Appendix 3
Extract from further letter from the Clerk of
the Committee to the Department for Education and Skills
There is, additionally, one point which has arisen
as a result of closer examination of the responses to consultation,
on which a response would be appreciated. The National Governor's
Council (NGC) express concern in their response about the legal
implications of taking on liability for items which are the subject
of a considerable backlog of repairs. They point out that, from
the date of implementation of the Order, governing bodies will
take on not only financial responsibility, but also legal responsibility
under, for example, health and safety and landlord and tenant
legislation. Whilst the Department has made clear that the funding
for any such backlog of work will be made available, nevertheless,
as NGC point out, inevitably it will be some time before the work
can actually be carried out. It is conceivable, therefore, that
governing bodies could, in extremis, find themselves being sued
for damages as a result of a failure to undertake essential work
which ought to have been done whilst the item was the responsibility
of the LEA and which the governing body has not yet had time to
carry out. The situation could also apply conversely, where the
LEA finds itself having to ensure the undertaking of essential
work which was previously the responsibility of the governing
body. The Committee would be grateful for the Department's response
to NGC's concerns.
|
