Posted By Zoe Barnett Staff in controlled schools are employees of the LEA and therefore the LEA is the dutyholder under HASAWA. However under local management of schools the real power is with the headteacher. I've read the Sector Information Minute from the HSE but it seems to me that the only real teeth an LEA has is to apply to the Secretary of State for a direction that a school has to comply with its H&S directions. Take this to its logical conclusion - an LEA threatens this action, the school exercises its right to go to a different H&S competent person who gives conflicting advice...this is particularly difficult when you consider that we rely on the money from our H&S service level agreement with schools. Without this money we'd have no H&S resources at all, so there is a PR element to take into account. My LEA sure as eggs is eggs hasn't got the resources to go for legal action (which I imagine is a complex and lengthy process) every time a school fails to comply with our recommendations. And surely we can't take legal proceedings against ourselve? How do other LEAs reconcile their duty under the Act with the fact that in real life the headteachers can effectively refuse to take any steps?

Posted By Dave Garioch Hi Zoe, you need to check the wording in your scheme for the delegation of funding under the School Standards and Framework Act 1998. Most authorities have wording to the effect that where there is a serious health and safety risk then the authority, as employer, reserves the right to carry out the work and charge the school accounts. If your authority does not have this then I suggest you get it put into your delegation scheme. The DfES aslo sent a letter to schools and LEAs, in 2001, about health and responsibilities, you can download it from http://www.teachernet.go...lites%20and%20Powers.doc Hope this helps Dave