The recently announced election may have schools wondering whether they will be used as a polling station and what this means for the school community.
Under the Representation of the People Act 1983 (Chapter 2, Schedule 1, Part III, paragraph 22) the returning officer has the right to request a room at a school as a polling station and schools cannot refuse this request.
The returning officer may only use maintained schools (including voluntary aided and voluntary controlled) or academies as polling stations free of charge. The returning officer does not have a right to use an Independent school site but may use it, subject to the agreement of the school.
Are schools entitled to be paid for the use of their premises as a polling station?
No, schools can only be reimbursed by the returning officer for a) damage done to the premises b) costs incurred as a result of the use of the premises (i.e., lighting and heating).
Must a school close when polling is occurring on site?
The school is not required to close – this is a decision that remains with the headteacher. However, it is worth noting that whilst the returning officer is responsible for the polling aspect, the school remains responsible for the safety and wellbeing of staff and pupils. There may be circumstances where it is possible for the school site to remain open for example if there is an unoccupied old teachers/caretaker’s house which can be used a polling station. As this may allow safeguarding requirements to be met even if the school remains open.
When deciding whether to keep the school open factors to consider include:
- The school layout and whether the pupils/voters can be safely separated including having separate entrances/exits.
- Whether the space being used for the polling would interrupt the pupils (i.e, if noise would pass through to the classrooms).
- Whether the closure the part of the school building may present accessibility issues for staff and pupils with disabilities.
What should a school do if they decide to close the school on election day?
Firstly, notify parents/carers as soon as possible about how this will impact their child. You will also need to liaise with any before and after-school club providers who will also not be able to remain open on the day. When liaising with parents it is important to reiterate the attendance requirements as some schools/local authorities have seen an increase in the number of pupils being absent on the Friday following an election.
For maintained schools (where possible and in accordance with LA guidance) the missed sessions should be made up to meet the 190 teaching days per year requirement. This may involve switching teaching and INSET days around. For academies there is no minimum number of teaching sessions per year it will therefore be for the academy to decide whether sessions should be made up.
It is advisable that schools begin to plan as soon as possible for the possibility that they may be used as a polling station even if they have not yet received a request from the Returning Officer.
LBMW has a specialist Education team which can provide practical guidance and assistance for Schools, MATs and Diocese. Please contact us for more information on how we can help.
For more information, please contact Howard Dellar (howard.dellar@lbmw.com), Ian Blaney (Ian.Blaney@lbmw.com) or Rebecca Martin (Rebecca.Martin@lbmw.com)