The DfE publishes Martyn’s Law guidance for education providers

A survey of key points to note from the DfE’s recent guidance on how Martyn’s Law will apply to education settings.

On 1 September 2025 the Department for Education (DfE) published guidance on how it anticipates the Terrorism (Protection of Premises) Act 2025 will affect education providers.  This article highlights key points from the DfE’s guidance.

The Terrorism (Protection of Premises) Act 2025 (the Act) became law on 3 April 2025.  It is commonly referred to as Martyn’s Law in honour of Martyn Hett, one of the 22 people who lost their lives in the 2017 terrorist attack on Manchester Arena.

For anyone interested in learning more about the background to the introduction of Martyn’s Law, Paul Price, a survivor of the Manchester Arena attack and trustee of the charity Survivors Against Terror which campaigned for the law, will be one of the keynote speakers at Wrigleys’ 34^th Annual Charity Governance Seminar on Wednesday 16 October 2025.

The Act will make individuals working at premises and events responsible for minimising the impact of a terrorist attack and is intended to improve protective security and organisational preparedness across the UK.  Education settings fall within the scope of the Act.

Although the Act was passed on 3 April 2025, the government has indicated that it intends for there to be an implementation period of at least 24 months before its provisions come into force. The purpose of this implementation period is to allow those responsible for premises and events to have sufficient time to understand their new obligations under the Act, and to plan and prepare accordingly.

The Act provides for a tiered approach (a ‘standard tier’ and an ‘enhanced tier’) based on the number of people expected to be present at premises or events at the same time.

In general:

• standard tier requirements will apply to premises and events with an expected capacity of 200 to 799 individuals; and

• enhanced tier requirements will apply to premises and events with a capacity of 799 or more individuals.

Special provision is made, however, for some education settings.  Specifically:

• Early years, primary, secondary and further education settings will be in the standard tier, regardless of their capacity.

• DfE-funded independent training providers will be in the standard tier, even if their capacity is 800 or over.

For higher education establishments and privately owned independent training providers the general position will apply, with the applicable tier being determined by their expected capacity.

Settings with a capacity of below 200 are not within the scope of the Act, but are encouraged by the DfE to have preparedness plans in place for the safety of their learners and staff.

When the provisions of the Act come into force, all settings within the scope of the Act will need to have appropriate procedures in place, including procedures for:

• evacuation (to get people out of the building)

• invacuation (moving people to a safe place)

• lockdown (to secure the premises against attackers)

• communication

There is no requirement to put physical security measures in place.

Settings will also need to appoint a responsible person and notify the Security Industry Authority (SIA), the specified regulator under the Act, of the appointment.

For primary and secondary education, further education, and higher education settings the responsible person is a body or institution, as set out in Schedule 1 of the Act. This is, for example, the local authority or the relevant proprietor or governing body, as opposed to a designated individual such as a safeguarding lead or headteacher within the institution.

In addition, enhanced tier education settings will need a designated senior individual (DSI) in addition to a setting’s responsible person.  The DSI will need to document their compliance by recording information such as public protection procedures, how to remedy or mitigate risks, and how these measures reduce vulnerabilities or risks of terror attacks.

Throughout the implementation period, the DfE, in coordination with National Counter Terrorism Security Office and the Home Office, will be seeking to assist education providers in understanding and complying with their obligations under the Act through, amongst other things, the provision of:

• lunch and learn webinars;

• guidance and factsheets; and

• education sector updates.

The government intends to issue statutory guidance on compliance with the Act in due course. This guidance will be subject to stakeholder consultation prior to publication.

The full DfE guidance can be found at:

https://www.gov.uk/government/publications/martyns-law-for-education-settings/how-martyns-law-will-affect-education-settings

Further information on Martyn’s Law as it applies to academies can be found in our article from June 2025, ‘Martyn’s Law: What academy trusts need to know’.

You can also keep up to date by following Wrigleys Solicitors on LinkedIn.

The information in this article is necessarily of a general nature. The law stated is correct at the date (stated above) this article was first posted to our website.

Specific advice should be sought for specific situations. If you have any queries or need any legal advice please feel free to contact Wrigleys Solicitors.