Wi-Fi in Schools - Required Risk Assessments: Are any exemptions held by ST PATRICK'S PRMARY SCHOOL LEGAMADDY?

The request was partially successful.

20 December 2018 
Sarah McDowell
Doing business as the Principal
ST PATRICK'S PRIMARY SCHOOL LEGAMADDY
St. Patrick’s Primary School, Legamaddy
167 Ballynoe Road, Downpatrick

NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT; NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL

Wi-Fi in Schools - Required Risk Assessments: Are any exemptions held by ST PATRICK'S PRMARY SCHOOL LEGAMADDY?

NOTICE OF FREEDOM OF INFORMATION ACT 2000 

Dear Sarah McDowell,

On the 13 December 2018, you claimed in a Freedom of Information response: “Risk assessments are not required to be carried out by schools. Therefore, the school does not hold the information.” 
 - Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY, WhatDoTheyKnow https://www.whatdotheyknow.com/request/w...

In response to your claim, below is my declaration or statement of facts, sometimes known as an Affidavit. I affirm that I have knowledge of the facts stated below.  All the facts herein are true, correct, complete and admissible as evidence, and if called upon as a witness I as the affirmant will testify to their veracity.  

Plain Statement of Facts

A.  On 31 May 2011, the World Health Organisation’s (WHO) International Agency for Research on Cancer (IARC) classified wireless (RF/EMF) radiation in the range of 30 KHz to 300 GHz transmitting from any device, including Wi-Fi technologies such as access points and tablet computers, as a Group 2B ‘Possible Human Carcinogen’ - a possible cancer causing agent.

B. The 2013 World Health Organisation’s IARC’s full report or monograph ‘The evaluation of Carcinogenic Risks to Humans’, Vol 102 outlines that children absorb wireless (RF/EMF) radiation deeper into their bodies than adults and also states that the classification includes exposure to all radiofrequency (RF) radiation and not just mobile phones, pages 34-33, 71 and 74. https://monographs.iarc.fr/iarc-monograp...

C.  “Our conclusion on RF [wireless] radiation carcinogenicity is the following based on human epidemiology and supported by animal results in the NTP reports: Glioma, clear evidence; meningioma, equivocal evidence; vestibular schwannoma (acoustic neuroma), clear evidence; pituitary tumor (adenoma), equivocal evidence; thyroid cancer, some evidence; malignant lymphoma, equivocal evidence; skin (cutaneous tissue), equivocal evidence; multi‑site carcinogen, clear evidence.

Based on the [WHO's] IARC preamble to the monographs, RF radiation should be classified as Group 1: The agent is carcinogenic to humans.”

-International Journal of Oncology, Volume 54 Issue 1; 2018/2019; Lennart Hardell and Michael Carlberg, https://www.spandidos-publications.com/1...

1 November 2018 - the U.S. Government’s National Toxicology Program released the final report on their $25 million large-scale animal study which confirmed “Clear Evidence” of both heart and brain cancers after wireless radio frequency (RF) radiation exposures.

“This animal evidence, together with the extensive human evidence, coupled with the rising incidence of brain cancers in young people in the US, conclusively confirms that radio frequency radiation is a Category 1 Human Carcinogen,” said Dr Anthony Miller, a World Health Organisation Advisor and University of Toronto Dalla Lana School of Public Health Professor Emeritus on 1 November 2018. https://www.dailymail.co.uk/health/artic... dMWoRFs9zD81U 

D. C2K is part of and managed by the EDUCATION AUTHORITY and from 2012 - 2019 circa £230 million of public money will have been spent on their Education Network EN(ni) contract with CAPITA MANAGED IT SOLUTIONS on figures supplied in media reports. This averages to just about £33 million a year of public money that the EDUCATION AUTHORITY is spending on the Education Network EN(ni) contract with CAPITA MANAGED IT SOLUTIONS.

According to C2K, “A key aspect of the service will be to facilitate the increased use of personal smart mobile devices, such as tablet computers... and the increasing use of WiFi in networks.” within the 1,100 grant-aided Northern Ireland schools. CAPITA MANAGED IT SOLUTIONS made a Pre-tax profit of £12.9m according to the Belfast Telegraph 9 May 2017.

http://www.c2kni.org.uk/news/nENniLeader... and ‘Capita secures extension of IT contract with NI Education Authority’ https://www.capita-mits.co.uk/newsroom/n....

E. "The UK Government is not independent. It recently made more than £1.3 billion from auctioning off partial licences for the next generation of communications, 5G, and it made £22.5 billion from 3G licences. They are promoting wireless ‘smart’ meters, ‘smart cities’ and the internet of things. Do not expect them to admit easily that there are any risks at all. Safety has and is being ignored both in product design and by politicians and decision makers… Harming children is wrong, no matter how economically inconvenient or how difficult it is to make changes.”
-Dr Sarah Starkey: Technology and Education: How safe are our children? Thirteenth Annual Lecture, National Education Union (ATL);  24th May 2018; Belfast, Northern Ireland.

