding
and report blockages.
Periodic inspection of
residential accommodation
including checks for
dampness, rot, infestation
and habitable condition.
Annually
As per main school buildings but
caretakers/site manager to
report repairs/defects as
required. Service all gas
equipment.
Landlord's gas safety
report.
Annually
Check safety of all gas
appliances and issue the
Landlord's safety certificate.
Change of tenancy.
As required
Check, test and inspect all gas,
electric and other services.
Periodic inspection for
defects
Weekly
Annual inspection by specialist
contractor required
Below Ground Drainage
Foul drainage
Surface water
drainage
Caretaker's
housing
Playground
equipment
Page - 36
Element
Maintenance Activity
Frequency
Comments
Outbuildings
Periodic inspection and ad
hoc repairs to all
outbuildings, stores,
temporary buildings, sheds,
etc.
Termly (or
equivalent)
Can be carried out by premise
manager or nominated
representative - checks to report
defects or damage likely to lead
to failure in weather tightness or
structural stability.
The maintenance activities generally require only visual inspection of the elements
and can be undertaken by the school caretaker or premises manager without the
need for specialist advisers. Any defects noted during the inspections should be
reported to the Area Building Surveyor or Area Engineer, or to the school’s
maintenance contractor via the repairline if appropriate.
In the majority of cases mechanical and electrical plant and equipment will be
subject to separate servicing and maintenance arrangements by specialist
engineers. The visual inspections detailed are designed to sit along side these
arrangements and not replace them.
5.3
Plant and Equipment Testing and Servicing
A summary of Plant and Equipment testing and servicing requirements is provided
below, for all Council properties.
As a result of delegation and the Fair Funding scheme, schools now have
responsibility for all those elements of building maintenance covered by statute.
Schools must arrange for the servicing and testing of plant and equipment to be
undertaken at the appropriate time and frequency. To confirm arrangements for
existing service contracts, contact: Southwest One P&FM Servicing Administrator
(if bought through BMIS).
Any organisation chosen to undertake the works must be recognised by an
appropriate industry standards body to secure safe maintenance and management
through competent, trained and qualified operatives and contractors.
Servicing and Testing
Frequency
Gas installations, equipment and
appliances
Annual service of gas appliances are required and a five
yearly integrity check
Solid fuel boilers
Annual service
Oil fired boilers
Annual service oil systems required (SCC carry out 6
monthly as they suffer from combustion deposits which
effect performance) and a five yearly integrity check to
include the tank & bund
Electrical portable appliance testing
Between 1 and 3 yearly (dependant on duty based on risk
assessment)
Kitchen extraction systems / duct
system cleaning
14 month service (dependant on duty)
Page - 37
Servicing and Testing
Frequency
Legionella risk assessment
Risk assessment review every two years or when any
change occurs annual check on consecutive years
Portable fire fighting equipment
Annual service
Fixed electrical wiring installation
Frequency: Periodic test and inspection of 100% of the
circuit every 3 to 5 years for a school or council building
dependant on last test report and condition of installation
(test annually for stage lighting and for areas of public
entertainment)
Fire safety risk assessment
In accordance with CHSU requirements (link provided in
section 10).
Fire alarms
Annual service, and a weekly call point test which is a
user test
Emergency lighting
Annual service or quarterly if wet cells are present
Lightning conductors
Annual inspection and test
Passenger lifts
Quarterly or 6 monthly service (dependant on duty)
Non-passenger lifts, hand powered
service lifts and platform hoists
Annual service
Powered stair lifts
6 monthly service
Local exhaust ventilation
Fourteen-monthly checks Currently done annually
Air conditioning / F Gas checks
Annual service ( dependant on size and type of gas
stored) Every 5 years an EPBD report may be required
Playground equipment
Annual inspection
Compressors, pressure vessels,
compressed air and LPG.
Servicing as per the “written scheme of examination” for
the equipment – at least annually.
LPG tanks are owned by the company that provides the
LPG.
Please note that failure to have the necessary servicing, testing and maintenance
carried out may affect the school's insurance cover. Furthermore this can risk the
health and safety of all school users. A record should be kept on the premises of all
the statutory servicing undertaken.
Schools must always obtain a certificate from the contractor to show that the works
have been carried out.
The ‘GAS SAFE REGISTER’
NICEIC
National Inspection Council of Electrical Installation Contracting
ECA
Electrical Contractors Association
