Page 1 of 17 Security and Violence NUT HEALTH AND SAFETY BRIEFING This briefing looks at security of school premises and violence issues, in particular at security arrangements and means of dealing with intruders, and also considers the related issue of pupil behaviour. Security of School Premises Considerable attention has been focused in recent years on action to improve school security and reduce the risk of violence to school staff. The murder of Head Teacher Philip Lawrence and the Dunblane killings led the government to set up a working group in 1996 to look into school security. More recently, in 2014, teacher Ann Maguire was stabbed to death by one of her pupils in a Leeds secondary school. Over the years, the Government has published a number of very useful documents on the subject of school security; regrettably, these appear to be no longer available on the DfE website. In many cases, however, schools and local authorities will continue to retain paper copies of these documents; this briefing therefore continues to make reference to the publications concerned where appropriate. The DfE has more recently published guidance titled ‘Advice on School Security: Access to, and barring of individuals from, school premises’, which is available at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/295978/school_s ecurity_advice_181212__2__.pdf > The Need to Review Security Arrangements Schools face a dilemma in their security arrangements. On the one hand, they wish to be open and welcoming places for parents, pupils and the local community. On the other hand, staff and pupils must be able to work in and learn in a safe and secure environment. The legal obligations owed to teachers and pupils are clear. Every employer is required by law to assess the risks to the health and safety of employees and others and to take steps to eliminate or reduce those risks. This applies just as much to risks arising out of poor security arrangements, such as dangers from intruders, as to risks from unsafe premises or equipment. This means that school employers are legally bound to examine their security arrangements, take the steps needed to improve security, and keep their arrangements under review. All reviews of school security arrangements should be firmly based upon the principles of risk assessment. > Guidance on Improving Security Arrangements The HSE has published guidance ‘Violence at Work: A guide for employers’ which may also be useful for safety representatives and employees. Although not specific to schools, the guide acknowledges that education is one of the most at risk sectors for experiencing violence at work. The term violence refers to verbal abuse and threats as well as physical violence. The guidance NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 2 of 17 sets out a number of steps which can assist with the effective management of violence which involves carrying out a risk assessment. The full guidance is available at: http://www.hse.gov.uk/pubns/indg69.pdf. An earlier DfE publication "Improving Security in Schools" described how to assess the risks facing individual schools and the measures to be taken in addressing them and set out advice on the respective roles of local authorities, governors and school managers. It also considered the variety of physical security measures available and advises on assessing and selecting those which are appropriate for the specific school situation. Unfortunately this guidance is no longer available from the DfE, although some schools and local authorities may still have hard copies. The document included a useful recommended "risk assessment" checklist for use in conducting school security surveys. This is attached at Appendix 1 to this briefing. This checklist refers in particular to the previous incidence of crime, the environmental and building factors specific to the premises, and the degree and effectiveness of the security measures already employed. > Employer Monitoring of School Security In their annual reports to parents, governing bodies must report on measures taken to review and improve school security. Schools should therefore review their security arrangements at least annually. It is advisable that a specific review be carried out against the checklist recommended by the DfE in order to increase the likelihood of the school securing entitlement to funding for additional security measures. School employers should be pressed to provide governors and school managers with proper guidance, support and training on the area, and operate a monitoring system on school security issues. Many local authorities have drawn up comprehensive initiatives on the issue of school security and all local authorities should be keeping their own approaches under review in the light of developing "best practice" elsewhere. It is important that schools outside of Local Authority