Martyn’s law: how might it affect schools?

<Update: 17/7/24 – Martyn’s Law was included in the King’s speech today demonstrating Labour’s commitment to the anti-terrorism bill. Although no timeframe was set for the ‘Terrorism (Protection of Premises) Bill’ to be enacted, it is widely assumed that this is likely within the next year.>

<Published: 10/7/24> Martyn’s Law, also known as the Protect Duty1, is a new law whose implementation has been delayed by the General Election. It is designed to help protect the public from terrorism attacks such as the 2017 Manchester Arena attack in which 22 people died, including Martyn Hett whose name has been given to the law. Whilst the date for this law coming into effect is to be confirmed, the purpose and responsibilities placed on organisations are unlikely to alter significantly from those in the draft Bill.

Although the legislation was initially aimed at keeping the public safe in large venues such as arenas and stadia, schools will also have some new duties in this law. The responsibilities fall into two different risk-based categories and fortunately, schools will be within the lower ‘standard’ tier (even if the number of people on site exceeds the enhanced threshold of 800). Whilst legal changes can add to the range of existing compliance for school leaders to navigate, from our experience working with numerous schools in the independent and state sector, most would already be largely compliant. This helps ensure a degree of proportionality since the security threat, especially of terrorism, to schools is generally very low.

Although the final version of the law with some details including that of enforcement is yet to be published, we have summarised the key responsibilities for schools.

1. Risk assessments

Schools already have to conduct health and safety risk assessments and these will need to additionally consider physical security more thoroughly. A more detailed risk assessment would be advisable if a school holds a busy event (such as a sports day inviting spectators, a fundraising fair or speech day, for example) or lettings schedule or has a theatre or other similar facility used by the public.

• Identify and assess the physical security threats specific to your school
• Identify higher-risk areas and potential vulnerabilities that could be exploited by an offender that wishes to cause harm to people or commit other offences on your site
• Assess the effectiveness of current security measures and identify potential weaknesses, such as at the start and end of school day when gates and doors need to be open, during holiday periods, open days or other events where the day-to-day term time procedures and staffing levels are different.
• Assess the ability of staff to detect unauthorised persons on site and to respond to this, communicating effectively with management perhaps via VHF radios or other reliable communication systems.

Note: Pharos Response can support you with risk assessment training and/or reviewing your risk assessments.
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2. Security operating procedures

Schools will need to develop sufficiently detailed security operating procedures and emergency plans that respond to the threats identified through the physical security assessment. These plans would need to include:

• Clear alert and communication strategies during emergencies.
• Lockdown procedures, both cautionary ‘perimeter’ invacuations and full emergency response to an immediate on-site threat involving locked classrooms, offices and everyone hiding until the arrival of police with lights off, blinds down and phones switched off.
• Periodic rehearsals for management, staff and pupils.

Note: Pharos Response can support you by reviewing your plans and procedures.
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3. Staff training

Training staff in these response procedures is a key part of Martyn’s Law and will help foster an improved security ‘culture’. Schools will need to:

• Deliver training to academic and support staff to identify and report suspicious behaviour, challenging unknown individuals in school.
• Train academic and support staff on the school’s day-to-day security measures that include wearing of lanyards, locking doors and in the implementation of emergency procedures and security plans.
• Conduct suitably-frequent update training to help maintain awareness on procedures and to keep new staff informed.

Note: Pharos Response can support you with staff security briefings and training.
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4. Physical protective security measures

Based upon existing safeguarding and health & safety requirements, schools already have many features that help manage physical security threats. A more detailed security risk assessment may identify a need to upgrade physical security measures, such as:

• Upgrading areas of more vulnerable outer or inner perimeter fencing and gates.
• Installing or upgrading CCTV systems to help deter crime.
• Securing external entry points with access control systems.
• Ensuring duty staff are visible and monitoring open points of entry to the site at peak flow times. Although this places a burden on already busy colleagues, this is such an important deterrent to potential offenders who may seek to exploit these more vulnerable times of day.
• Preventing unauthorised vehicle access.

5. Community liaison

School security is supported by proactive communication and coordination with neighbourhood police, the local authority and nearby schools or businesses. This can be done by attempting to achieve the following, as part of a senior management or governance priority.

• Establishing direct lines of communication with local police and emergency services. Police resources are often stretched but consider inviting officers to use the school’s facilities to conduct training out of school hours.
• Proactively participating in community safety programmes and initiatives where they exist.
• Parents and pupils should be informed about the school’s security measures and the importance of reporting suspicious activities. Advance notification of lockdown plans and rehearsal will help them understand this in the event it is ever required for real.

6. Monitoring and auditing

In a similar way to other areas of school operational compliance, monitoring and auditing will help ensure systems and procedures remain effective and proportionate to the potential threats and vulnerabilities. This can be achieved through:

• Routine inspections and checks by facilities staff and senior managers, supported by an effective method of reporting defects in doors, windows, security lighting, CCTV etc to facilities and maintenance teams.
• External survey by professionals (such as Pharos Response). We all know the benefit of inviting experts with experience across many different establishments.

Implementing Martyn’s Law will require some investment in management time to develop procedures and conduct training but compliance should not in itself necessitate significant capital expenditure. Of course, it may catalyse other security planning which could identify opportunities for infrastructure development in a planned and considered way.

Note: Pharos Response can support you with site security audits.
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Where can schools get support?

The Department for Education provides some excellent resources for schools2 and this should be the first place to look. As outlined above, attempts should also be made to collaborate with neighbourhood policing teams and the Local Authority. ProtectUK3 also has some helpful resources around physical security in general, as well as specific section on Martyn’s Law.

Finally, of course the team at Pharos Response include former senior police officers and other security professionals with extensive experience in working with schools. Pharos’ full onsite security audits include compliance to (the draft) Protect Duty.

If you require a security audit or would like to discuss school security or Martyn’s Law specifically, please contact Dean Rosier to arrange a call on 01183 800 140 or at info@pharos-response.co.uk or request more information.

1. Terrorism (Protection of premises) draft Bill
https://www.gov.uk/government/publications/terrorism-protection-of-premises-draft-bill-overarching-documents

2. Applies to schools in England
https://www.gov.uk/government/publications/school-and-college-security/school-and-college-security

3. ProtectUK
https://www.protectuk.police.uk/martyns-law