F.   “Schools are not specifically required to use Wi-Fi… Schools must take reasonable steps to ensure that staff and pupils are not exposed to risks to their health and safety by conducting a risk assessment and, if necessary, putting measures in place to minimise any known risk.”

-DEPARTMENT FOR EDUCATION 2018, E. Coltman, Ministerial and Public Communications Division, correspondence reference number 2018-0004416

G.  "Schools also need to perform risk assessments on the technologies within their school to ensure that they are fully aware of and can mitigate the potential risks involved with their use.”  

-DEPARTMENT OF EDUCATION, 2017 from section 6.8 ‘Managing the Risk'  https://www.education-ni.gov.uk/sites/de...

H.  “I can confirm that there are no documents which exempt schools from adhering to and undertaking risk assessments as specified and outlined in the above documents [‘Safeguarding and Child Protection - A Guide for Schools’ DE Circular Number 2017/04; eSAFETY GUIDANCE’ DE Circular Number 2013/25…]” 

-James Kerr, Health & Safety Officer, DEPARTMENT OF EDUCATION, FOI response 10 November 2017.

I.  The CCMS does not hold any documents, regulations, legislation, directives, etc. which exempt all CCMS schools, all those acting as Principals within all CCMS schools, and the Board of Governors within all CCMS schools from adhering to and undertaking risk assessments as specified and outlined in ‘Safeguarding and Child Protection - A Guide for Schools’ DE Circular Number 2017/04 and eSAFETY GUIDANCE’ DE Circular Number 2013/25.  

- Gerald ‘Gerry’ Campbell, Chief Executive Officer, COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS, FOI response, 6 December 2017.

J.  The EDUCATION AUTHORITY does not hold any documents, regulations, legislation, directives, etc. which exempt all grant aided (CCMS & EA) schools, all those acting as Principals within all grant aided (CCMS & EA) schools, and the Board of Governors within all grant aided (CCMS & EA) schools from adhering to and undertaking risk assessments as specified and outlined in ‘Safeguarding and Child Protection - A Guide for Schools’ DE Circular Number 2017/04 and eSAFETY GUIDANCE’ DE Circular Number 2013/25. 

-Diane Wilson, Corporate Information Officer, EDUCATION AUTHORITY, in a FOI response, 13 December 2017

K. “No such documents exist.” which exempt Sarah McDowell, acting as Principal of ST PATRICKS PS LEGAMADDY from adhering to and undertaking risk assessments as outlined in ‘Safeguarding and Child Protection - A Guide for Schools’ DE Circular Number 2017/04 and ‘eSAFETY GUIDANCE’ DE Circular Number 2013/25. 

-Signed Sarah McDowell, FOI response, 13 November 2017.

L.  “We are failing to safeguard children and young people if we are exposing them to something which scientific studies have shown can cause physical harm and increase cancer risks.”

“Schools and teachers have a responsibly to safeguard children, not a responsibility to protect the telecommunication industry and/or inaccurate government reports.”

-Dr. Sarah Starkey, “Official advice on the safety of radiofrequency radiation [RF], risk assessment and adverse effects.” 5 November 2018. https://cdn.website-editor.net/2479f24c5...
————

I am willing to conditionally accept your claim ““Risk assessments are not required to be carried out by schools. Therefore, the school does not hold the information.” If, in accordance with the Freedom of Information Act 2000, you can provide the following: 

1.  All documents, regulations, legislation, correspondence, judgements, court orders, and any other material evidence which exempt you, Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY, from adhering to and undertaking risk assessments as outlined in DE Circular Number 2017/04 including:   “Schools also need to perform risk assessments on the technologies within their school to ensure that they are fully aware of and can mitigate the potential risks involved with their use.” which are held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

2.  All documents, regulations, legislation, correspondence, judgements, court orders, and any other material evidence which exempt you Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY from adhering to and undertaking risk assessments as outlined in DE Circular Number 2013/25 ’eSAFETY GUIDANCE’ including: “5.4 The new C2k wireless service enables schools to introduce new technologies to support teaching and learning. These new technologies should be examined for educational benefit and a risk assessment carried out before they are purchased or used in classrooms.  5.5 The school eSafety policy should be updated when new technologies are introduced and after a risk assessment has been completed.” which are held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

https://www.education-ni.gov.uk/sites/de...