control, such as those in academy chains and individual academies ensure that policies and procedures are in place for maintaining security in their schools. NUT health & safety advisers or NUT Regional/Wales Offices can provide more information about arrangements in place within local authorities for guidance, support and training to governors and school managers on security issues and for local authority monitoring of security matters. NUT health and safety representatives should ensure that issues of school security are examined and kept under review within their school. Dealing with Intruders In 1997 the DfE issued comprehensive guidance entitled ‘School Security: Dealing with Trouble Makers’ on dealing with incidents in schools. This guidance sets out the relevant legal background, covering civil and criminal offences and pays particular attention to offences involving weapons or violence. It considers, and advises upon, the issue of cooperation between the police and schools in dealing with incidents and in monitoring school security matters on a routine basis. The document is no longer available on the DfE website but can be found on the DfE’s archived site at http://webarchive.nationalarchives.gov.uk/20110218194057/http://teachernet.gov.uk/docbank/i ndex.cfm?id=9232. > Who is a Trespasser? Schools are not public places to which anyone can have access; persons entering without NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 3 of 17 permission are trespassers and a variety of approaches is available to dealing with trespassers under the law. The first thing a school should do is make clear exactly who has authority to be on the premises. Some people, in particular teachers, pupils and parents, will have “implied” authority to be present if they would normally be allowed access to the premises. There can be limits, however, to their implied authority to be present. For example, there may be limits on the times and places when their presence is authorised. Parents might expect to be allowed on only at the beginning or end of the day, or when otherwise invited. Other people, including visitors, need specific authority to be present if they are not to be regarded as possible trespassers. A school policy clearly communicated to pupils and parents can help in ensuring everyone knows who has authority to be present in schools, as can a noticeboard directing all visitors to present themselves at a specified reception point. Anyone can have their authority to be present withdrawn by simply letting them know by letter. Any implied authority of individuals to be present does not extend to circumstances when they are causing a disturbance. > What Powers exist to deal with Trespassers? Special legal provisions govern steps to be taken against trespassers in schools. Section 547 of the 1996 Education Act provides that trespassers who are making a nuisance or disturbance and refusing to leave school premises are committing a criminal offence. “Nuisance or disturbance” has a wide interpretation and includes, for example, riding motorbikes or exercising animals in such a way as to disturb the normal running of the school. Such trespassers cannot be arrested but they can be removed by a police officer or anyone authorised by the local authority (or governors in foundation and VA schools and academies). They can also be prosecuted and fined up to £500 or, if under 16, their parents can be bound over. The NUT strongly advises that school staff should not themselves take on responsibility for removing intruders. The recommended course of action is: to advise trespassers that they are on the premises without authority and ask them to leave; if they ignore the warning, to advise them that the police will be called; and to call the police and arrange for a police officer to come and remove them from the premises (serious incidents should, of course, be reported to the police at once). The general criminal law applies where other criminal offences are being committed. Anyone committing an arrestable criminal offence, such as threatening behaviour, causing a breach of the peace, assault or committing criminal damage can be arrested and prosecuted. Finally, the school may take action under civil law. Injunctions can be sought against persistent trespassers and these can, for example, prohibit named individuals from coming onto school grounds or within a certain distance of the school. Anyone causing loss or damage can be sued by the school. Police and local authorities have used Criminal Behaviour Orders to exclude particular people from a school or schools where their behaviour is identified as likely to cause harassment, alarm or distress, which are a criminal offence if breached. A comprehensive summary of legislation relating to school security can be found at Appendix 2. > Rights of Way through School Grounds Certain schools have rights of