Chapter 21 school premises/school in the community of guide for school governors

This chapter describes the responsibilities of the Board of Governors regarding the school premises, including maintenance and health and safety and insurance issues. It also encourages the Board of Governors to promote the use of the school in the community.

In this chapter:

Role of the Board of Governors
The role of the Board of Governors is to ensure that the school premises and grounds are maintained; maintain an inventory of equipment, furniture, plant and vehicles; ensure health and safety on the premises; prepare, maintain and implement an accessibility plan for disabled pupils; and promote and determine the arrangements, including charges and insurance cover for the wider use of the school in the community.

Ownership

21.1. Although Boards of Governors have wide ranging responsibilities for the management of schools, in most cases they do not actually own the premises which they manage. Details of schools’ ownership arrangements are set out below.

Controlled Schools

The buildings and land of controlled schools are owned by the education and library boards (ELBs).

Voluntary Grammar and Voluntary Maintained Schools (including Irish Medium)

Voluntary grammar and maintained schools are in most cases owned by trustees. For DE to pay capital grants to a voluntary school, the school premises must be ‘vested’ in the names of trustees and DE. This means that the premises cannot be disposed of without the consent of DE.

Grant Maintained Integrated (GMI)

GMI (and Irish Medium) schools which have satisfied DE’s criteria for long-term viability, become eligible for capital grant-aid. Their buildings and land become owned by their Trustees and become vested in the names of the Trustees and DE, in the same way as other voluntary schools.

Private Finance Initiative (PFI) and Public Private Partnership (PPP)

21.2. Some schools have been procured through PFI or PPP arrangements and there will be a contract in place governing the relationship between the school and the contractor. PFI and PPP procurements have broadly the following characteristics:

there will be a long term service contract between the school authority and the private sector operator;
there will be a Unitary Payment (monthly) from the school authority to the private sector operator;
there will be service delivery and performance standards;
there will be a performance related payment mechanism;
there will be a Project Manager who will manage the contract with the private sector operator on behalf of the school authority.

Buildings and grounds maintenance

21.3. The Boards of Governors of voluntary grammar schools and GMI schools are responsible for all maintenance in respect of their premises (including grounds) and receive funding for both ‘landlord’ and ’tenant’ elements, under the terms of DE's ‘Common Funding Scheme’ for Local Management of Schools (paragraph 3.16 refers).

21.4. The Boards of Governors of all other grant-aided schools are responsible, and receive funding, for ‘tenant’ maintenance only, with ‘landlord’ maintenance remaining the responsibility of the ELB. The distinction between ‘landlord’ and ‘tenant’ maintenance is set out in Annex C of DE's ‘Common Funding Scheme’. However, it is emphasised that, in some circumstances, neglect of maintenance, which falls within the ‘tenant’ category, can eventually result in the need for ‘landlord’ maintenance which would otherwise not be necessary. In such circumstances, the ELB reserves the right to charge the cost of ‘landlord’ repairs to the school’s delegated budget.

21.5. Except in the case of voluntary grammar and GMI schools, Boards of Governors do not have any responsibility for the maintenance of school meals accommodation.

Role of the principal

21.6. The principal should ensure that the physical condition of the school is satisfactory and inform the governors of the state of the buildings and grounds and enlist their support in requesting maintenance and improvements. In a school procured under PFI/PPP, the Project Manager should liaise with and update the Board of Governors on these issues.

Scheme of management

21.7. The scheme of management for the school sets out the duties of the Board of Governors in relation to the school premises. All Boards of Governors should carry out an inspection of the premises and equipment of the school and record its findings, at least once in each school year. The findings should be copied to the trustees and the ELB in the case of controlled and voluntary maintained schools. The ELB should be notified of any need for alterations or extensions to the premises of a school and any other proposals for capital works.

Controlled and voluntary maintained schools

21.8. The Board of Governors of a controlled or voluntary maintained school may at any time, submit proposals to the ELB relating to any repairs, maintenance or equipment considered necessary for the school, for which the Board of Governors has no delegated responsibility. Also, the Board of Governors may, if authorised by the ELB, incur reasonable expenditure on emergency works of repair and maintenance to the school premises for which the Board of Governors has no delegated responsibility.

In carrying out its responsibilities for maintenance of school premises, Boards of Governors are required to comply with the Standing Orders and contracting procedures of the ELB.

Schools procured under PFI and PPP

21.9. It is typical in a PFI or PPP contract for the private sector operator to be contractually responsible for providing building and grounds maintenance. A predetermined unitary charge is made monthly to the private sector contractor for these services, which are both planned and reactive in nature. The contribution by the school authority to the unitary payment is predetermined and subject to review (benchmarking) at predetermined stages.

Inventory of assets

21.10. Each school should maintain an inventory of equipment, furniture, plant and vehicles in accordance with any requirements which may be specified by DE or the education and library boards; the inventory should include items which are moveable and attractive for example cameras and DVD players. The inventory should include

date of acquisition;
description (including serial numbers);
cost;
source of funding; and
location.

Under PFI, the private sector operator will provide an inventory of the assets which it provides. Where assets have been provided by the school, the school will be required to provide an inventory of these items. Such inventories should be kept up to date by the parties involved.

Health and safety

21.11. The education and library boards and CCMS have certain responsibilities as the employer of staff in controlled and maintained schools. However, Boards of Governors of all schools have a statutory duty to ensure health and safety on premises under their control; this includes, where appropriate, compliance with the directions of the Employing Authority. Individual staff members are liable for any breaches of the Board of Governors’ duty caused by them.

