Convincing the Board to complete H&S training

[Tyban]

Evening all,

Trying to get the volunteer College Board members to complete some H&S training but the Clerk of the Board has argued that they have completed Safeguarding and don't need H&S. I have pointed out that the Board members are the directing mind in the college i.e. oversee recruitment, finances, sit on all the committees and insist on Termly reports and signing off policies and so require an awareness of legislation and the duties etc.

Can anyone help in putting an argument / justification together.

Kind regards
Ty

[WillPool]

Section 2 (2) of the HSAWA

the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;

Will

[abarnett]

I'd also go with section 37 as well...

If they have no H&S training (and consequently no knowledge of responsibilities etc) then how would they be able to disprove an allegation of neglect below...

37 Offences by bodies corporate.

(1)Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

[bernicarey]

Tell the Clerk of the Board that the definition of Safeguarding is

Safeguarding means protecting people's health, wellbeing and human rights, and enabling them to live free from harm, abuse and neglect. It's fundamental to high-quality health and social care.

From the CQC http://www.cqc.org.uk/content/safeguarding-people" onclick="window.open(this.href);return false;

Putting it bluntly, it's about inappropriate illegal activities with children and their actual health from things like poor diet, social injustice etc.

It's nothing to do with the Health & Safety of those affected by the operations and activities of the College.

I did a short Blog earlier this year, http://www.belvoirsafety.co.uk/do-acade ... ir-finger/" onclick="window.open(this.href);return false; where there are links to some other useful items, including an SHP Article from 2013 about Schools and Academies.
RoSPA have spoken of the “unconscious incompetence” in relation to health and safety in education.

Your Clerk is a case in question and sleepwalking into a Court Case.

SHP 'In Court' pages will find you several Court Cases involving education establishments, from pupils getting hurt to school staff and contractors

[Tyban]

Thank you all, some great information. Because the Board are volunteers they do not class themselves as employees and see the Principal & CEO as the guy responsible for everything even though the Board oversees decisions.
You have provided just the information I need.
Cheers

[Essex]

I would personally find a link between H&S training and productivity. No one wants to here about training because the law says so. Even if they are forced to they will do so internally fighting against it. Try and get them on board by finding a link between the training and what the Board is ultimately trying to achieve.

[bernicarey]

I would personally find a link between H&S training and productivity. No one wants to here about training because the law says so. Even if they are forced to they will do so internally fighting against it. Try and get them on board by finding a link between the training and what the Board is ultimately trying to achieve.

I would agree with that in regards to a normal commercial company, but Tyban is speaking about an educational establishment, where many Trustees or Governors are in complete ignorance of their circumstances and the trouble that lies in wait for them.

There's no productivity as such, they aren't making a profit for themselves or shareholders (in many cases, although some are of course), there's simply bookkeeping relating to numbers of children, exam results and Ofsted grading.

As Tyban said, their Board are Volunteers.

At a networking event a couple of months ago, I was speaking with a woman, who was there to network regarding her business, but happened to mention in conversation that she had joined the Board of her child's school.
She then went on to explain that she was shocked a couple of weeks previously to receive a letter from Companies House confirming her appointment as a Director of the School.
What Directorship?
She hadn't been told about that when she joined the Board, thinking she was just going to be a School Governor and turn up for a boring meeting every month or so!
She went to the school and asked about it and was told not to worry, it was just a formality!
Far too many schools, having become Trusts and Academies are simply in total ignorance of their situation.