A SNAPSHOT OF CLIENT QUERIES

We’ve picked a few of the most interesting questions we’ve dealt with since our last issue, which may be useful if you ever find yourself in a similar situation at your school.

Query: Please could you let me know the legislation behind the following protocol: When an ambulance is called to school for an emergency (eg broken leg or dislocated knee) and there is a delay in them arriving. The parents arrive before the ambulance and they want to take their child to hospital. Where do we stand with regards to allowing them to do this, please?

The government guidance Supporting pupils at school with medical conditions guidance states:

If a child needs to be taken to hospital, staff should stay with the child until the parent arrives, or accompany a child taken to hospital by ambulance. Schools need to ensure they understand the local emergency services’ cover arrangements and that the correct information is provided for navigation systems.

The general NHS guidance is:

If you think you or someone else has broken their leg, go immediately to your nearest accident and emergency (A&E) department. Call 999 for an ambulance if the injury seems severe or you're not able to get to A&E quickly.

Both these official responses point to the fact that in the event of an emergency, unless there is a risk of loss of life, private transport may be quicker option.

There is much to consider before installing a CCTV system. For a domestic setting a ring doorbell may be ideal, but will it be suitable for your needs? Will it cover a large enough area (in sufficient detail) to be useful.

As CCTV is now a standard feature in schools, governors and school leaders must ensure its use complies with legal requirements and established codes of practice. This is essential to address concerns from those who remain sceptical about its deployment.

The use of CCTV and other surveillance systems in schools must comply with the Protection of Freedoms Act 2012 and the General Data Protection Regulation (GDPR), which provide the statutory framework for handling and processing captured data.

CCTV can be justified if its primary purpose is to ensure the safety of pupils, staff, and visitors, as well as to protect school property. However, its use should be part of a broader security strategy, and alternatives such as improved lighting should also be considered.

Clear and visible signage should be displayed near cameras and at school entrances. The signage must:

• Inform individuals that CCTV is in operation

• Specify the purpose of the surveillance

• Provide contact details of the organization operating the system

Signage should only indicate active cameras and must not create the false impression of surveillance where none exists.

It is best practice to inform pupils, parents, and staff about CCTV deployment. Schools should update their privacy notice to reflect CCTV use, as failure to do so may be considered a breach of the Human Rights Act and GDPR.

When installing CCTV, schools should consider:

• The intended benefits

• Alternative security solutions

• Potential privacy risks

• Mitigation measures for identified risks

Additionally, schools are legally required to notify the Information Commissioner's Office (ICO) of their CCTV installation and its purpose.

Schools may use CCTV for purposes such as:

• Controlling access to the premises

• Monitoring security and site management (e.g., parking, deliveries)

• Observing less frequently visited areas

• Deterring anti-social behavior and trespassing

• Supporting searches for banned or illegal items, in line with the school’s behavior policy

Some guidance suggests CCTV could be used for general observation of students and staff, but the National Association of Head Teachers (NAHT) advises caution. Any such use must be justifiable (e.g., preventing accidents on staircases).

CCTV footage may contain sensitive information and must be managed carefully to prevent unauthorized access or misuse. Schools should:

• Store footage on an encrypted system

• Restrict access to trained personnel only

• Maintain a log of training for compliance purposes

Query: We have accidentally disturbed a habitat of hibernating Great-Creasted Newts - what should we do!

Great crested newts have protected status through UK and European legislation and must be considered as part of the planning application process.

Ponds are critical to great crested newts for breeding. Whilst on land, great crested newts are also dependent upon other habitats such as woodland, hedgerows, rough grassland and scrub.

They are generally found within 500m of ponds, although may travel further than this.

Unless it can be demonstrated that there is no risk of impacts on great crested newts or their habitats, you may need a licence to carry out development work where the species is present.

You can get a licence by:

• Applying directly to Natural England

• Joining the District Licence Scheme authorised by Cotswold District Council

• The District Licensing Route

What you must not do

• Things that would cause you to break the law include:

• capturing, killing, disturbing or injuring great crested newts deliberately

• damaging or destroying a breeding or resting place

• obstructing access to their resting or sheltering places (deliberately or by not taking enough care)

• possessing, selling, controlling or transporting live or dead newts, or parts of them

• taking great crested newt eggs

You could get an unlimited fine and up to 6 months in prison for each offence if you’re found guilty.

A development can be authorised under our great crested newt district licence (approved by Natural England). The applicant does not necessarily need to obtain any great crested newt surveys and would be licensed (with certain obligations) to start works without applying for a separate licence from Natural England. If great crested newts are found during works, they can be moved out of harm’s way (to best practice mitigation principles) without having to stop works and apply for a Natural England licence.

The scheme is voluntary and is delivered on our behalf by NatureSpace and The Newt Conservation Partnership.

The applicant should contact NatureSpace who will carry out a free, up- front assessment to determine eligibility and all associated costs, timing and mitigation requirements. You can also call them on 01865 688307 or email: info@naturespaceuk.com.

Query: We are looking at a cheap CCTV option for one of our school for the main gates. The school want to install a ring doorbell type system but I am not sure how thus stands from a GDPR/DP or Safeguarding perspective?