way through their grounds. The law provides, however, that rights NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 4 of 17 of way may in certain circumstances be closed or diverted. A school’s security risk assessment may identify a security risk posed by the existence of a right of way; particularly if there have been previous incidents. The school’s governing body may therefore determine that it believes that the right of way should be closed or diverted. In practice, courts prefer applications for closure or diversion to be made by the owner of the land; this may be the local authority, the Academy Trust, the diocese for voluntary aided schools or the foundation for foundation schools. The governing body should therefore seek the support and assistance of the appropriate body in making any such application. Violence in Schools In Violence at Work: A Guide for Employers 1 the Health and Safety Executive (HSE) defines workplace violence as: ‘any incident in which a person is abused, threatened or assaulted in circumstances relating to their work’. The HSE goes on to say: ‘This can include verbal abuse or threats as well as physical attacks. Physical attacks can cause anxiety and distress, and in more serious cases, pain, disability or even death. Serious and persistent verbal abuse may damage worker’s health through anxiety and distress. In addition, worry about violence at work, even in workers who do not directly experience it, can be a source of stress’. > The Scale of the Problem The table below shows the risk of violence at work for employees in England and Wales, reproduced from the 2012-2014 British Crime Survey2. The research shows that within the ‘Professional Occupations’ group, teaching and education professionals have the second highest incidence rates of violence at work. Across all groups, teachers have the 7th highest level of violence at work, out of 25 occupational areas. This indicates that the level of violence against teachers is significantly higher than in many other occupations including; customer services, caring personal services and corporate managers and directors. % of victims, once or more Assaults Health professionals Teaching and education professionals Business, media and public service professionals Science, research, engineering and technology professionals All professional occupations All occupations 1 2 2012/13 and 2013/14 BCS Threats All violence at work 1.3 0.8 2.1 0.8 3.1 1.6 0.6 0.7 1.1 0.2 0.3 0.5 0.7 0.9 1.5 0.6 0.7 1.2 Available at http://www.hse.gov.uk/pubns/indg69.pdf See http://www.hse.gov.uk/STATISTICS/causinj/violence/violence-at-work.pdf NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 5 of 17 > Further data on violence towards teachers In 2008, researchers at Nottingham University identified teachers, in addition to a handful of other occupational groups, as being ‘particularly at risk’ of occupational violence. 3 In April 2009 the Association of Teachers and Lecturers, (ATL) released details of a survey of over 1,000 of its members which found that nearly one quarter of them had been on the receiving end of physical violence by a student 4. A survey for Teacher Support Cymru in 2009 found that two out of five teachers in Wales had been violently attacked by a pupil, and nearly three out of five had had objects hurled at them during lessons. Furthermore, 49 per cent of those surveyed had been threatened with assault. In 2009, children were suspended from school on more than 80,000 occasions for attacking teachers and classmates, according to official figures5. Meanwhile, figures released by the Department for Education for the school year 2011 – 2012 show that there were 17,520 exclusions for assault against an adult in English state-maintained schools6. A 2009 European study demonstrated that the risk of psychological harm to teachers is not confined to the UK. ‘While physical risks are low in the education sector, exposure to psychological risks is high….exposure to threats of physical violence and actual acts of violence from colleagues and non-colleagues is highly prevalent in the education sector’ 7. > Violence and Abuse in Schools - The Legal Framework The Health and Safety at Work etc. Act 1974 places a duty on employers to ensure, so far as is reasonably practicable, the health of their employees at work. This includes taking steps to make sure they do not suffer violence, abuse or stress-related illness as a result of their work. This statutory regime supplements the ‘common law’ obligations on employers to provide reasonably safe working environments for their employees. Employers also have a specific duty under the Management of Health and Safety at Work Regulations 1999 to undertake risk assessments that seek to identify and eliminate or reduce risks to their employees’ health, safety and welfare. Appendix 2 to this document contains further information