New Department for Education guidance published 3 November 2026
The Department for Education has published new guidance explaining how the Terrorism (Protection of Premises) Act 2025, commonly known as Martyn's Law, applies to education and childcare settings in England.
For schools, colleges, childcare providers and independent training providers, this is an important opportunity to examine organisational preparedness, emergency arrangements and leadership accountability but there is an important distinction to make from the outset.
Martyn's Law has received Royal Assent, but its substantive operational requirements are not yet in force.
The new guidance is intended to help organisations understand their future responsibilities and prepare for implementation.
At RLB Safeguarding, we believe this is about much more than introducing another policy. It is about ensuring that organisations understand their risks, know who is accountable and can respond effectively when an emergency occurs.
What Is Martyn's Law?
The Terrorism (Protection of Premises) Act 2025 was introduced to strengthen public protection and preparedness for terrorist attacks.
It is named in memory of Martyn Hett, who was killed in the Manchester Arena attack in 2017.
The legislation introduces requirements for qualifying premises and events, including arrangements to reduce the risk of physical harm if an attack occurs.
The Security Industry Authority (SIA) will be the regulator responsible for overseeing compliance.
The Act is not exclusively safeguarding legislation, but it has important implications for organisational safety, governance and the protection of children, young people, staff and visitors.
Which Education Settings Are Covered?
The Act generally applies to qualifying premises where 200 or more people may reasonably be expected to be present at the same time, provided the other statutory conditions are met.
The assessment considers people such as pupils, learners, employees, volunteers and visitors.
It is important not to confuse the number reasonably expected to be present with the building's theoretical maximum capacity.
Education also has specific arrangements under the legislation.
Qualifying childcare premises, schools and certain further education settings fall within the standard tier even where 800 or more people may reasonably be expected.
This is particularly relevant because other types of qualifying premises may fall within the enhanced tier at the higher threshold.
However, not every education or training organisation is treated identically.
Independent training providers, further education colleges, universities and premises hosting additional activities should carefully examine the relevant definitions, funding arrangements and circumstances.
Organisations should avoid assuming that the same requirements automatically apply across every site they operate.
What Does the Standard Tier Require?
When the relevant provisions come into force, the responsible person for qualifying standard-tier premises will be required to notify the SIA and ensure, so far as reasonably practicable, that appropriate public protection procedures are in place.
These procedures concern four important areas.
Evacuation- How people can safely leave the premises or relevant areas when necessary.
Invacuation- How people can be moved into, or remain within, a safer area of the premises.
Lockdown- How access to, or movement within, the premises can be restricted where appropriate to protect people.
Communication- How people on the premises can be informed about what is happening and what action they should take.
These arrangements should be proportionate to the setting and the circumstances.
Importantly, the legislation does not require every standard-tier premises to introduce expensive security infrastructure or employ specialist security personnel.
The emphasis is on appropriate, reasonably practicable procedures and ensuring that relevant people understand how to implement them.
Who Is Responsible?
One of the most important considerations is understanding who the legislation identifies as the responsible person.
For education and childcare settings, this may involve a governing body, academy trust, registered provider or local authority, depending on the circumstances.
The responsible person is determined by the legislation.
Although tasks can be allocated to appropriate employees or specialists, the legal responsibility cannot simply be transferred to a designated safeguarding lead, facilities manager or other individual.
This makes leadership oversight particularly important.
Governing bodies, trustees and senior leaders should understand their organisation's position, who is responsible and how they will obtain assurance that appropriate arrangements are in place.
What About Events Held on Education Premises?
Education providers frequently host activities beyond their normal teaching and learning arrangements.
These may include performances, community events, conferences, sporting activities, exhibitions and external lettings.
Organisations should not assume that every activity taking place on school or college premises will automatically be covered by the same education-specific arrangements.
The nature of the event, use of the premises, expected attendance and the relevant legal definitions may affect how the legislation applies.
Where premises are used by multiple organisations, clarity about responsibilities and coordination will be particularly important.
This is also relevant to event organisers and venue operators who work with educational institutions.
Why Does This Matter for Safeguarding Leaders?
Although Martyn's Law has its own legal framework, there are clear connections with safeguarding governance and organisational preparedness.
Consider the following questions.
Do our procedures work in practice?
An emergency plan is only useful if those expected to implement it understand their roles and can respond effectively.
Have we considered individual needs?
Emergency planning should consider children, adults and visitors who may need additional support, including people with disabilities, communication needs or other vulnerabilities.
Are responsibilities clear?
Staff need to understand who makes decisions, how concerns are escalated and how emergency instructions will be communicated.
Have we considered the wider organisation?
Arrangements should account for contractors, visitors, external organisations and different activities taking place on site.
How do we know our arrangements are effective?
Leaders should be able to demonstrate that procedures have been considered, communicated and reviewed appropriately.
These are not simply questions about statutory compliance. They are questions about organisational readiness and the safety of the people using our services.
Five Practical Steps Organisations Can Take Now
1. Establish whether your premises are likely to fall within scope
Review the relevant legal definitions, expected attendance and the activities taking place across your sites.
2. Identify the legally responsible person
Ensure senior leaders and governing bodies understand who holds responsibility and how operational tasks will be managed.
3. Review existing emergency procedures
Consider evacuation, invacuation, lockdown and communication arrangements, including how they would operate in different circumstances.
4. Consider the people who may need additional support
Review how emergency procedures accommodate children, people with disabilities, individuals with communication needs and others who may require assistance.
5. Establish an implementation plan
Identify any gaps, assign appropriate actions and monitor official guidance as the commencement arrangements are confirmed.
The objective should be proportionate, informed preparation rather than unnecessary expenditure or rushed policy changes.
When Will Martyn's Law Come Into Force?
The Act received Royal Assent in April 2025.
The government indicated that there would be an implementation period of at least 24 months before the substantive requirements came into force.
Organisations should therefore monitor official commencement announcements and guidance rather than treating the publication of the DfE explainer as the date on which the new duties began.
Existing legal obligations and emergency planning responsibilities continue to apply in the meantime.
Moving Beyond Compliance
The introduction of Martyn's Law provides an important opportunity for organisations to consider how effectively their emergency arrangements operate.
For safeguarding leaders, this means looking beyond the existence of a written policy.
Do staff understand their responsibilities? Are procedures realistic? Have individual needs been considered? Is accountability clear? Can senior leaders demonstrate effective oversight?
Preparedness is not simply about having a plan. It is about ensuring that people know how to respond when that plan is needed.
At RLB Safeguarding, we support organisations across education, charities, health, housing and events to strengthen safeguarding governance, organisational assurance and professional practice.
Our approach focuses on understanding risk, strengthening accountability and helping organisations move beyond compliance towards safer cultures.
Sources and Further Reading
This article provides a general overview of the legislation and DfE guidance. Organisations should assess their individual circumstances and refer to the legislation and current official guidance.