School Safety: Key Lessons from a recent HSE Prosecution

We look here at the key lessons for schools and academy trusts in health and safety law and practice.

The recent prosecution of an academy trust following the tragic death of a student with special educational needs (SEN) highlights the critical importance of adhering to health and safety law and guidance.

How the tragic incident occurred

A 19-year-old student at Welcombe Hills School, a special school in Stratford-upon-Avon, tragically lost their life after choking on a paper towel. The student had Pica, an eating disorder where sufferers have a compulsion to eat things with no nutritional value. The risk of choking was identified in the student’s risk assessment and a named person was supposed to supervise them to make sure they didn’t eat anything that could cause them harm. However, the student was unsupervised in the playground during a break from class and was found choking on paper towel which was removed by the emergency services. However, the student had been without oxygen for too long and died in hospital. A teacher had seen the student choking on paper towel days earlier when the student managed to clear their own airway.

The HSE ruling

The HSE ruled that the student died as a result of a series of management failures. The school failed to ensure that all safety risks associated with Pica hazards were correctly identified and that the preventative and protective measures, including supervision, were organised in order to protect the student. The school also failed to effectively investigate and respond to concerns raised by the student’s family. None of the staff in the student’s class team had received any specific training on the management of safety risks associated with Pica.

Unity Multi Academy Trust, which operates Welcombe Hills School, pleaded guilty to breaching section 3(1) of the Health and Safety at Work Act 1974 and were fined £300,000 and ordered to pay £10,750 by the HSE.

The case is a reminder to schools and academy trusts of the importance of prioritising health and safety and complying with their legal obligations in order to keep students safe, particularly those who are most vulnerable.

Key health and safety legislation for schools and academy trusts

Schools and academy trusts are bound by stringent health and safety laws designed to safeguard students as well as staff and visitors. We summarise the key provisions below.

• Health and Safety at Work etc. Act 1974

• Section 2: Employers must ensure, so far as is reasonably practicable, the health, safety and welfare of employees at work.

• Section 3: This duty extends to non-employees, such as students, requiring employers to ensure they do not expose others to health and safety risks.

• Management of Health and Safety at Work Regulations 1999

• Regulation 3: Mandates employers to undertake suitable and sufficient risk assessments for individuals potentially affected by their activities, which includes identifying and mitigating hazards specific to students with SEN.

• Regulation 13: Requires that employers take into account employees’ health and safety capabilities when entrusting them with tasks and that they provide employees with adequate health and safety training.

HSE guidance for schools: the key provisions

 The key provisions of HSE guidance for schools are as follows.

• General guidance

• Schools are to appoint a competent person to manage health and safety responsibilities.

• Proportionate and ongoing risk management is emphasised in order to minimise foreseeable hazards.

• Guidance for supporting pupils with SEN 

• Tailored and regularly reviewed risk assessments for individuals with particular needs will be needed where there are specific health and safety risks arising from those needs.

• Appropriate staff training and adequate supervision to prevent incidents is important.

• Schools should not impose blanket policies to reduce risk and should ensure that pupils with SEN are enabled to engage in school life and that reasonable adjustments are made.

Key lessons from the HSE investigation

The HSE's findings provide valuable insights into common pitfalls.

• Risk assessments: the lack of thorough and individualised risk assessments for students with specific health conditions was a critical failure.

• Staff training: insufficient training left staff ill-equipped to manage high-risk scenarios effectively.

• Supervision protocols: weak supervision measures allowed foreseeable risks to materialise.

Key recommendations for schools and academy trusts

In order to keep their students safe, schools and academy trusts need to be doing the following.

• Conduct comprehensive risk assessments: tailor assessments to individual student needs, regularly review them, and update as necessary.

• Enhance staff training: provide ongoing training on managing specific health risks and responding to emergencies.

• Strengthen supervision protocols: establish clear procedures for monitoring high-risk students, particularly those with known health conditions.

• Learn from near-misses: investigate and act on near-miss incidents to implement preventive measures.

This tragic case serves as a stark reminder of the importance of robust health and safety practices. Prioritising compliance with health and safety law and guidance and applying the lessons learned and recommendations will help schools and academy trusts keep their students safe while also fostering a functioning and supportive learning environment.