The recently reported case of a head teacher convicted over the death of a pupil is a sad but timely reminder of the statutory duties that rest with school authorities. The facts as reported in the press were that a three year old pupil died after jumping off brick steps while pretending to be Batman. One teacher was on playground duty but could not supervise the steps from where she was. This simple scenario had tragic consequences and the Headmaster now faces a personal fine, yet to be determined by the Court, and the obvious damage to the school’s reputation.

The prosecution was not for corporate manslaughter, but for an offence under Section 3 of the Health and Safety at Work etc Act 1974 (HSWA) that places general duties on employers to persons other than their employees and therefore includes pupils and their parents. The Health and Safety Executive (HSE) [http://www.hse.gov.uk] publishes guidance on the type of incidents that will be investigated and their policies on the enforcement of HSWA.

Obvious indicators will be how far a school has fallen short of what the law requires, the extent of the risk and whether established good practice has been followed. In deciding whether to investigate and ultimately prosecute the HSE will consider issues such as:

		the severity and scale of the potential and actual harm
		the seriousness of the breach of law
		any evidence or knowledge of the duty holder's past health and safety performance

Prosecution is generally recommended where death results, or where there is a reckless disregard for health and safety requirements, or where standards of managing health and safety fall far below what is required. Evidence of persistent and significant poor compliance will also be a factor.

It is vital for schools to ensure that they are operating in accordance with best practice. They should be familiar with general guidance issued by the HSE and ensure that all risks are properly considered and managed, whether they arise on the school premises or during school activities and visits. This case comes at the same time as confirmation that the new Corporate Manslaughter and Corporate Homicide Act 2007 has received Royal Assent. This new legislation, which comes into force in Spring 2008, will ensure that bursars will be as busy as ever in this complex area of legal practice.