Page - 38
5.4
The Building Maintenance Indemnity Scheme (BMIS) for Schools
The BMIS Fund
BMIS is a co-operative, risk-spreading scheme, owned by its member schools, to
manage the repairs and maintenance of its building stock.
Schools transfer their delegated repairs and maintenance monies into the BMIS
Fund, which is managed by Property Services provider, Southwest One. Southwest
One plans and delivers the work required and ensures that value for money is
optimised through the buying power that is achieved by pooling funds in this way.
Three Principle Strands of BMIS
(i)
Programmed Maintenance - These are the larger scale projects that need to
be planned in advance and tend to provide the greatest impact on schools, in terms
of improving the condition of the buildings and the learning environment for young
people. Examples of this type of project include renewal of heating systems and the
renewal of an entire roof covering. BMIS funds are limited so not many toilet or Lab
refurbishments are carried out. Better examples of works are external redecorations,
playground resurfacing, electrical rewiring and window and door replacements.
The trigger for having a programmed maintenance project carried out is to have it
identified as a ‘need’ on the condition survey database. The list of needs for an
individual school is reported in the form of a ‘Prioritised Maintenance Plan’. The
schools dedicated Area Building Surveyor will be able to discuss the relative urgency
of the items set out in this plan and can add projects to it, to ensure that it represents
the most up to date picture of the schools maintenance investment needs.
Annually, Southwest One will develop a programme of planned maintenance
projects, in consultation with member schools, to deliver over the next delivery
period. Schools decide, following advice from Southwest One, which projects they
want carried out over this delivery period, funded by their delegated repairs and
maintenance monies and their Devolved Formula Capital Grant (DFCG). A
programme is then prepared based on need, funds available and priority of repairs.
(ii)
Servicing - This is the regular testing, inspecting and servicing of the key
engineering installations within the building, such as the heating system, electrical
wiring and fire alarm systems. This work is not only essential in terms of prolonging
the life of these systems and reducing the risk of breakdowns and faults, but is also
essential in terms of keeping the buildings safe and as such is a statutory
requirement.
Southwest One completely manages this element of the work and ensures that the
necessary arrangements are in place to have this work professionally carried out, at
the best possible price and ensures that the information derived from the
inspections, etc, is used to make the most intelligent decisions about future
maintenance work.
Page - 39
(iii) Unplanned Maintenance BMIS and SCC Non-School premises - This is
also termed as ‘reactive’ repairs and is the work that cannot be predicted or easily
prevented. It tends to be the lower value work, but is normally work that cannot be
delayed and requires a quick response, such as a dripping pipe, a broken boiler or a
leaking roof.
It is possible for schools to request these types of repairs through a dedicated
telephone. Contact: Tel. 01823 357357 (for BMIS members only).
Contact BMIS Manager, Helen Acreman, Tel. 01823 355528. email:
HJAcreman@somerset.gov.uk
This links with a number of contractors that will provide a guaranteed response times
and preferential rates to BMIS schools.
Benefits of BMIS
The management of property repairs and maintenance has significant risks,
particularly for individual schools. The work can be difficult to predict, which can
result in significant expenditure in any given year (i.e. above an individual schools’
delegated budget) and have dire consequences if not properly planned and
executed. The benefit of BMIS to its member schools, as well as significantly
increasing buying power, is that it mitigates the risks that are inherent in this area.
Pooling of funds helps to address the financial risks and having the expertise of
qualified Property Services professionals ensures that work is safely executed and
that statutory responsibilities are complied with.
The BMIS prospectus sets out in greater detail the way the scheme is operated and
there are staff dedicated to each member school for them to discuss any queries that
they have.
Management of the BMIS Maintenance Fund
The following diagram shows how maintenance work is funded through BMIS, how a
proportion of each schools subscription is ring-fenced and how schools can top-up
through DFCG in order to have additional programmed work carried out at their
school.
School BMIS Subscription
Tenant Controlled Fund
Manager Controlled Fund
(ring fenced to subscribing school) (60%)
(40%)
1
2
3
Predicted unplanned Maintenance &
Service Costings
Programmed
Maintenance
Programmed Maintenance
Requiring a DFCG Contribution
Page - 40
Notes

