Duty of care for governors

The Duty of Care of school staff in relation to pupils is at the forefront of best practice. Duty of Care in the context of school governance refers to the legal and moral obligation of governors to ensure the safety, well-being, and proper management of the school community. This encompasses students, staff, and visitors, ensuring they are protected from physical and emotional harm while on school premises or engaged in school activities.

Consequences of Breach

Failing to meet the Duty of Care can lead to serious consequences, including legal action, financial penalties, and damage to the school’s reputation. So, anyone undertaking a governance role must be aware that they can be held personally and collectively accountable for negligence or failure to comply with their responsibilities.

Here are my top tips to help guide everyone working within a governor role:

Key Responsibilities of School Governors

Policy Development and Implementation:

• Creating Policies: Governors must develop, approve, and regularly review policies related to health and safety, child protection, safeguarding, and staff welfare.
• Ensuring Compliance: It is their responsibility to ensure that these policies comply with current laws and regulations and are effectively implemented within the school.

Health and Safety Oversight:

• Safety Audits: Regularly conducting health and safety audits and walks health-and-safety-walks to identify and mitigate potential risks.
• Emergency Preparedness: Ensuring the school has up-to-date emergency plans for various scenarios, including fire, medical emergencies, and lockdown situations.

Safeguarding and Child Protection:

• Safeguarding Policies: Ensuring robust safeguarding policies are in place and that staff are trained to recognise and report signs of abuse or neglect.
• Designated Safeguarding Lead: Appointing a designated safeguarding lead (DSL) to oversee child protection issues and act as the main point of contact for any concerns.

Staff Training and Development:

• Continuous Training: Ensuring all staff receive regular training on health and safety, safeguarding, and their specific roles within the school.
• Performance Monitoring: Overseeing the performance and development of the headteacher and ensuring that staff appraisals are conducted regularly.

Financial Oversight:

• Budget Management: Ensuring the school’s budget is managed effectively to support a safe and conducive learning environment.
• Resource Allocation: Allocating sufficient resources for health and safety measures, staff training, and student support services.

Promoting a Positive School Culture:

• Anti-Bullying Policies: Ensuring policies are in place to prevent bullying and promote a positive, inclusive school culture.
• Well-being Initiatives: Supporting initiatives that promote the mental and physical well-being of students and staff.

Communication and Reporting:

• Transparency: Maintaining open and transparent communication with parents, staff, and the wider community regarding safety and well-being measures.
• Incident Reporting: Establishing clear procedures for reporting and addressing incidents, complaints, and concerns.

Legal and Ethical Accountability

In addition to the above practical steps, it is important to recognise the. legal and ethical dimensions our duty of care brings. It is important to consider:

Legal Compliance:

• Governors must ensure the school complies with all relevant legislation, including the Health and Safety at Work Act 1974, the Children Act 1989 and 2004, and the Education Act 2002.
• Risk Management: Identifying and managing risks associated with school activities and premises.

Ethical Conduct:

• Governors should act with integrity, transparency, and accountability, putting the best interests of the school community at the forefront of their decisions.

Monitoring and Evaluation

Just like any area of practice, it is essential to monitor and evaluate duty of care practice. This should include:

Regular Reviews:

• Conducting regular reviews of policies, procedures, and practices to ensure they are effective and up-to-date.
• Feedback Mechanisms: Implementing mechanisms for feedback from students, parents, and staff to continually improve safety and well-being measures.

Inspections and Audits:

• Facilitating regular inspections and audits by external bodies, such as Ofsted, to ensure compliance with standards and identify areas for improvement.

Conclusion

School governors in the UK play a pivotal role in ensuring the Duty of Care is upheld within educational institutions. By proactively managing policies, health and safety, safeguarding, staff development, and resource allocation, governors contribute significantly to creating a safe, supportive, and effective learning environment. Their commitment to these responsibilities not only fulfils legal and moral obligations but also enhances the overall trust and reputation of the school.

Sara Spinks

SSS Author & Former Headteacher