The Terrorism (Protection of Premises) Act 2025 is now law and schools and other educational organisations should consider the implications on their settings. The legislation reflects the fact that the national threat level from terrorism is currently “substantial” meaning an attack is likely.
The Act requires certain premises and events to ensure steps have been taken to prepare for potential terrorist attacks. The Act seeks to provide consistency about the levels of protection.
The legislation applies only in relation to certain premises known as “qualifying public premises”. These would be premises who have a capacity of 200 or more individuals and are used for a range of purposes including places of worship, education and childcare. Please note that this is the capacity rather than the actual number of people attending. For the purposes of this note reference to Schools should be read to include Multi-Academy Trusts, maintained schools, and independent schools.
There are two tiers of premises under the Act: standard and enhanced tier.
Who is responsible (legally) for compliance with the Act?
For maintained schools the obligation for compliance is with the governing body of the school.
For an independent school it is the proprietor.
For an academy it is the trustees of the Multi Academy Trust.
For a pupil referral unit it is the Local Authority.
What are the obligations for a school with a capacity of less than 200 individuals?
Where a school has a capacity of less than 200 individuals they will not be caught within the scope of the new Act. Please note that the capacity of 200 individuals is not 200 pupils but all the individuals in the school.
What are the obligations for a school with a capacity of 200-799 individuals?
- identify a Responsible Person, typically the headteacher or principal;
- so far as reasonably practicable, ensure that “public protection procedures” are in place; and
- register with the Security Industry Authority (SIA) (the regulator).
What are the obligations with a capacity of 800 or more individuals?
Usually this would bring a venue into the enhanced duty tier, but for schools they will continue to be in the standard tier.[1] This is because there is a special “carve out” for schools. Similar carve outs apply to childcare settings, places of worship and higher education settings.
Where a setting is within the “standard tier” what will be required of the setting?
The Responsible Person must, so far as reasonably practicable, ensure that appropriate public protection procedures are in place.
What are the required “public protection procedures”?
The Act defines public protection procedures as procedures to be followed by individuals working on the premises if there is reason to suspect that an act of terrorism is occurring or is about to occur on the premises or in the immediate vicinity.
The procedures will relate to:
- evacuation of individuals from the premises;
- moving individuals to place on the premises where is less risk of physical harm being caused to them;
- preventing individuals from entering or leaving the premises; and
- providing information to individuals on the premises.
When do schools need to be compliant with the Act?
The Act received royal assent on the 3 April 2025, but the implementation period is for at least 24 months. Schools should be prepared to be compliant by April 2027.
How will the Act be enforced?
The Security Industry Authority (SIA) will provide the regulatory functions set out in the Act. They will be responsible for investigating and enforcing compliance – they will also have the power to issue penalties to those who fail to fulfil the requirements and to place restrictions on enhanced duty premises and qualifying events in the most serious cases.
DfE have published non statutory guidance “Protective security and preparedness for education settings” which schools, MATs and other proprietors should consult.
LBMW has a specialist Education team which can provide practical guidance and assistance for Education on their compliance obligations. Please contact us for more information on how we can help.
For more information please contact Howard Dellar (Howard.dellar@lbmw.com) or Rebecca Martin (Rebecca.Martin@lbmw.com)
1] Schedule 1, section 14 (3)(b).