The DfE told me who was ultimately responsible regarding toilet design and safety of their pupils. It will be the same for changing rooms. This is their response summarised:
When replying to the FOI request on toilet door gap safety and medical conditions, the DfE said, ‘Schools are responsible for the health, safety and welfare of pupils (School Premises Regulations/Independent School Standards) and this would include supporting pupils with additional needs. Where a pupil has a special requirement, suitable toilets must be provided to meet that need under the School Premises Regulations/Independent School Standards: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachmentdata/file/410294/Adviceonstandardsforschoolpremises.pdf (page 8).’
‘In terms of health and safety in schools, all schools must adhere to the Health and Safety at Work etc. Act 1974. The employer in a school must take reasonable steps to ensure that staff and pupils are not exposed to risks to their health and safety.
The employer is required to ensure that a risk assessment is conducted and measures put in place to minimise any known risk. Employers, school staff and others also have a duty under common law to take care of pupils in the same way that a prudent parent would.
The employer in a school will vary depending on the type of school. For community, voluntary controlled, community special, and maintained nursery schools this is the local authority. For foundation schools, foundation special schools and voluntary aided schools the employer is the governing board. For academies and free schools, the employer is the governing board or academy trust and the proprietor is the employer in independent schools.
Schools must have a health and safety policy in place which the headteacher is responsible for implementing.
Furthermore, the department’s statutory guidance ‘Supporting Pupils with Medical Conditions at School’ (https://www.gov.uk/government/publications/supporting-pupils-at-school-with-medical-conditions3) makes it clear to schools what is expected of them in taking reasonable steps to fulfil their legal obligations in relation to toilet facilities.
Any concerns about a school’s procedures should be raised directly with the school in question in the first instance as schools are autonomous institutions run by a governing body, with day-to-day operational decisions such as access to toilets during lessons, managed by the headteacher.’
In addition, when replying to the FOI request on toilet door gap safety and assaults on girls the DfE said, ‘Schools and colleges have a critical role to play in protecting children and keeping them safe. Keeping children safe in education’ (KCSIE) is statutory guidance that all schools and colleges must have regard to when carrying out their duties to safeguard and promote welfare of children.
The KCSIE guidance is very clear that best interests of children must always come first where there are any concerns action should be taken immediately.
Amongst other things, KCSIE sets out that safeguarding is everyone’s responsibility and that;
- All staff have a responsibility to provide a safe environment in which children can learn.
- All staff should receive safeguarding training.
- All staff should know what to do if they have a concern about a child.
- All schools and colleges should have an effective child protection policy that also reflects the approach to child-on-child abuse, including: procedures to minimise the risk of it occurring; how allegations will be recorded, investigated and dealt with; clear process on victim and perpetrator support, clear statement that child on child abuse should never be tolerated or passed off as just part of growing up; and the different forms on child on child abuse can take. The guidance has been further strengthened for 2022 – ensuring schools have even clearer guidance on how to deal with reports of sexual abuse. This revised guidance now includes the ‘sexual violence and sexual harassment advice ‘which puts it on a statutory footing to give the issue the prominence it deserves.’