This figure is calculated based on historic spending levels at individual schools.
Some schools with high levels of unplanned maintenance expenditure may
require a contribution from the Manager Controlled Fund, simply to support the
costs of unplanned maintenance and servicing. Schools in this category would
not be able to fund programmed maintenance from the Tenant Controlled Fund.
 Schools where there is predicted to be a balance on the Tenant Controlled Fund,
after making an allowance for unplanned maintenance and servicing costs,
should use this balance to fund programmed maintenance work. Programmed
work in this category does not require a DFCG contribution.
 Programmed maintenance projects that cannot be funded from the Tenant
Controlled Fund, must be jointly funded from the Manager Controlled Fund and
the school’s own funds (e.g. DFCG). The level of DFCG contribution will be
dictated by the priority of the project, as determined by the Priority Index Scoring
Band System, as shown below.
Priority Index Scoring
Band
Contribution from
BMIS
DFCG
Contribution
1
60%
40%
2 & External Painting
40%
60%
3–8
20% (max)
80% (min)
Page - 41
6
Council’s Financial Regulations, Contract
Standing Orders & Procurement
The Council’s Financial Regulations are available at:
CORPORATE INTRANET LINK –
http://www.somerset.gov.uk/organisation/key-documents/the-councils-constitution/ then please click on the link 'Contract Standing Orders' on the right to open the
document.
Schools work to the SCC Financial Management Scheme (latest version April 2014)
which incorporates SCC Standing Orders and the Council's Financial Regulations.
These can be found on the Somerset Learning Platform on Somerset iPost
(iPostID3117).
https://slp.somerset.gov.uk/somersetipost/iPost%20Documents/Financial%20Manag
ement%20Scheme%202014.15%20FINAL%20VERSION%2025.03.14.doc.
Within these regulations, the Council’s Contract Standing Orders (last updated
4 February 2014) set out the administrative procedure that must be followed in
seeking tenders and letting contracts for the supply of goods, services and works.
The objective of the Contract Standing Orders is to ensure that such contracts are
awarded on the most financially favourable terms, having due regard to quality,
service and fitness for purpose, the Council’s Procurement Strategy and the policies
of the Council.
For further information, contact Somerset Direct (01823) 273588 - press ‘4’ for
Finance; Fax: (01823) 356109; Email: EFSFinance@somerset.gov.uk
Page - 42
7
EU Procurement Regulations
The European Union (EU) procurement directives, and the Regulations that
implement them in the UK, set out the law on public procurement. Their purpose is
to open up the public procurement market and to ensure the free movement of
goods and services within the EU.
The rules apply to purchases by public bodies and certain utilities that are above set
monetary thresholds. They cover all EU member states and, as a result of
international agreements, their benefits also extend to a number of other countries
worldwide.
Where the regulations apply, contracts must be advertised in the Official Journal of
the EU and there are other detailed rules that must be followed. The rules are
enforced through the courts, including the European Court of Justice (ECJ).
The EU Directives allow four ways of letting a contract:
1.
The open method whereby the contract is advertised and anyone can apply
for the documentation and put in a tender.
2.
The restricted method which is similar to our selective tendering method
whereby a contract is advertised and contractors can apply to get onto the
select list of tenderers who will be asked to submit their bids.
3.
The negotiated method whereby the client organisation can negotiate with
one contractor to achieve an acceptable contract. The negotiated method is
very much the exception and can only be used in limited specified
circumstances.
4.
The use of competitive dialogue which specifically permits dialogue between
the contracting authority and contractors during the stages of the procurement
process. This new procedure is aimed at large, complex contracts such as
PFIs and PPPs. It enables contracting authorities to develop specifications
with the input of contractors, and to assist contractors in developing tenders
that are responsive to the specifications.
Further information on the legal framework for procurement is provided by the Office
of Government Commerce (OGC) at: http://www.ogc.gov.uk/procurement__the_bigger_picture_policy_and_standards_framework.asp
Page - 43
Procurement Thresholds from 1 January 2010 (Figures are net of VAT)
Supplies
Services
Works
Entities listed in Schedule 1 - Central
Govt bodies subject to WTO GPA
£101,323
(€125,000)
£101,3232
(€125,000)
£3,927,260
(€4,845,000)
Other public sector contracting authorities
£156,442
(€193,000)
£156,442
(€193,000)
£3,927,260
(€4,845,000)
Indicative Notices
£607,935
(€750,000)
£607,935
(€750,000)
£3,927,260
(€4,845,000)
Small lots
£64,846
(€80,000)
£64,846
(€80,000)
£810,580
(€1,000,000)
Page - 44
8
Disability Discrimination
8.1
Introduction
Over the last few years, there have been a number of pieces of legislation relating to
disability discrimination, which have had an impact on schools, governing bodies and
the Council.
The first piece of legislation is the ‘Disability Discrimination Act 1995’ (DDA). The
Disability Discrimination Act came into force in 1995 with the aim of providing equal
rights to disabled people. The Act is split into several parts all dealing with different
aspects of disability discrimination. The main parts of the Act that affect schools are:

