Created: 7th November, 2024
Robert joined Barker in 2002 and is a Partner based in our Braintree office. A Fellow of the Royal Institution of Chartered Surveyors, he has over 20 years’ experience of all core building surveying services and provides strategic estates advice to key accounts in the education, commercial, ecclesiastical and public sectors.
An education specialist, he provides the following services: estates and energy strategy, asset management planning, project management and capital funding applications.
Robert works closely with clients to plan and implement energy efficiency and sustainability strategies to save money, reduce carbon emissions and meet ESG objectives.
As a RICS Certified Historic Buildings Professional he provides conservation consultancy for clients with listed and historic buildings.
Robert is an experienced APC Assessor and Chairman and is also an external examiner for Anglia Ruskin University
As a Partner Robert leads the Business Development and Marketing function at Barker, builds relationships with key sector bodies and helps steer the strategic growth of the company.
Email: rgould@barker-associates.co.uk
Tel: 01279 648057
The DfE have published updated guidance for schools and colleges on the management of asbestos.
Firstly, it is important to clarify that there are no changes to existing legislation or statutory duties.
Asbestos in schools is regulated by The Health and Safety Executive (HSE) and the principal legislation in this area remains The Control of Asbestos Regulations 2012.
The new guidance now includes links to resources such as templates, and tools. Its format has also been changed to make it easier to access, following feedback from the sector.
The Asbestos Management Assurance Process (AMAP), which had required all schools and responsible bodies to volunteer information on their asbestos management practices, closed in 2021. Information on asbestos management is now being collected as part of the DfE’s Condition Data Collection 2 (CDC2) programme. From 2021, CDC2 is visiting all government-funded schools in England to ask them to confirm the plans that they have in place for the effective management of asbestos.
Following several surveys and inspection programmes HSE have acknowledged in the last few years that there is evidence of higher rates of the asbestos cancer, mesothelioma, in teachers, noting;
“proportional mortality ratios are somewhat higher for teachers and administrative occupations than those for nurses, sales occupations and process operatives, and this may suggest the potential for asbestos exposure during work time was somewhat higher in these jobs…”
This follows a DfE survey in 2019 which showed that around four in five schools contain asbestos and almost 20% of schools are not managing asbestos “in line” with government guidance.
Following these surveys HSE embarked on a programme of inspections to ensure compliance with the regulations and raise awareness of asbestos in schools.
You and your organisation should already be complying with the law, principally The Control of Asbestos Regulations 2012. The regulations place duties on those with responsibility for the maintenance of work premises, including schools, to manage the risk from asbestos. For the majority of schools, this will be the employer. Who the employer is varies with the type of school. For community schools, community special schools, voluntary-controlled schools, maintained nursery schools and pupil referral units, the employer is the local authority. For academies and free schools it will be the Academy Trust and for voluntary-aided and foundation schools, it will be the school governors. For independent schools, it may be the proprietor, governors or trustees.
You should review your current arrangements for managing asbestos. Specifically ensuring that you are complying with your duties in The Control of Asbestos Regulations 2012.
The HSE have produced a Checklist for Schools to identify the key requirements. These can be summarised as;
As context, there appears to be a trend toward self-declaration of compliance versus externally monitored assurance but at the same time DfE is reinforcing the importance of statutory compliance and good estate management for responsible bodies. This is evidenced by recent inclusion of the “effective estates management” in the Academies Handbook as one of the areas where the DFE can issue a “notice to improve”.
Further advice
Barker have recorded a webinar on asbestos management in schools which expands on the above requirements. You can view the recording below.
Barker can offer advice and training to organisations wanting help with the management of asbestos.
Remember, compliance with asbestos regulations is not only a legal requirement but also a moral responsibility that should never be overlooked. If you suspect or need assistance in managing asbestos in your school or college building, consult with qualified professionals to ensure the safety of everyone involved.
HSE – Managing asbestos in schools – Frequently asked questions
HSE – Managing asbestos in buildings: A brief guide