NASUWT Representatives

www.nasuwt.org.uk31AssaultsThe NASUWT has a long record of protecting members againstassaults at work. Any assault against a member should bereported immediately to the Local Association Secretary. Underhealth and safety law, all schools should have a policy onprotecting staff against violence at work.lllllllAny member suffering an assault should ensure that thedetails of the incident are recorded in the school accidentbook. Any assault causing serious injury leading to absencefrom work for more than three days must be reported to theHealth and Safety Executive (HSE) in accordance with theReporting of Injuries, Diseases and Dangerous OccurrencesRegulations 1995 (RIDDOR).The member should obtain a copy of form BI100A fromwww.direct.gov.uk or the appropriate Regional BenefitCentre. The return of sections 1-7 of this form registers theinjury as work-related and will assist any subsequent claimfor Industrial Injuries Disablement Benefit.The employer should report the assault to the police. If theemployer refuses to do this, then the member should makesuch a report himself/herself within 48 hours of the incidenttaking place, where possible, and the Local AssociationSecretary should be informed.If the Crown Prosecution Service decides not to act againstthe assailant, then, through the Local Association Secretary,the employer should be urged to instigate a privateprosecution. In case of the employer refusing, the LocalAssociation Secretary will refer the case to the Legal andCasework Team at NASUWT Headquarters for assessment.The Union may support a private prosecution if there arereasonable prospects for bringing such an action to asuccessful conclusion and if it is deemed that proceedingsthrough the courts would contribute to the process ofsafeguarding teachers against assault. Members need to beaware that the viability or otherwise of bringing a privateprosecution will be largely determined by the age of theassailant and the possibility of demonstrating intent if s/he isa minor.In appropriate circumstances, it may be possible to seekcompensation from the Criminal Injuries CompensationAuthority (CICA). It is normally necessary for the assault tohave been reported to the police. A claim must be madewithin two years of the date of the assault.If the attacker is a pupil, the NASUWT Representative shouldpress for the permanent exclusion of the offender. If this isrefused, then, through the Local Association Secretary, theNational Executive Member should be informed. In theFurther Information• A Guide to RiskAssessment ofViolent and AbusiveBehaviour: A guidefor NASUWTRepresentatives(NASUWT)• BehaviourManagement Pack(NASUWT)• Pupil BehaviourPosition Statement(NASUWT)• Violence – Healthand Safety at Workleaflet (NASUWT)• Enough is EnoughCD-ROM (NASUWT)• Violence in theeducation sector(HSE)www.hsebooks.com• RIDDOR 1995 www.hse.gov.uk/riddor• Form BI100Awww.direct.gov.ukFor advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive