Update on Martyn’s Law - The Terrorism (Protection of Premises) Act - How the law specifically applies to education settings

SSS Learning 1 min read
Update on Martyn’s Law - The Terrorism (Protection of Premises) Act - How the law specifically applies to education settings feature image

Since the publication of our earlier article on the Terrorism (Protection of Premises) Act, further guidance has been issued by HM Government to clarify how the law specifically applies to education settings.

Many organisations found the original guidance confusing, so in this article, we outline the key points schools and other organisations need to be aware of.

Education Tier Classification

  • Early years, primary, secondary, and further education settings will always fall within the standard duty tier, regardless of capacity.
  • Higher education institutions and independent training providers are treated slightly differently. They fall into the standard duty tier if they have between 200 and 799 people on site, including staff. But once they reach 800 or more, they move into the enhanced duty category.

Standard Duty Requirements

  • Standard duty requires procedures for evacuation, invacuation, lockdown and communication. Ideally this should be incorporated within the organisation’s Emergency Resource Plan. The plan should be shared with all staff, and to fully meet safeguarding requirements all staff should complete training. These scenarios should also be tested, in much the same way as fire evacuation practices.
  • Clarification: Physical security measures (e.g. barriers, searches) are not required under standard duty.

Enhanced Duty – Designated Senior Individual (DSI)

  • Enhanced duty settings (HE/independent training with 800+) must appoint a Designated Senior Individual (DSI) at senior management level.
  • The DSI has to be part of senior management, and they are responsible for documenting procedures, liaising with the Security Industry Authority, and ensuring compliance.
  • Importantly, the DSI is not personally liable unless an offence is committed with their consent, connivance, or neglect.

Implementation Timeline

  • The Act gained Royal Assent on 3 April 2025.
  • There will be a minimum 24-month implementation period before enforcement begins, giving education settings time to prepare.

In summary, educational settings now have specific tier treatment. Most schools will fall into the standard duty category. Enhanced duty will only apply to larger universities or training providers, which includes the requirement to appoint a DSI.

Whilst schools benefit from the delayed implementation timescales, it is essential to develop a comprehensive Emergency Response Plan and schedule training for governance, senior leaders and all staff prior to the deadline.

SSS Learning

6 October 2025