Schools - violent, aggressive and dangerous behaviour: risk assessment guidance

Section 2: Risk assessment – general overview of responsibilities and duties

Please note that this list is not exhaustive and local authorities should seek their own legal advice to ensure they are appropriately discharging their responsibilities and duties.

Relevant educational policy, legislation, and guidance context

Getting It Right For Every Child (GIRFEC) 2008

National Risk Framework to Support the Assessment of Children 2012

Relationships and behaviour in schools: national action

Included, Engaged and Involved Part 3 2024, Part 2 2017, and Part 2019

Part 9 of the Children and Young People (Scotland) Act 2014

Education (Additional Support for Learning) (Scotland) Act 2004

United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

Child protection guidance updated 2023

Respect for All: national approach to anti-bullying 2024

Responsibilities and duties in the context of UNCRC considerations

The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 requires public authorities in Scotland (for example, local authorities) to act compatibly with the UNCRC. The following articles are particularly relevant in the context of this guidance:

Article 3 – best interests of the child

Article 12 – respect for the views of the child

Article 19 – protection from violence, abuse and neglect

Article 28 – right to education

Article 29 – aims of education

In the context of this guidance, these articles are considered to relate to the need to act where a child may be at risk of harming themselves or another child, in considering the views of those children involved in any incident, both the child whose behaviour has led to the risk and those who were experiencing the behaviour. In addition, they reflect the need to consider the needs of other children where there are risks of a violent incident occurring and to secure the right to education for all children as well as ensuring such education develops the personality, talents and abilities of the child to the fullest and builds their respect for other people and the world around them.

Corporate parents’ statutory responsibilities and duties

Part 9 of the Children and Young People (Scotland) Act 2014 outlines the responsibilities and duties of corporate parents. Corporate parents are the persons listed, or within a description listed, in schedule 4 of the 2014 Act. In the context of assessing risk which involves ‘looked after’ children and young people, corporate parents must:^[11]

• be aler t to matters which might adversely affect their wellbeing
• assess their needs for services and support the corporate parent may provide, as well as promote their interests
• seek to provide them with opportunities to access opportunities and participate in activities designed to promote their wellbeing and make use of services and access support which the corporate parent provides

Local authorities’ (employer^[12]) statutory health and safety responsibilities and duties

• The local authority, as an employer, is accountable for the health and safety of employees and other persons (HSE guidance on leading health and safety at work).
• The day-to-day running of the educational setting is usually delegated to the headteacher and the senior leadership team. In most cases, they are responsible for ensuring that risks are managed effectively.
• The local authority is required to carry out suitable and sufficient health and safety risk assessments for the purpose of identifying appropriate measures to ensure health and safety of employees and persons other than employees to whom health and safety risks may arise out of the employer’s business. The significant findings of this health and safety risk assessment, as well as any group of employees identified as being especially at risk, are to be recorded.^[13]
• The local authority is required to record all work-related injuries and report certain incidences under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (2013) (RIDDOR) therefore the local authority must ensure that all educational settings have a suitable recording and reporting procedure.
• The local authority is to make and give effect to such arrangements as are appropriate for the effective planning, organisation, control, monitoring, and review of the preventive and protective measures. Such arrangements require to be recorded.^[14]
• The local authority should ensure all educational settings take action to assist with upholding health and safety preventative and protective measures.
• A competent person is to be appointed and is someone with sufficient training, experience, and knowledge to assist the employer in undertaking measures to comply with the relevant statutory provisions (HSE guidance on appointing a competent person).
• Different risks may require diff erent types of knowledge and experience. For example, someone with knowledge and experience in managing risks associated with the physical building may not have relevant knowledge and experience in how to manage risk. I n most educational settings, the senior leadership team (SLT) can manage and care for their children. Local authorities as employers can also seek external support as required.^[15]
• Local authorities are required to provide employees with comprehensible and relevant information as well as adequate health and safety training.^[16]

