Bog Standard - Factsheet -The law on drinking water provision for pupils in comparison with legislation for adults

The law on drinking water provision for pupils in comparison with legislation for adults

For pupils

The law regarding drinking water for pupils merely states “A school shall have a wholesome supply of water for domestic purposes including a supply of drinking water.” (The Education (School Premises) Regulations 1999).

For adults

Adults enjoy specific requirements for adequate, readily accessible, clearly labelled and appropriately sited drinking water supplies (with suitable cups or other drinking vessels) in the workplace, which includes teachers in schools (The Workplace (Health, Safety and Welfare) Regulations 1992). The related Workplace Health, Safety and Welfare, Approved Code of Practice 1993, also states that drinking water should not be sited in the toilets.

The issues

For those pupils in schools where there is a lack of recognition (or a refusal) of the need to provide adequate provision of drinking water, mandatory minimum regulations for drinking water provision are needed that at least match those that already exist for adults. If equivalent standards that exist for adults in the workplace were applied to pupils’ drinking provision, significant improvements would result.

Regulations should be backed up by formal inspection and enforcement to ensure equal access to and provision of drinking water for all pupils in all schools.

Government Regulations, Guidelines and Resources

While we have not yet achieved a change in the Education (School Premises) Regulations, there are now numerous government standards, guidelines and resources that require or encourage schools to provide free, fresh drinking water throughout the school day. These include:

Ofsted inspections (September 2005) Self-evaluation form. Criteria for inspections:
- “The extent to which schools enable learners to be healthy.”
- “Learners are encouraged and enabled to eat and drink healthily”
Nutritional Standards for School Lunches (DfES from September 2006)
- “There should be easy access at all times to free, fresh drinking water”.
Standards for all school food other than lunches (DfES from September 2007)
- “Children and young people must have easy access at all times to free, fresh drinking water in schools”
New Healthy Schools Programme. A Guide for Schools. Healthy Eating (DH 2005)
- “Healthy and nutritious food and drink is available across the school day.”
- “A Healthy School ensures:
- healthier food and drink options are available and promoted in
  breakfast clubs, at break (if established or planned) and at lunchtimes
  - as outlined by Food in Schools guidance” (2.6)
- “easy access to free, clean and palatable drinking water, using the Food in Schools guidance” (2.10)
Food in Schools Water Provision Project (DfES/DH April 2005)
- Toolkit for schools with guidance and practical tips for improving water facilities and pupils access to these. It advises that good quality drinking water provided from modern facilities should be available to pupils throughout the day and not from taps or drinking fountains located in toilet areas
Healthy Living Blueprint (DfES September 2004)
- "All pupils should have access to drinking water at all times at a number of points around the school, preferably not from taps or drinking fountains in the toilets. Pupils should be permitted to carry water with them and consumption encouraged both in class and during break and lunch time." (Objective 3)
Building Bulletin 87 "Guidelines for Environmental Design in Schools" (DfES 2nd Edition Version 1-May 2003)
- This gives technical guidance but also “Recommends that chilled water dispensers be provided for pupil use throughout the day. It discourages the siting of drinking water taps and fountains in toilet areas.” Answer to Parliamentary Questions 39527 and 39529 on Drinking Water published in Hansard 9 January 2006
BREEAM Schools Manual HW16 (assesses new build and refurbishment school projects in line with DfES compliance requirements for environmental performance)
- Credit Compliance Requirements: In order to achieve this credit the design team must confirm that “Chilled mains fed water dispensers will be provided that are easily accessible to all throughout the day at safe and convenient points around the school and in every building. The credit cannot be awarded where the water dispensers or drinking supplies are located in toilet areas.”

ater dispensers will be provided that are easily accessible to all throughout the day at safe and convenient points around the school and in every building. The credit cannot be awarded where the water dispensers or drinking supplies are located in toilet areas.”