In brief
This article follows on from our overview of Martyn's Law, the Terrorism (Protection of Premises) Act 2025 (the Act), and should be read alongside it. It focuses on how the Act applies specifically to early years, schools, and further education settings. A separate article will consider the implications of this legislation for higher education settings and universities.
- Early years, primary, secondary and further education premises that can reasonably expect 200 or more individuals to be present at the same time are always treated as standard tier under the Act's special consideration, while higher education settings are not and follow the statutory thresholds.
- The Responsible Person is generally the governing body or proprietor, and for academy trusts the trust board is the Responsible Person across all its sites. Each site requires its own site-specific procedures.
- To avoid being caught out, Education settings should be aware of the special implications for them when hiring external venues for events, or when hiring out their own facilities to external parties.
The special consideration for education settings
Schedule 1 of the Act lists the qualifying uses for premises and this includes education settings across all levels from nursery care to universities.
For all early years, primary, secondary, and further education settings (Qualifying Settings), a significant distinction applies: premises wholly or mainly used for those purposes are always treated as standard tier premises, regardless of how many people (over the 200 person lower limit) are present. This is so whether the school is DfE-funded, charitable, fee-charging, or otherwise privately run. Publicly-funded independent training providers also fall under this special consideration, but privately owned independent training providers do not.
Higher education settings (including universities) are treated differently and do not benefit from the special consideration. They will fall within the standard tier if 200 to 799 individuals can reasonably be expected to be present at the same time, and within the enhanced tier if that figure is 800 or more.
Settings where fewer than 200 individuals can reasonably be expected to be present are out of scope, but falling below this threshold should be verified rather than assumed and all settings are nonetheless encouraged to have plans in place for the safety of their learners and staff.
Standard tier obligations for education settings
Qualifying Settings must identify and notify the Security Industry Authority (SIA) of their Responsible Person. For most education settings, the Responsible Person is the governing body of the institution or, where there is no governing body, the proprietor. For academy trusts operating across multiple sites, the trust board is the Responsible Person across every site.
There will be additional considerations for some groups: for example, proprietors or governing/trustee bodies of MATs, academy chains, and early years groups could be the Responsible Person across multiple sites and must develop site-specific procedures for each, as a single group-wide template will not satisfy the Act.
Events and venues
When a Qualifying Setting provider runs an event at a third-party venue, responsibility under the Act rests primarily with the venue operator who controls the premises. The institution is the hirer, not the Responsible Person. Even so, it is advisable to treat Martyn's Law compliance as a standard due diligence question when identifying and booking venues.
Furthermore, where Qualifying Settings hire out their premises for external events, the position and duties of the Responsible Person are not transferred to the hirer. Responsibility for procedures stays with the setting, though the hire contract can specify what the hirer is expected to deliver, provided the setting maintains oversight. Crucially, an event at premises used for early years, primary, secondary or further education cannot be a qualifying event under the Act, so even if an external organiser expects over 800 attendees on school grounds, the setting does not become enhanced tier premises. This distinction could make educational institutions stand out to those looking to hire venues.
An education in regulation
Education providers are already familiar with inspectors knocking on the door and may now also receive visits or enquiries from the SIA as it builds out its new regulatory role, as described in our general overview. The practical implications for Qualifying Settings are limited to the standard tier penalty regime, since they all fall within that tier under the special consideration described above.
As noted in our overview of Martyn's Law, the SIA has new responsibilities and powers under this legislation so it remains to be seen how well the SIA's experience translates into regulatory activity, but the SIA has stated it intends to take a 'support first' approach, focusing on guidance and compliance before resorting to formal enforcement.
The department for education's role
Alongside the Home Office's statutory guidance, the Department for Education published its own policy paper, 'How Martyn's Law will affect education settings', first issued in September 2025, which sets out how the Act applies to education providers. The DfE is also working with the National Counter Terrorism Security Office and the Home Office to support the sector throughout the implementation period, including through lunch-and-learn webinars, information sheets, and resources for good security practice.
The DfE has made clear that educational providers are not expected to wait for commencement to begin preparing and has published guidance on protective security and preparedness for education settings, encouraging all settings to have preparedness plans in place for the safety of their learners and staff.
Preparing for commencement
Education providers should treat this as an extension of their existing safeguarding and emergency planning obligations. The DfE has published guidance on protective security and preparedness for education settings, and much of the groundwork required under the Act will already be familiar to settings that have been following existing requirements. Providers should be mindful that the special consideration does not reduce the standard of procedures required at larger or more complex sites.
Parents and carers will want to see protections in place for their child and will expect to see this at the top of the agenda for school governors, trustees, and management committees.
How Mishcon de Reya can help
Our Education and Health and Safety teams can advise education settings on preparing for Martyn's Law ahead of the Act coming into force in April 2027. We can help your institution assess where it sits under the Act's special consideration, put compliant procedures in place, and ensure your approach aligns with existing safeguarding and emergency planning obligations.