Employment

Access to goods, facilities and services

Education
The second piece of legislation is the ‘Special Educational Needs & Disability Act
2001’ (SENDA). The Special Educational Needs & Disability Act 2001 came into
force in 2002, and extends the Disability Discrimination Act 1995 to cover every
aspect of education to prevent discrimination against disabled people in their access
to education. The Act makes it unlawful to discriminate, without justification, against
disabled pupils and prospective pupils:

In relation to admissions

In relation to education and associated services, or

By excluding a pupil.
The duties apply to all schools, their disabled pupils, prospective pupils and to every
aspect of school life. The principle behind this legislation is that wherever possible
disabled people should have the same opportunities as non-disabled people in their
access to education.
Contact:Michelle Howell is the Equalities Employment Officer.
Tel. 01823 355815
Email. Mhowell@somerset.gov.uk
CORPORATE INTRANET LINK Each area has its own HR section which should be the first point of contact. A list of
these contacts can be found at:
http://enterprise.somerset.gov.uk/HR/HR_Contacts.asp
SIX LINK - http://www.six.somerset.gov.uk/equalities/
Page - 45
8.2
The meaning of disability
An adult or a child has protection from discrimination under the Act if he or she is
disabled. A disabled person is someone who has a physical or mental impairment,
which has an effect on his or her ability to carry out normal day-to-day activities.
The effect of this impairment must be: 
Substantial and adverse (that is, more than minor or trivial) and;

Long term (that is, it has lasted or is likely to last for at least a year or for the rest
of the life of the person affected).
8.3
Required action – employment
Part II of the DDA relates to disability discrimination in the workplace. This covers all
work places regardless of the number of people employed. Under the Act
discrimination can occur in three ways:

A disabled employee is treated less favourably because of their disability.

The less favourable treatment cannot be reasonably justified.

An employer fails to make reasonable adjustments that would have resolved the
less favourable treatment. This may include adjustments to recruitment and
promotion procedures; training and dismissal procedures and physical features
in the work place for known* disabled employees.
* There is currently no duty on employers to make physical building alterations
before a specific need arises.
8.4
Required action – access to goods, facilities and services
Part III of the DDA places certain duties on those providing goods, facilities or
services to the public and those selling, letting or managing properties. The Act
makes it unlawful for service providers, landlords and other persons to discriminate
against disabled people:

By refusing to provide (or deliberately not providing) any service which it provides
(or is prepared to provide) to members of the public; or

In the standard of service which it provides to the disabled person or the manner
in which it provides it; or

In the terms on which it provides a service to the disabled person.
It is also unlawful for a service provider to discriminate by failing to comply with the
duty to make reasonable adjustments in circumstances in which the effect of that
failure is to make it unreasonably difficult for the disabled person to make use of that
service.
Schools may act as Service Providers in the following ways:-
Page - 46

Governors’ meetings.

Services offered to pupils which are not related to their studies, such as skiing
holidays.

Services offered to parents, such as meetings to present the annual report and
admission and exclusion hearings where an appeal is by the parents.

Fund-raising events organised by parent teacher associations such as jumble
sales, boot sales or dances.

Leisure time activities for children or adults without any element of educational
development.

The use of school sports facilities by the local community or the hiring of school
accommodation to members of the public.
8.5
Reasonable Adjustments

Since 1996, it has been unlawful for service providers to treat disabled people
less favourably for a reason related to their disability.

Since 1999, service providers have had to make ‘reasonable adjustments’ for
disabled people by changing practices, policies and procedures; providing
auxiliary aids and services or by overcoming a physical feature by providing
services by reasonable alternative methods.

From 1st October 2004, service providers have had a duty to make other
‘reasonable adjustments’ in relation to the physical features of their premises
to overcome physical barriers to access.
The duty of the service provider to make reasonable adjustments fall into 3 main
areas being:

Changing practices, policies and procedures.