Educational settings’ responsibilities

• Health and safety should be an integral part of the educational setting’s culture, values, and quality assurance procedures. See HSE guidance on leading sensible health and safety management in schools.
• Risk assessments should be an integral part of any health and safety policy.
• Risk assessments may cover the risks resulting from the child’s behaviour to both themselves and anybody else.
• Although health and safety risk assessments will be the specific responsibility of the employer, the assessment process should involve all relevant educational settings and employees.
• When undertaking risk assessments, the relevant regulatory frameworks and the educational settings policies^[17] should be considered; and all relevant stakeholders including relevant employees, parents, trade unions representatives should be liaised with where appropriate.
• All health and safety, as well as formal and dynamic^[18] risk assessments should be recorded (risk assessment: template and examples).
• Headteachers are to record and report relevant procedures.
• Individuals or groups who may be especially vulnerable to specific risks should be identified by the employer and if appropriate highlighted to educational settings and employees.
• When a child with a history of behaviour that could cause harm transfers between educational settings, the settings involved should liaise to ensure that relevant educational records are shared.^[19] A new risk assessment should then be completed for the new setting.
• Anyone who feels risk assessments are inadequate, or inappropriate, should raise this directly with their SLT, local authority, and potentially request a review of the processes. For example, if they feel processes are too bureaucratic or do not reduce the risk sufficiently. If required they should raise their concerns with their Health and Safety Committee, or with their trade unions.^[20]
• There should be processes in place to support anyone affected by violence. This should include appropriate interventions such as post-incident support, victim support or embedded processes to address stress and mental health at work.

Other relevant considerations

• Headteachers should access health and safety expertise within their local authority to support with risk assessing more complex situations.
• Professional relationships play a key role in respecting rights, promoting understanding, developing resilience, and ensuring children actively participate and understand what is happening with and around them, including the risk they pose to themselves and/or others.

Employees’ health and safety statutory responsibilities and duties

Employees should follow health and safety procedures put in place by their employer. The Health and Safety at Work etc. Act 1974 also requires them to:

• take reasonable care of their own health and safety and that of others who may be affected by what they do at work
• cooperate with their employers on health and safety matters so far as is necessary

Separately, under the Management of Health and Safety at Work Regulations 1999, employees are also to:

• undertake their work in accordance with training and instructions
• inform their employer or other relevant employees of any work situation representing a serious and immediate danger or a shortcoming in the employer’s protection arrangements for health and safety, so that immediate remedial action can be taken

Parents’ and Carers’ expectations

Parent or carer permission is not required to conduct a health and safety risk assessment. However, it is good practice to engage parents and carers in the wider risk assessment process.^[21] Parents or carers^[22] may be able to provide insight and information about why their child’s behaviour is happening, other unknown risks and triggers, and their child’s vulnerabilities and resilience. Parents and carers may also be able to use mitigating strategies at home.^[23] To support their child, parents and carers should:

• support their child to act appropriately and safely
• work with the local authority/educational setting to plan for, and implement, mitigations to reduce the likelihood of their child exhibiting violent, aggressive, and dangerous behaviour
• stay in regular communication with the local authority/educational setting^[24]
• where and when possible, at home utilise and talk positively about supportive strategies used in their child’s educational setting

Other relevant roles

• Health and safety legislation requires employers to consult with employees or trade union/health and safety representatives.^[25] Health and safety committees are an effective forum for consultation with trade union/health and safety representatives. Health and safety committees should regularly review relevant educational policies and statistical reports (anonymised) to monitor and respond to incidences, and patterns, of violence, aggression, or dangerous behaviour.
• Employees contributing to a risk assessment concerning children’s behaviour can also consult their trade union/health and safety representatives as well as the responsible person or team involved in providing education and care for the child.
• Other services such as social work, police, or third sector organisations may also be asked for advice and/or support when completing health and safety risk assessments.