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The governing body of a maintained school has general responsibility for conduct of the school, but the decision to open, partially open or close a school during industrial action is an operational one and therefore falls to the head teacher.
For Academies, the Academy Trust has overall responsibility for running the school but in practice the decision to open, partially open or close a school may be delegated to the headteacher. It is best practice for heads to consult parents and governors before making a decision.
Headteachers would be expected to ask staff in advance if they intend to strike to enable them to make an informed decision and plan how to manage the strike. The Health and Safety at Work Act 1974 provides that the employer in a school must take reasonable steps to ensure that staff and pupils are not exposed to risks to their health and safety. The DfE has recently issued simplified and clearer guidance about health and safety. Headteachers and Academy Trusts should take account of this guidance in considering how to manage any risks in the arrangements they make to keep schools open.