Providing auxiliary aids and services.

Overcoming physical features by removing the barrier or feature, altering it so
that it no longer has that effect, providing reasonable means of avoiding it, or
providing a reasonable alternative method of making the service available.
It is important not to assume that the only way to make services accessible to
disabled people is to make a physical alteration. Sometimes minor changes to
practices or policies, such as allowing more time to help a disabled person, will help
that person access the service.
One of the biggest barriers stopping disabled people accessing services can
sometimes be the attitude of staff toward them and not the fact that a ramp is too
steep or a door is too narrow.
In essence, employee training is an important factor in making reasonable
adjustments. Employees need to be aware of the requirements of disabled
Page - 47
customers so that they can respond correctly. They should know how to provide an
auxiliary service and how to use any auxiliary aids that the service provider offers.
8.6
Making ‘Reasonable Adjustments’ in Practice
Practices, policies and procedures
When a service provider provides a service to the public it will have established a
way of doing this. This procedure may be set out formally or may have become
established over time. In some cases, a service provider may, unwittingly, have
developed some practices which make it unreasonably difficult for disabled people to
make use of its services.
In such cases, the service provider must take such steps as is reasonably
practicable to change the practice so that it no longer has that effect. This may mean
telling staff not to do a particular thing or amending a policy to allow exceptions or
abandoning the policy altogether.
Auxiliary aids and services
A service provider must take reasonable steps to provide auxiliary aids or services if
it would make it easier for disabled people to use the service.
There is no specific list of what constitutes an auxiliary aid or service. It may be the
provision of a specialist piece of equipment, such as an induction loop, or it may
simply be providing extra assistance for disabled people.
Overcoming barriers created by physical features
Where a physical feature makes it impossible for a disabled person to access a
service, the service provider must take reasonable steps to either:

Remove the feature.

Alter it so that it no longer has that effect.

Provide a reasonable means of avoiding the feature.

Provide a reasonable alternative method of making the service available.
Physical features will include steps, stairways, kerbs, exterior surfaces and paving,
parking areas, building entrances and exits, internal and external gates and doors,
WC and washing facilities, public facilities (such as telephones, counters or service
desks), lighting and ventilation, lifts, escalators, floor coverings, signs, furniture, and
temporary and movable items.
Removing, altering, avoiding physical features
Under the Act, removing, altering or providing alternative means of avoiding a
physical feature will all be deemed as reasonable adjustments. However in terms of
making adjustments to avoid a physical feature, consideration needs to be given as
Page - 48
to whether the provision of the service in a different way significantly offends the
dignity of disabled people and the extent to which it causes disabled people
inconvenience.
Providing alternative methods of making the service available
Under the Act, providing alternative methods of making the service available may
also be a reasonable step, however again due consideration must be given as to
whether the provision of the service in that particular way significantly offends the
dignity of disabled people and the extent to which it causes disabled people
inconvenience.
8.7
Education
The Special Education Needs Act (SENDA), places 3 main duties on educational
establishments being:

The disability discrimination duties.

The planning duties.

The Special Educational Needs (SEN) framework.
The disability discrimination duties
The disability discrimination duties provide protection for disabled pupils by
preventing discrimination against them at school on the grounds of disability.
There are two key duties involved in ensuring that schools do not discriminate
against disabled pupils. These are:

Not to treat disabled pupils less favourably.

To take reasonable steps to avoid putting disabled pupils at a substantial
disadvantage.
Planning duties
SENDA sets out requirements on local education authorities and schools in England
and Wales to draw up accessibility strategies (LEAs) and accessibility plans
(schools) to improve access to education at schools over time. The strategies and
plans have to address three distinct elements of planned improvements in access for
disabled pupils:

Improvements in access to the curriculum.

Physical improvements to increase access to education and associated services.

