Earlier this year, many schools were forced to close due to the extreme heat, which saw the UK hit a new record temperature of 40.3 degrees Celsius.

At that point, extreme heat was not listed within the government’s Emergency planning and response for education, childcare, and children’s social care settings, which had only been published for the first time in April this year.

Earlier this week, though, the Department for Education moved to include “extreme heat” as an example of severe weather in its guidance document, underlining the severe impact the events of the summer had - and may have again in the future.

What does it mean for schools? 

Chiefly, all schools need to have emergency plans in place in order to respond effectively in a range of possible scenarios, including “severe weather”, under which this guidance lists flooding, storms or snow, and now also extreme heat.

In terms of the action that settings should take during such severe weather, the guidance recommends keeping schools open for as many children as possible, while recognising it might be necessary to close temporarily due to inaccessibility or risk of injury.

While the emergency planning guidance is non-statutory guidance, following it can be a way of demonstrating reasonable behaviour for contractual or other legal reasons.

However, schools attempting to follow the guidance may be left looking for further clarity as neither severe weather nor any of its sub-categories, including “extreme heat”, are defined. 

The power of words 

This matters as, in legal terms, words are crucial. The approach adopted by courts in the absence of any specific definition is to look at the ordinary meaning of the word.

The Oxford English Dictionary defines “extreme” as “very great in degree”, or “not ordinary or usual; serious or severe”. 

The Met Office meanwhile defines a heatwave as “an extended period of hot weather relative to the expected conditions of the area at that time of year”.

Schools should think about not just adding extreme heat situations into their emergency plans, but also taking into account how this might be defined so that it is clear when it should be used. For now, adding an exact temperature may not be necessary so that schools can remain flexible.

Engage with unions

Furthermore, in addition to the duty of care to pupils, schools will also need be mindful of their duty of care to staff when putting their plans together, too.

Trade unions offer members specific guidance on this topic on a regular basis and will hope for consultation on this subject with schools when putting the policy together.

Overall, the risks associated with such a plan are low and as long as the school is able to evidence a reasonable approach to defining extreme heat and, ultimately, the reasons on any particular occasion for keeping your school open or closing it, that should suffice.

This will in turn aid good communication and home-school relations with the children, parents and carers attending the school, and ensure the safety of teachers and pupils remains the top priority.

Christopher Jones is a senior associate at law firm Stone King