on legal remedies for violence or abuse against members of the school community. > Taking Action on Violence, Abuse and Assaults in Schools The incidence of violence and assaults on teaching staff - in addition to the stress arising from working in environments where the fear of violence and assaults exists - are both examples of risks to teacher health, safety and welfare which must be assessed and controlled. Mental Capital and Wellbeing: Making the most of ourselves in the 21st century – research carried out by the department of Business Innovation and Skills 2008. http://webarchive.nationalarchives.gov.uk/20121212135622/http://www.bis.gov.uk/assets/bispartners/foresight/docs/m ental-capital/sr-c11_mcw.pdf 4 http://www.theguardian.com/education/2010/mar/29/violent-students-schools-teachers 5 http://www.independent.co.uk/news/education/education-news/80000-pupils-suspended-for-school-violence2038430.html 6 http://www.theguardian.com/news/datablog/2014/apr/29/ann-maguire-stabbing-how-common-is-violence-against-a-teacher 7 European Foundation for the improvement of living and working conditions (2009) 3 NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 6 of 17 Local authorities, governing bodies, academy trusts and all other employers of teachers must: consider the risk of violence and assault on members of their workforce; consider the risk of stress which arises from working in fear of violence or assault; take steps to remove the risk; or where removal of the risk is not possible, reduce the risk by any necessary changes in working practices or by introducing appropriate protective or supportive measures. Violent incidents involving adults from the wider community Comprehensive advice on dealing with the risk of violence from outside the school, such as that perpetrated or threatened by parents or other adults from the wider community, can be found in the DfE publication ‘A legal toolkit for schools - Tackling abuse, threats and violence towards members of the school community’, available at: http://webarchive.nationalarchives.gov.uk/20110218194057/http://www.teachernet.gov.uk/doc bank/index.cfm?id=1607. It is important to note that this is archived content, and as such, may not reflect current government policy. The toolkit provides advice on; legal remedies available to schools and employers to combat this problem; risk assessments; police-school protocols; the reporting of violent incidents; and the formulation of school policies and procedures designed to tackle incidents involving abusive, threatening or violent adult visitors. The DfE security checklist/risk assessment attached at Appendix 1 is a useful starting point in terms both of assessing the efficacy of existing security arrangements at your school, and also of suggesting possible areas where improvements could be made. Violence involving pupils at school Managing Pupil behaviour The DfE has guidance on managing pupil behaviour in schools. This includes ‘Use of reasonable force in schools’, ‘Managing behaviour and bullying in schools case studies’ and ‘Behaviour and disciple in schools. All can be accessed at: https://www.gov.uk/schools-colleges-childrensservices/school-behaviour-attendance. The NUT has issued guidance on health and safety issues for teachers undertaking home visits, including how to avoid the risk of violence, and what to do if an incident occurs. This is available at: http://www.teachers.org.uk/node/12524. > Individual Pupil Behaviour Risk Assessments The measures set out in the guidance cited above relate primarily to the ways in which poor pupil behaviour can be successfully tackled through the effective use of school codes of conduct and their accompanying sanctions, including exclusion. Violent or intimidating pupil behaviour can also be addressed through appropriate health and safety measures in which the risk to staff and pupils of injury and psychological distress can be managed and controlled in the same way that NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 7 of 17 other health and safety hazards are tackled. Individual pupil risk assessments have begun to achieve considerable success in this regard, and the NUT has published guidance on Individual Pupil Risk Assessment, available at: http://www.teachers.org.uk/node/12532. Where problems arise, whether at school or employer level, in satisfactorily implementing suitable risk management strategies for tackling violent or intimidating pupil behaviour, contact should be made with the appropriate NUT Regional/Wales office for further advice and support. Note on Data Protection Staff involved in the drawing up of individual pupil risk assessments should be mindful of the Education (Pupil Information) (England) Regulations 2005 which place a duty on schools to disclose, with a few exceptions, the contents of pupil records to parents and pupils where they make such a request. Dealing