21.12. The categories of health and safety provision which Boards of Governors are required to meet from their delegated budgets are:

purchase and maintenance of equipment, including some fire fighting equipment (under PFI, this service is provided by the private sector operator, the cost of which is included in the unitary payment);
non-structural repairs (under PFI, this service is provided by the private sector operator, the cost of which is included in the unitary payment, however, where damage occurs in the school and is deliberate the school will be required to fund repairs); and
all cleaning.

Accessibility plan

21.13. Boards of Governors have a statutory duty to prepare, maintain and implement an Accessibility Plan, addressing the extent to which disabled pupils can participate in the school’s curriculum. The school’s physical environment is clearly one of the major factors affecting access to the curriculum. The Accessibility Plan must show how the physical environment is to be improved for the purpose of increasing, within a reasonable time, the extent to which pupils with a disability can take advantage of education and associated services provided by the school. (Paragraph 14 of chapter 12 also refers). The Board of Governors must keep the plan under review, ensure that it is properly implemented and report annually to parents on the steps they have taken to implement it.

Promoting the use of the school in the community

21.14. The community is a key element in educating young people to the highest possible standards and realising the central focus of "developing young people to reach their full potential…". The schools estate represents a significant public resource which could and should be more widely used by schools themselves and by the local communities in which they are located. There are significant educational and wider benefits in encouraging stronger links between schools and their communities.

21.15. School premises (including grounds) are a valuable facility for community use and schools are actively encouraged to consider making their premises available as a community facility where possible. Under PFI arrangements, the use of the school premises by third parties is by agreement of the school authority and the private sector operator.

21.16. If use is to be made of the school premises, other than for school purposes, the Board of Governors should obtain from the user body (for the period during which the school is in use for non school activities) written indemnity against

any damage caused to school property and premises;
any personal injury caused on the school premises or the school property; and
any other public loss.

Boards of Governors are entitled to make charges for any educational facilities or services which they choose to make available, except in such circumstances as may be prescribed. 'Educational facilities' means the equipment, premises and other property of a school; ‘educational services’ include those services provided by teachers.

21.17. Schools’ delegated budgets provide only for expenditure relating directly to the running of the school. They do not include provision for non-school activities and may not be used for such purposes. Charges levied for the outside use of school premises or facilities should fully cover any actual costs associated with such use, for example caretaking, cleaning and heating costs. Guidelines on charging are available from the education and library boards. Income from charges should be credited to the school’s delegated budget, and should be itemised separately.

21.18. Boards of Governors should ensure that any part of the school premises which is to be used, either by the school itself or by an outside body, for a public function such as a concert, dance or disco is properly covered by a current Entertainments Licence.

21.19. The Board of Governors of a community school can co-opt on to the Board up to three persons who are representative of those who take part in the school’s non-school activities.

21.20. School Boards of Governors also have an important role in helping their community to value education. Thus, it is important that in promoting schools and the use of their premises, the governors keep the community well informed about, for example, what they have to offer in terms of education provision and education services including sporting and other facilities. This is part of promoting good relations between the school and the wider community.

Insurance

21.21. Boards of Governors should ensure that all insurances are effected and maintained. as are necessary to safeguard the school and its governors against all public liability, and against the consequences of negligence on the part of any person employed by the Board of Governors or any defect in the buildings, premises, furnishings or equipment of the school whereby death, injury, loss or damage might result to any person in or upon the school premises.

21.22. Under existing arrangements, controlled schools have been covered by the self-insurance arrangement of the education and library boards in respect of premises and equipment. In the case of maintained schools, the relevant education and library board meets the costs of commercial premiums required to insure premises and equipment. For both controlled and maintained schools, premiums for public and employer’s liability have been met by the relevant education and library boards. In the case of a school procured through PFI, insurance liabilities of the school authorities and that of the private sector partner are set out in the contract. Voluntary grammar and GMI schools meet all insurance costs from their delegated budget allocation, which contains an allowance for this purpose.

21.23. In the case of all schools, it is the responsibility of the Board of Governors to ensure that any vehicles owned by the school are fully insured.

21.24. There are rare occasions when personal injury may occur in circumstances where there is no legal redress; for example, in the case of sporting accidents where there is not negligence on the part of the school staff involved. Boards of Governors may wish to advise parents to arrange appropriate cover for their own children, if they believe it is desirable.

Capital development works

21.25. The education and library boards are responsible for maintaining and updating Asset Management Plans (AMPs) for the whole schools’ estate, taking account of the guidance provided or approved by DE and based on surveys of the condition and suitability of the estate. These AMPs will help to determine capital investment priorities.

The law

Primary legislation

Education Reform (NI) Order 1989 - Article 139
(Community schools – co-opted governors)

Education Reform (NI) Order 1989 - Article 140
(Community Use of Schools)

Education (NI) Order 1996 - Articles 4-9
(Accessibility Plans)

Education (NI) Order 1998 - Article 7
(Charges for Educational facilities and Services)

Education (NI) Order 2005 - Article 18
(Accessibility Plans)

Health and Safety at Work (NI) Order 1978 - Article 6(2)
(Breaches of duty by staff members)

Special Educational Needs and Disability (NI) Order 2005
(Accessibility Plans)

Guidance

DE’s Common Funding Scheme for Local Management of Schools, (paragraph 3.16 refers).
http://www.deni.gov.uk/2012-13_common_funding_scheme.pdf