The Terrorism (Protection of Premises) Bill gets second reading in parliament

On 14 October 2024 the Terrorism (Protection of Premises) Bill, also known as ‘The Protect Duty’ or ‘Martyn’s Law’, had its second reading in the House of Commons. The Bill will be scrutinised at the committee stage before it returns to the floor of the House of Commons for the report stage.

This proposed legislation has been introduced by the government as part of its commitment to improve protective security and organisational preparedness across the UK. A new duty will be placed on those responsible for premises and public events, requiring them to take appropriate action to strengthen public safety, with requirements reflecting the size of the venue and the activity taking place.

Will the new duty apply to schools?

Whilst the Bill progresses through the parliamentary review process and continues to remain subject to debate and possible amendment, it is important to survey its potential implications for venue and event operators. Although the legislation was initially aimed at keeping the public safe in large venues such as arenas and stadiums, schools will have some new duties.

The Bill proposes a tiered model linked to activity that takes place at a location and its capacity. A ‘standard tier’ duty will apply to locations with a maximum capacity of over 100. An ‘enhanced tier’ duty will apply to locations or venues with a capacity of over 800 people at any time.

As schools are already required to have safety and safeguarding policies in place, which are created at local level, all childcare, primary, secondary and further education premises will fall within the ‘standard tier’, even if the number of people on site exceeds the enhanced threshold of 800.

The requirements for ‘standard tier’ premises are focused on simple activities surrounding policies and procedures, which are to be followed by staff in the event of a terrorist attack or suspected terrorist attack occurring. The aim of these requirements is to improve staff preparedness and responses.

What do schools need to do?

It is likely that schools already have in place many of the policies and procedures that will be required under the duty. There is no requirement to put in place physical measures in this tier and schools should tailor their approach to the resources they have available.

One of the primary obligations of those responsible for Standard Tier premises is to implement procedures that, so far as reasonably practicable, reduce harm to the public and staff at the premises in the event of a terrorist attack. The four types of procedures that must be put in place are:

• Evacuation – the process of getting people safely out of the premises
• Invacuation – the process of bringing people safely into, or to safe parts within, the premises
• Lockdown – the process of securing the premises to ensure that the entry of any attacker is restricted or prevented
• Communication – the process of alerting people on the premises to move them away from any danger.

Schools are already required to conduct health and safety risk assessments and, in anticipation of the Bill becoming law, may wish to review and update these to ensure that they identify potential risks from terrorism and actions that could be taken to mitigate these risks, including any physical security threats specific to the school.

The risk assessments should identify potential weaknesses, such as at the start and end of school day, and a more detailed risk assessment should be considered if the school holds an event such as a sports day.

Schools will also need to ensure that the protection procedures are effectively communicated. It would not be sufficient to have a lockdown procedure in place if no one understands how to follow it. Training should be provided to all teaching staff, support staff and volunteers and also cover the school’s day-to-day security measures such as the wearing of lanyards, signing in and out of the premises and ensuring that access to the building is restricted by closing and locking doors. The training should be updated regularly to help maintain awareness on procedures and offered to all new staff at induction.

Following Royal Assent, schools will be given time and support to understand and implement their new obligations. In anticipation of the new requirements, schools should consider public protection procedures and relevant training when next reviewing their current policies and procedures.