Improvements in the provision of information in a range of formats for disabled
pupils.
The Somerset Accessibility Strategy is available on www.six.somerset.gov.uk.
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The planning duties also update the requirements on governing bodies to provide
information in their annual report about arrangements for disabled pupils at the
school. The governing body of a maintained school, in its annual report to parents,
must explain the admission arrangements for disabled pupils, how the governing
body helps disabled pupils gain access and what it will do to make sure they are
treated fairly.
Maintained schools are required to publish information about their accessibility plan
in their governors’ annual report to parents. Schools should reproduce the full
accessibility plan in their governors’ report to parents. By making their accessibility
plans publicly available, schools will encourage contributions to the plan and a sense
of ownership amongst staff, governors, pupils and parents.
The SEN framework
The duties in the Disability Discrimination Act are designed to dovetail with existing
duties under the SEN framework. The main purpose of the SEN duties is to make
provision to meet the special educational needs of individual children. To the extent
that disabled children rely on special educational provision to have their needs met,
equal opportunities for disabled children are dependent on the quality of the
provision made through the SEN framework.
Reasonable Adjustments
Schools must take such steps as is reasonable to ensure that disabled pupils and
prospective disabled pupils are not placed at a substantial disadvantage in
comparison with those who are not disabled.
The duty on schools to make reasonable adjustments is anticipatory. It is the
potential for a substantial disadvantage that should trigger a consideration of what
reasonable steps might need to be taken. Schools cannot, in general, wait until a
disabled pupil has arrived before making reasonable adjustments. This may be too
late and it may not be possible to take reasonable steps before the pupil is placed at
a substantial disadvantage.
The reasonable adjustments duty is owed to disabled children in general, not simply
to individual disabled children. This means that schools will need to review their
policies, practices and procedures, as a matter of course, to ensure that they do not
discriminate against disabled children. It means that schools should not wait until a
disabled child seeks admission to the school or is admitted as a pupil to consider
what reasonable adjustments it might make generally to meet the needs of disabled
pupils.
Schools will need to keep their policies, practices and procedures under continuous
review. The need for good information continues after children have been admitted
to the school. Schools need to consider on a continuing basis whether disabled
pupils may be at a substantial disadvantage.
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8.8
Safeguarding Requirements
Schools shall consider safeguarding requirements, for instance;
Relationship of Design of school build to Safeguarding requirements

School safeguarding checklist

CRB check requirements
DfE Safer Recruitment guidance states that “Children should not be allowed in areas
where builders are working, for health and safety reasons, so these workers should
have no contact with children. However schools and FE colleges should ensure that
arrangements are in place with contractors, via the contract where possible, to make
sure that any of the contractors' staff that come into contact with children undergo
appropriate checks.”
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9
Council’s Requirements for Sustainable
Development
The Council has developed a guide entitled ‘Sustainable Development of the
Property Estate’, which should be considered when planning and implementing
works to premises. This includes considerations in relation to BREEAM standards,
and energy management requirements.
CORPORATE INTRANET LINK:
http://enterprise.somerset.gov.uk/somerset/corporate/environment/services/sustaina
bledevelopment/sustainableconstruction/
A new Energy Policy document is currently being developed that will supersede
parts of the document referred to above; including requirements for the new
legislation: The Carbon Reduction Commitment Energy Efficiency Scheme and
revised BREEAM standards bringing them in line with the Department for Education
requirements for schools.
Requirements for smart metering in all new properties will be detailed, to meet the
Carbon Trust Standard.
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10 Health and Safety
A full set of guidance is provided by the Corporate Health and Safety Unit, available
on the corporate intranet. This includes essential guidance for Premises Managers
on areas including CDM Regulations, Asbestos Removal & Remediation, Water
Hygiene, Fire Safety and Risk Assessment – refer to the contents sheet below.
CORPORATE INTRANET LINK http://enterprise.somerset.gov.uk/hr/healthandsafety/Information/RiskAssessment.as
p
SIX LINK http://www.six.somerset.gov.uk/sixv3/content.asp?did=16178
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11 Insurances
Guidance on insurances is provided at: http://www.six.somerset.gov.uk/insurance/
Property Insurance
SCC provides Buildings and Contents insurance required for SCC owned/ leased
properties covering loss of damage arising from the following perils:

Fire, lightning, explosion, aircraft, earthquake, impact, riot/civil commotion, storm,
flood, escape of water and theft of building, unless a more specific policy exists.
Insurance for 2010/11 is provided by Ecclesiastical Insurance, with a deductible of
£250,000 funded by the insurance fund
All properties should be notified to the Insurance section. Property details are added
and maintained on the insurance database, in order to calculate and record
premiums charged to the relevant service.
Works In Progress (Contractors Insurance)
All contracted works need to be notified to the Insurance Section. On contracts over
£1M, cover will be subject to an additional premium.
Insurance Claims
Major losses should be reported to the Insurance Section immediately.
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