Property compliance, repairs and maintenance

Who is accountable for health and safety, and compliance within schools?

This page clarifies which individuals and organisational elements/bodies have specific responsibilities for the management of statutory compliance, repairs and maintenance, and health and safety within the school estate.

References

Information provided has been referenced to:

Health and safety and compliance within schools

Under the Health and Safety at Work etc Act 1974 (HASAWA) overall accountability for health and safety lies with the employer of the members of staff in the school. However, the day-to-day running of the school including responsibility for the health and safety of staff and pupils is delegated to the head teacher and school management team.

Below clearly sets out which schools are covered by which employers.

  • The Local Authority (Oxfordshire County Council) is the employer for community schools, community special schools, voluntary controlled schools and maintained nursery schools.
  • The Governing Body is the employer for foundation schools, foundation special schools and voluntary aided schools.
  • The Governing body or Proprietor is the employer for independent schools.
  • The Academy Trust is the employer for academies and free schools.

The need for effective school property maintenance and compliance

All schools require effective arrangements in place to manage the condition of their premises. The persons or organisation with responsibility for the maintenance of the school buildings should:

  • Maintain school buildings and services so that they are safe, warm, weather tight and provide a suitable environment for learning.
  • Deal with emergencies promptly, safely and effectively.
  • Have plans in place to manage both premises and assets.
  • Manage and procure maintenance works effectively.

To keep the estate in a safe condition, the accountable body/ person(s) should:

  • clearly define and designate responsibilities for health and safety issues
  • identify all property related health and safety issues
  • Take appropriate actions to minimise any avoidable risks
  • monitor risks and issues

Funding of repair and maintenance at schools

Under the Scheme for Financing School all schools and academies are responsible for all repairs and maintenance.

This includes general building repairs and maintenance and statutory compliance including but not limited to:

  • General building fabric, fixtures and fittings
  • Asbestos remedial work
  • Water hygiene risk assessment and remedials
  • Electrical installation testing and maintenance
  • Heating installation servicing and maintenance
  • Lift installation servicing and maintenance
  • Fire risk assessment and remedials
  • Fire safety systems (e.g. fire alarm, emergency lighting, sprinklers) servicing and maintenance
  • Fire door inspection and maintenance
  • Swimming pool plant maintenance and water quality testing.
  • Tree maintenance
  • Fixed play equipment

Schools should ensure that they have a full knowledge and understanding of their building, its condition and the associated statutory and maintenance requirements and will be expected to use the delegated funding to meet these. If it is discovered that a major piece of work e.g. a roof replacement needs to be undertaken earlier than would normally be expected because of a lack of regular maintenance and repair, the council reserves the right to charge the school a proportionate contribution to the cost of replacement. Similarly, if work is required from a health and safety perspective and the school has failed to arrange this, the council will undertake the work and charge the school’s delegated budget, as provided for in the Scheme for Financing Schools.

As part of the school’s budget setting process the Education Finance Service (EFS) can help identify funds for a Repair & Maintenance specific contingency within the school budget. It is also important to note that the Scheme for Financing Schools offers maintained schools the opportunity to request a loan to finance this type of work. For further help or guidance on budget construction or loans to schools please contact your EFS Adviser directly. 

The local authority continues to receive some capital funding in respect of maintained schools (Schools Structural Maintenance Grant), which is limited and is prioritised according to sites with greatest need. Schools should be aware if they have any capital work scheduled in this programme. This capital funding will reduce as more schools convert to academy status. Single academy trusts, small multi-academy trusts and VA schools are able to make a bid to the Education Funding Agency (EFA) for capital funding from the Condition Improvement Fund.

Are you a maintained school and planning building improvement work?

Projects must be properly planned, funded and managed.  All new builds and refurbishment work should comply with relevant building regulations and statutory guidance, such as:

  • Construction (Design and Management) Regulations;
  • Contractor competence
  • Insurances
  • Asbestos
  • Building engineering services
  • Technical standards

Schools planning on doing building improvement work should seek approval from the responsible person to ensure all work is compliant.  Maintained school can do this by submitting a SFA form available on the schools intranet:

Self-financed building and improvement work

Academies should follow their trust procedures

Further information

Contacts

For general property advice: FMservicedesk@oxfordshire.gov.uk 

For advice on leases and ownership: estates.team@oxfordshire.gov.uk 

For self-finance approvals: nick.tomkins@oxfordshire.gov.uk  

For health and safety advice: healthandsafetyhelp@oxfordshire.gov.uk

Education contact for property-related matters - Jane Maharry: jane.maharry@oxfordshire.gov.uk