with Violent Incidents It is essential that suitable arrangements are in place to ensure an adequate response to a violent incident. This includes: first aid and other emergency medical treatment required by any injured party; the provision of appropriate emotional support - such as counselling - for those directly or indirectly affected by such events; and that the necessary administrative and legal procedures are fulfilled, including the proper reporting of the incident. > Reporting incidents of violence and abuse All accidents and injuries should be reported, no matter how trivial they might appear. This is as true of verbal abuse as it is of physical assault, as the psychological harm which can follow such incidents can lead to very real illness and mental distress for those who are unfortunate enough to experience them. Additionally, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) require that employers must inform the HSE of the following: all accidents to employees resulting in deaths or “specified injuries” (list available at: http://www.hse.gov.uk/riddor/specified-injuries.htm) and all accidents which result in an employee being off work due to injuries for more than seven days (referred to as “over-seven-day injuries”); and all accidents to non-employees which result in them being killed or taken to hospital and which are connected with work. The definition of accidents includes assaults so that injuries resulting from assaults are also now reportable. The NUT is particularly concerned that these are reported to the HSE and recorded by the employer whenever necessary. Following any incident involving violence or assault, risk assessments should also be reviewed in the light of the incident, to identify whether additional measures are necessary. Further advice on all these matters can be found in the NUT Health and Safety Briefings ‘Accidents and Injuries’, NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 8 of 17 and ‘Risk Assessments’ – both of which are available on the NUT website http://www.teachers.org.uk/node/12488 and http://www.teachers.org.uk/node/12551. at: The following HSE guidance might also be helpful: Incident reporting in schools, guidance for employers: http://www.hse.gov.uk/pubns/edis1.pdf HSE RIDDOR website: http://www.hse.gov.uk/riddor/ HSE guidance on risk assessments: http://www.hse.gov.uk/pubns/raindex.htm Safer School Partnerships Safer School Partnerships (SSPs) arose from a joint initiative between the DfE, the Home Office, the Youth Justice Board and the Association of Chief Police Officers. The SSP initiative aims to provide structured ways in which schools can work with the local police force to achieve the following aims: to reduce the prevalence of crime and victimisation amongst young people to enhance the learning environment via a safe and secure school community to help young people achieve their full educational potential to engage young people, challenge poor behaviour and build mutual respect within the school community SSP arrangements can include: a dedicated full time police officer for a secondary school and its feeder primaries the secondment of police officers to Behaviour & Education Support Teams police officers in a neighbourhood policing team responsible for liaison with a group of schools The intention of introducing SSPs was to coordinate the various agencies, including the schools, local authority or employer and police, work together to develop a protocol based on shared principles and clearly setting out roles and responsibilities of the various partners in the initiative. In 2009, there were around 450 SSPs in place, with approximately 5000 schools involved in such schemes. NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 9 of 17 Further Guidance on Tackling Violence in Schools > DfE Archived Guidance Note that the content on the National Archives site may not reflect current Government policy. All statutory guidance and legislation published on this site continues to reflect the current legal position unless indicated otherwise. School Security – Archived ‘Teachernet’ website http://webarchive.nationalarchives.gov.uk/20110218194057/teachernet.gov.uk/wholeschool/hea lthandsafety/schoolsecurity/ School Security: Dealing with Troublemakers, DfE/Home Office 1997 http://webarchive.nationalarchives.gov.uk/20110218194057/http://teachernet.gov.uk/docbank/index .cfm?id=9232 Safe School: A legal toolkit for schools http://webarchive.nationalarchives.gov.uk/20110218194057/http://www.teachernet.gov.uk/docbank/ index.cfm?id=1607, but see also notes at http://webarchive.nationalarchives.gov.uk/20110218194057/http://teachernet.gov.uk/wholesch ool/healthandsafety/schoolsecurity/abusivebehaviour/ Archived FAQs on school security can be found at http://webarchive.nationalarchives.gov.uk/20110218194057/http://teachernet.gov.uk/wholesch ool/healthandsafety/schoolsecurity/faqs/ > HSE Guidance ‘Preventing Workplace Harassment and Violence’ can be downloaded from: http://www.hse.gov.uk/violence/toolkit/faqs.htm > European Agency for Safety and Health at Work – Factsheet 47 The European Agency for Safety and Health at Work has produced a very useful factsheet entitled ‘Prevention of Violence to Staff in the Education Sector’. This can be found at http://osha.europa.eu/en/publications/factsheets/47 > The Suzy Lamplugh Trust http://www.suzylamplugh.org/ > The Arson Prevention Forum http://www.stoparsonuk.org/ NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 10 of 17 Action Points for Safety Reps Check that: your school has a copy of the guidance documents, “Dealing with Troublemakers”, “Safe School: A Legal Toolkit for Schools” and if possible, “Improving Security in Schools”; your school has examined its security arrangements and behaviour policies in line with these guidance documents and keeps matters under review; and where appropriate, risk assessments have been carried out in respect of pupils whose behaviour has included or is likely to include violence or the threat of violence as defined by the HSE. NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 11 of 17 Appendix One: School Security Checklist Source: DfE Guidance Document: “Improving Security in Schools” Assess your school’s level of security risks by allocating scores in each of the boxes below according to the criteria specified and totalling the score. Low Risk 0 1 2 3 4 5 High Risk Part 1: Incidence of Crime in the last 12 months 1. 2. 3. 4. 3. 6. Trespass No cases of trespassers in school rounds Vandalism No cases of vandalism Reported Points Trespassers commonly present in school grounds Frequent and costly vandalism of school building Theft/Burglary No cases of theft or Burglary reported Frequent theft or burglary Fire No arson attacks in the locality Schools in locality have suffered arson attacks Safety attacks on staff & pupils No attacks or threats reported Attacks inside school or in vicinity of school Drug/Solvent Abuse No problems reported School/locality problem with drugs/solvent abuse Part 2: Environment and Building 1. Incidence of crime in surrounding areas Locality has a low crime rate Locality has high crime rate as reported to police NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 12 of 17 Low Risk 2. 3. 4. 5. 6. 7. 8. 9. 0 School overlooked from roads and/or housing Grounds clearly visible to the public 1 2 3 High Risk 4 5 Points Unobserved grounds Boundaries, fences & gates Boundaries well defined, fences/gates to grounds No fences/gates preventing unauthorised access Clearly defined entrances Clear entrances with signs directing visitors No clear entrances or multiple entrances Well organised reception area and visitors’ control Pass system in operation with badges issued to visitors Car parking Car parks well lit and overlooked No system of recording visitors No safe place to park, car parks unlit & not overlooked or surrounded by trees Conditions and appearance of buildings Buildings well kept and in good repair with no graffiti and not vandalised Buildings badly kept and in state of disrepair, graffiti covered and vandalised Detached/temporary buildings No buildings detached from school building Many detached buildings, inc. temporary huts _______ Recesses & internal Courtyards No places for intruders to hide and break in unobserved Numerous places for intruders to hide and break in unobserved 10. Secure exit doors Doors secure against all but most determined intruders Fire exit doors easily forced, inadequate locks 11. Secure windows and rooflights Windows and rooflights protected against burglars Windows and rooflights provide easy access NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 13 of 17 Low Risk 0 1 2 3 4 5 High Risk Points 12. Valuable equipment that is easily stolen and disposed of Few computers, TVs and video cassettes 13. Fire precautions Buildings have adequate fire compartmentation, fire/smoke barriers and fire doors. 14. Community ethos and support for school Strong community and parent support benefits security, e.g. active PTA 15. Out of hours use of school facilities No reported problems and/or security benefit from out of hours use Many computers, keyboards, faxes, camcorders, etc. Over-large fire compartments and lack of fire/smoke barriers and fire doors. Insignificant parent or community involvement or negative attitudes Many security problems due to out of hours use eg bars, social clubs Part 3: Security Measures 1. 2. 3. School out of hours Efficient system of reporting suspicious incidents, e.g. paging via satellite link Pupil involvement Successful youth action group or school council Waste Bins Waste and recycling bins locked up every night 4. Security lighting Lighting of all entrances, footpaths & building facades No scheme in operation No pupil involvement in security Unlocked mobile bins left around school No lighting NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 14 of 17 Low Risk 5. 6. 7. 8. 9. 0 1 2 3 4 5 High Risk Surveillance Efficient surveillance, e.g. CCTV covering perimeter or security patrols No system Intruder Alarms System using passive infra-red detectors in all ground floor covered and vandalised vulnerable rooms No system Fire detection and sprinkler systems Automatic system linked to brigade No automatic detection Property Marking All valuable property marked and kept secured locally ____ No markings on property Cash handling procedures Secure methods in operation Procedures lacking Security risk assessment score summary: Part 1 – Crime 0-30 points Part 2 – Environment and Buildings 0-75 points Part 3 – Security Measures Total 0-45 points 0-150 points NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 15 of 17 Appendix 2 - Legal remedies for violence or abuse against members of the school community: summary of DfE advice As well as invoking section 547 of the Education Act 1996, the following two vehicles may be used by a LA on a school’s behalf. Section 222 Local Government Act 1972 Section 222 empowers a local authority to prosecute or defend proceedings where it is considered expedient for promoting or protecting the interests of those living in its area. It would potentially allow the local authority to prosecute an abusive parent under one of the other options mentioned here or, alternatively, to bring civil proceedings against the parent. Criminal Behaviour Orders These orders were introduced by the Government in the ‘Anti-social Behaviour, Crime and Policing Act 2014’ and replaced the previous ASBO (Anti-Social Behaviour Order). Under the Criminal Behaviour Order (CBO) system, the prosecution can apply for an order when a person is convicted of any criminal offence, in any criminal court. It is usually the Crown Prosecution Service that makes the application, but this can be at the request of the Police or a Local Authority. If issued a CBO can prevent the individual from doing something (prohibitions) and/or require them to do something, with the aim of reducing their anti-social behaviour (requirements). It is a criminal offence to breach the order, with a maximum sentence of up to 5 years in custody. Other remedies are available under civil and criminal law. These are as follows: Protection from Harassment Act 1997 (Amended 2012) More informally described as anti-stalking legislation, although not only used for that purpose. This action can be taken either through criminal prosecution or a private action for damages in the Civil Courts. It can be done on behalf of an individual, or a group (e.g. a group of children or teaching staff). The sanctions include both criminal penalties (fines, imprisonment, or community sentences) and a restraining order, which is a flexible order which prohibits the offender from continuing their offending behaviour. For example, it could prevent a parent from coming within a certain distance of a school, or from making phone calls to the school or a teacher’s home. The restraining order can last for as long as the Court thinks appropriate. Injunctions These can be granted by a court to ban somebody from school premises. Generally they are viewed as less flexible and more expensive than alternatives such as a restraining order granted under the Protection from Harassment Act 1997, described above. Criminal Damage Act 1971 Under this, if a parent or carer destroys or damages property belonging to the school, or to a teacher, he or she can be prosecuted for causing criminal damage. If the value of the damage is below £5,000, the case is tried in the Magistrates’ Court, where the penalty is a fine up to £2,500 or up to three months imprisonment or both. If the damage is above £5,000, the case can be tried in the Magistrates’ Court or the Crown Court. The penalty in the Magistrates’ Court is a fine up to £5,000 or not more than six months imprisonment, or both. In the Crown Court, the penalty is an unlimited fine or ten years imprisonment, or both. Where the criminal damage is committed with intent to endanger life, the maximum period of imprisonment is life. This includes cases of arson with the same degree of intent. There is a racially aggravated form, which carries higher maximum penalties (Crime and Disorder Act 1998, section 30). NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 16 of 17 Common Assault Where a member of staff is assaulted by a parent or carer and minor injury is caused, the parent or carer may be charged with common assault in accordance with section 39 of the Criminal Justice Act 1988. This can only be tried in the Magistrates’ Court. Where there is a racial element to the offence, the parent or carer may be charged with the offence of racially aggravated assault contrary