Education CommitteeWritten evidence submitted by the London Boroughs Asbestos Group, London Borough of Islington

Executive Summary

1. The following opinions are based on the experience of members of the London Borough’s Asbestos Group (LBAG), whose obvious focus is on the role of governors in this particular area of work.

2. LBAG brings together Asbestos Management representatives from London Boroughs and Housing Associations on a regular basis (three to four times a year) to discuss asbestos management issues, legislation, best practice, etc. Most of us have been in post for more than five years; the management of asbestos within in schools is an on-going challenge for Local Authorities (LA’s) and is discussed frequently in our meetings. LBAG is also represented on the Asbestos in Schools Group, where this review was brought to our attention.

3. Within Community Schools the LA is one of the Dutyholders and therefore the responsibility for managing asbestos is not placed on school governors, it is dealt with between the LA and individual headteachers. LA’s set the Asbestos Management Policy in Community Schools and also possess in-house H&S expertise to support, train and advise.

4. In our experience, even with LA support, governor’s awareness of asbestos management requirements is limited and training offered to governors is poorly attended.

5. Due to their role being voluntary and with the majority in full time work outside of education, we believe that it is unfair to expect governors to possess the expertise required and overall responsibility (especially in schools operating outside of Local Authority control). Certainly a two hour training course, if even attended would not cover all the legal requirements and practical application of asbestos management they would need to fulfil their role.

6. In our experience there is a significant lack of asbestos awareness and knowledge in schools outside of Local Authority control, including the legal requirements under the Control of Asbestos Regulations 2012. This has been established through services our members offer to these schools. This is a major concern.

7. We are also aware that independent schools cannot obtain insurance cover for incidents involving asbestos exposure; we believe this will prevent interested parties becoming governors if they understood the school/governing body themselves could potentially be held liable.

LBAG Opinions and Recommendations

The following summarises the points we would like to put forward to this review:

(i)We fully recognise and value the contribution of governors make to the running and management of schools, considering they are volunteers and not health and safety experts.

(ii)In general Governing Body members have very little awareness of asbestos management, legal responsibilities and the impact this has on their role as a governor.

(iii)Non-Local Authority schools governors receive no support; this needs to be addressed.

(iv)We recommend non-LA schools should be required to submit an annual status report summarising asbestos management objectives and achievements.

(v)On point 3, we are of the opinion that legal responsibility for asbestos management in non-LA schools should rest with Headteachers with the support of competent members of staff and external expertise.

(vi)If responsibilities are to be maintained at governing body level, training should be compulsory

January 2013