Compliance for UK schools
Legionella Risk Assessments for Schools
A legionella risk assessment identifies where in a school's water systems legionella bacteria could grow and spread, and decides what controls are needed to keep the risk under control. It is the foundation of legionella compliance: the Health and Safety at Work etc. Act 1974 and the Control of Substances Hazardous to Health Regulations 2002 require employers to assess and control this risk, and the HSE's Approved Code of Practice L8 sets out how. This guide covers the legal duty, appointing a responsible person, the written scheme of control, what makes a school water system higher risk, and when the assessment must be reviewed. The day-to-day monitoring that implements the scheme - temperature checks, flushing, and record keeping - is covered on our water hygiene monitoring guide.
What is a legionella risk assessment, and is it a legal requirement?
A legionella risk assessment is a competent evaluation of a building's water systems to identify the conditions that could allow legionella bacteria to colonise and be dispersed in breathable droplets - for example stagnation, water held between 20°C and 45°C, scale and biofilm, dead legs, and infrequently used outlets. It considers hot and cold water systems, storage tanks, calorifiers, showers, spray taps, and any other aerosol-generating source, and it sets out the control measures needed. Assessing and controlling this risk is a legal requirement: under the Health and Safety at Work etc. Act 1974 and the COSHH Regulations 2002, employers must assess the risk from legionella and put controls in place. The HSE Approved Code of Practice L8 carries special legal standing - following it is one way to show compliance, and a court can take a failure to follow it as evidence of a breach. The risk assessment is the document that everything else - the written scheme, the monitoring, the review - is built on.
Sources: Health and Safety at Work etc. Act 1974; COSHH Regulations 2002; HSE ACOP L8
Who is responsible in a school or trust?
- •The duty holder is the employer and person in control of the premises. In an academy trust this is the trust; in a maintained school it is typically the local authority or governing body depending on type.
- •The duty holder must appoint a competent "responsible person" to take day-to-day charge of managing the legionella risk. In a school this is often a site manager, estates lead, or a member of the central estates team, and their role and authority should be documented.
- •The risk assessment itself should be carried out by someone competent to do so. Most trusts commission a specialist water hygiene consultant for the assessment, because it requires knowledge of water systems and of L8/HSG274.
- •Delegating the practical tasks - or using a contractor - does not transfer the legal duty. The duty holder remains accountable for ensuring a suitable assessment exists, that controls are implemented, and that the responsible person is competent and supported.
Sources: HSE ACOP L8
The written scheme of control
- •Where a risk assessment identifies a risk that needs managing, the duty holder must prepare a written scheme of control - the plan for how the risk will be prevented or controlled and kept under control.
- •The scheme should describe the water system (ideally with an up-to-date schematic), the control measures to be applied, the checks and monitoring required and how often, the temperatures and other parameters to be achieved, and the action to take when a result is out of range.
- •It should name who does what - separating the duty holder, the responsible person, site staff who carry out routine checks, and the specialist contractor - so accountability is clear.
- •The scheme is the bridge between the assessment and everyday operation: the assessment says what the risks are, the scheme says how they will be controlled, and the monitoring records show it is actually happening. Keeping the scheme current as the building and water system change is part of the duty.
Sources: HSE ACOP L8; HSE HSG274, Part 2: hot and cold water systems
What makes a school water system higher risk
- •Long periods of low or no occupancy: school holidays - especially the summer break - leave outlets unused and water stagnant, which is why pre-reoccupation flushing matters so much in schools.
- •Large, extended, and much-altered pipework: older sites, phased extensions, and decommissioned areas create dead legs and blind ends where water sits.
- •Aerosol-generating and infrequently used outlets: showers in changing rooms and PE blocks, spray taps, and taps in seldom-used cloakrooms or seasonal facilities.
- •Stored and tepid water: cold water storage tanks that warm up, calorifiers not reaching temperature, and pipework runs that let cold water drift above 20°C or hot water fall below the target range.
- •Vulnerable occupants: while most healthy children and adults are at low individual risk, some pupils and staff may be more susceptible, which reinforces the need to control the risk rather than tolerate it.
When must the assessment be reviewed?
- •There is no single fixed statutory interval. L8 requires the assessment to be reviewed regularly and whenever there is reason to believe it is no longer valid.
- •As good practice, many schools and trusts review the assessment at least every two years so it does not silently drift out of date between changes.