to section 29 of the Crime and Disorder Act 1998. This can be tried either in the Magistrates’ Court or the Crown Court. The maximum penalty for common assault is a fine of up to £5,000, or six months imprisonment, or both. The maximum penalty for racially aggravated assault is six months imprisonment or a fine up to £5,000, or both, in the Magistrates’ Court. In the Crown Court it is an unlimited fine, or two years imprisonment, or both. Assault Occasioning Actual Bodily Harm Under section 47 of the Offences Against the Persons Act 1861, a parent or carer can be charged with assault occasioning actual bodily harm where more serious injury is caused to a member of staff (such as broken teeth, extensive bruising or cuts requiring medical treatment). Again, there is a racially aggravated form of the offence. The first form is triable either way. In the Magistrates’ Court, the maximum penalty is six months imprisonment, or a fine up to £5,000, or both. In the Crown Court, the maximum penalty is five years imprisonment. For the racially aggravated offence, the maximum sentence is the same in the Magistrates’ Court. In the Crown Court, the maximum sentence is seven years, an unlimited fine or both. Offences under the Public Order Act 1986 There are four separate relevant offences under this Act. The behaviour that they criminalise has some overlap with the Protection from Harassment Act, but unlike that Act, one incident alone is sufficient to constitute a public order offence. Three of them (sections 5, 4A and 4) are heard within the Magistrates’ Court. Section 5 is the lower level of public disorder where a parent or carer causes a disturbance in or outside the school and causes alarm, harassment or distress. Section 4A creates an intentional form of this offence. Section 4 is more serious, where there is a fear or provocation of violence. The maximum sentence for section 5 is a fine up to £1,000. The maximum sentence for section 4 or 4A is a term of imprisonment not exceeding six months or a fine up to £5,000 or both. There is also a racially aggravated version of all three of the above offences, under section 31 of the Crime and Disorder Act 1998, with higher maximum penalties. Section 3 of the Act, affray, may be tried either in the Magistrates’ Court or the Crown Court. This offence is committed when a person uses or threatens unlawful violence such as would cause a reasonable person to fear for his safety; the threat cannot be made by the use of words alone. In the Magistrates’ Court, the maximum penalty is six months, a fine up to £5,000, or both. In the Crown Court, the maximum sentence is three years, an unlimited fine or both. In the circumstances outlined above, although the employer (LA, Academy Trust etc.) may not have the relevant power to take action itself, it should work with the school to provide staff with full support in ensuring that action will be pursued against an alleged offender, under the above legislation as appropriate. Criminal Justice Act 1988 NUT Health & Safety Briefing: Security & Violence – Updated April 2015 Page 17 of 17 Section 139A of the Act (as amended by the Offensive Weapons Act 1996) makes it an offence to carry an offensive weapon or knife on school premises. Under section 139B a police officer may enter a school and search for a weapon; where one is found they may seize and retain it. A person who has a weapon on school premises will be guilty of an offence, unless he can prove a statutory defence. The maximum penalty on conviction on indictment for carrying a knife is two years imprisonment or an unlimited fine or both. The maximum penalty on conviction on indictment for carrying an offensive weapon is four years imprisonment or an unlimited fine or both. The weapons which are caught under section 139A and 139B include any article made or adapted for use for causing injury and any article which has a blade or is sharply pointed. A folding pocket knife with a blade less than 3 inches long is, however, excepted although this does not prevent schools from imposing their own bans on pupils carrying them. In general, where a school suspects a weapon to be on school premises the police should be called. Where the police have reasonable grounds for suspecting a weapon to be on a school’s premises they can enter without permission from the school. Non statutory remedies Aside from the legal remedies, there are other strategies that can help in preventing conflicts with parents or stopping them escalating. These include mediation and conflict resolution. Schools might also be able to develop non-statutory Acceptable Behaviour Contracts for some parents similar to those that have been developed by the Metropolitan Police mainly in respect of pupils. These require the agreement of the person to an acceptable level of behaviour. NUT Health & Safety Briefing: Security & Violence – Updated April 2015