- •A review is triggered by change: alterations to the water system or plant, new or decommissioned outlets or buildings, a change in how the building is used, or monitoring results that suggest the controls are not working.
- •A suspected or confirmed case of legionnaires' disease associated with the premises, or a significant control failure, should prompt an immediate review.
Sources: HSE ACOP L8; HSE HSG274, Part 2: hot and cold water systems
Evidence a school or trust should keep
- •The current legionella risk assessment, normally from a water hygiene consultant, with the date it was carried out and the next review date.
- •The written scheme of control, reflecting the current building and water system.
- •A record of who the appointed responsible person is, and evidence of their competence or training.
- •An up-to-date schematic or asset list of the water system the scheme relies on.
- •Records that the control measures and monitoring in the scheme are being carried out - held in detail on the operational monitoring records (see water hygiene monitoring).
- •Records of remedial work arising from the assessment - dead-leg removal, tank cleaning, TMV servicing, dosing - tracked through to completion.
Frequently asked questions
- Is a legionella risk assessment a legal requirement for schools?
- Yes, in effect. The Health and Safety at Work etc. Act 1974 and the COSHH Regulations 2002 require employers to assess and control the risk from legionella, and the HSE Approved Code of Practice L8 sets out how. A suitable and sufficient risk assessment is the recognised way to meet that duty, and it applies to every school as a workplace.
- Who is the responsible person for legionella in an academy trust?
- The duty holder is the trust as employer. The trust must appoint a competent "responsible person" to take day-to-day charge of managing the risk - often a site manager or estates lead. Appointing someone does not transfer the legal duty, which remains with the trust.
- How often should a school review its legionella risk assessment?
- There is no fixed statutory interval. L8 requires review regularly and whenever there is reason to believe the assessment is no longer valid. Many schools review at least every two years as good practice, and sooner after changes to the water system, the building, or its use, or after a control failure or suspected case.
- What is the difference between the legionella risk assessment and water hygiene monitoring?
- The risk assessment is a point-in-time evaluation that identifies the hazards and decides what controls are needed. Water hygiene monitoring is the ongoing routine - temperature checks, flushing, and record keeping - that implements those controls day to day. You need both: an assessment with no monitoring, or monitoring with no current assessment, is a compliance gap.
- What is a written scheme of control?
- It is the plan, required where a risk needs managing, for how the legionella risk will be controlled and kept under control. It describes the water system, the control measures, the monitoring required and how often, the parameters to achieve, and the action to take when results are out of range - and it names who is responsible for each part.
- Do schools need to sample water for legionella?
- Routine sampling is not always required. Whether to sample is a decision that flows from the risk assessment and the control regime; it may be recommended where control is difficult to demonstrate, where temperatures cannot reliably be achieved, or in response to an incident. Consistent temperature control and monitoring are usually the primary controls, not sampling.
How EduComply helps manage this at scale
Recommended operational practice for managing this across a trust - not a statutory requirement in itself.
- •Risk assessment reports are forwarded by email or uploaded. EduComply extracts key dates, the findings, and the next review date, and updates each school's compliance record.
- •A trust-wide view shows legionella risk-assessment status for every school: current, approaching review, overdue, or missing.
- •Remedial actions arising from the assessment are tracked as tasks with owners, priorities, and deadlines, so they are closed out rather than lost.
- •Alerts prompt the responsible person before a risk-assessment review falls due.
- •The risk assessment, the written scheme of control, and the operational monitoring evidence are stored together against each school for a complete picture.
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Sources and guidance
The references below distinguish what the law requires from official guidance, recognised technical standards, and EduComply’s recommended operational practice. Always work from the current version of a source.
- Legislation· Legal requirement
- Approved Code of Practice· Statutory code with special legal standing
- Official guidance· Regulator / government guidance
- LegislationHealth and Safety at Work etc. Act 1974
UK Public General Act 1974 c. 37
UK Statutory Instrument 2002 No. 2677
- Approved Code of PracticeLegionnaires’ disease: The control of legionella bacteria in water systems (L8)
Health and Safety Executive: Approved Code of Practice and guidance
- Official guidanceLegionnaires’ disease: Technical guidance (HSG274)
Health and Safety Executive · Part 2: hot and cold water systems
- Official guidanceGood estate management for schools (GEMS)
Department for Education · Health and safety / statutory compliance duties
This guide is general information for UK schools and multi-academy trusts, not legal advice. Requirements vary by building, duty holder, and circumstances. Refer to the current source material and seek professional advice where needed.
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