3. A pdf scanned copy of ‘NOTICE OF FREEDOM OF INFORMATION ACT 2000 REQUEST’ dated 24 October 2017 and addressed to yourself, Sarah McDowell, Doing business as Principal, and which contains the text “1. All documents, regulations, legislation, directives, correspondence, etc. which exempt you Sarah McDowell, acting as Principal of St. Patrick’s PS Legamaddy, from adhering to and undertaking risk assessments as outlined in DENI Circulars: A. Safeguarding and Child Protection - A Guide for Schools’ DENI Circular Number 2017/04 issued 24 April 2017 and; B. ’eSAFETY GUIDANCE’ DENI Circular Number 2013/25 issued 6 December 2013.”

*I require you to redact the personal details of the FOI requestor(s) contained within this notice such as an address other than the school’s, signature(s) etc. before you supply the scanned pdf copy.

4. A pdf scanned copy of your (Sarah McDowell, Principal) 13 November 2017 response to the ‘NOTICE OF FREEDOM OF INFORMATION ACT 2000 REQUEST (24 October 2017)’ which contains the text, “No such documents exist”

*I require you to redact the personal details of the FOI requestor(s) contained within your correspondence dated 13 November 2017 such as an address other than the school’s, signature etc. before you supply the pdf copy.

5.  All documents, regulations, legislation, correspondence, judgements, court orders, and any other material evidence which exempt you Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY from adhering to and undertaking risk assessments in accordance with your Duty of Care 'in loco parentis', in order that you do all that is reasonably possible to protect the health, safety and welfare of the pupils within the school held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

“Head Teachers/Principals also have a common law duty of care ‘in loco parentis’ for their pupils (Latin for ‘in the place of a parent’). This duty of care requires a Head Teacher to do all that is reasonably possible to protect the health, safety and welfare of the pupils within their school.”  https://cdn.website-editor.net/2479f24c5...

6.  All documents written or electronic, correspondence, and any other material evidence supplied in which it is stated: “Wi-Fi does not constitute a risk, including cancer, to children’s health in the classroom and therefor there is no requirement for school Principals to instigate a Risk Assessment for Wi-Fi.” held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

7. A pdf scanned copy of all18 pages of the ‘NOTICE BEFORE ACTION’ dated 26 MAY 2017 and addressed to yourself, Sarah McDowell, Doing business as Principal, and containing the text “We attach a selection (20) of the 2,000+ peer reviewed scientific studies by independent researchers reporting the harmful effects from microwave radiation exposure.”

*I require you to redact the personal details of the author(s) of the ‘NOTICE BEFORE ACTION’ contained within this notice such as an address other than the school’s, signature(s), etc. before you supply the pdf copy.

I do not consent to receiving a single sentence/paragraph response for items 1-7.  I require each item to have its own response.  Please number your responses 1-7.

I do not consent to receiving inaccurate or untruthful information or representations.  I have the reasonable expectation that you Sarah McDowell acting as a public servant in the public office of Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY will honour and adhere to your position of Trust, the Seven Principles of public life, your Duty of Care, the laws, the statutory legislation, regulations and protocols that govern public servants and all those who offer a public service.  The 7 principles of public life are:  Honesty; Openness; Leadership; Integrity; Accountability; Objectivity and Selflessness.  https://www.gov.uk/government/publicatio...

I would ask that I am addressed in all communication as “Amy Harron” instead of “Ms Harron”. Thank you.

I require written receipt of this Freedom of Information notice. This notice will be used in evidence.

Sincerely and without ill will, vexation or frivolity,
 
by Amy Harron

All rights reserved

S MCDOWELL, St. Patrick's Primary School Legamaddy

3 Attachments

Dear Amy Harron,

In response to your Freedom Of Information Request-WiFi in schools - Required Risk Assessments: Are any exemptions held by St Patrick's Primary School, Legamaddy.

1. All documents, regulations, legislation, correspondence, judgements, court orders, and any other material evidence which exempt you, Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY, from adhering to and undertaking risk assessments as outlined in DE Circular Number 2017/04 including: “Schools also need to perform risk assessments on the technologies within their school to ensure that they are fully aware of and can mitigate the potential risks involved with their use.” which are held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

I write to advise that the information previously provided to you in relation to this matter under cover of the Freedom of Information Act 2000, is supported by guidance published by the Department of Education Northern Ireland and Public Health England.

This guidance is available via the following links:

https://www.education-ni.gov.uk/articles...

Therein it states that:
‘On 12 October 2007, the former Health Protection Agency (HPA) (now called Public Health England) announced an extended programme of research into wireless local area networks and their use, including measurements of exposures from WiFi networks. The data gathered during the project continued to reinforce the position adopted by the HPA at the beginning of the project that there is no consistent evidence to date that exposure to radio signals from WiFi and WLANs adversely affects the health of the general population.
Guidance on WiFi radio waves and health was published on 1 November 2013 by Public Health England, an executive agency of the Department of Health in the UK, and may be accessed on the Public Health England website(external link opens in a new window / tab).
The Department of Education will continue to monitor the position regarding WiFi.’
Public Health England, Wireless Networks (Wi Fi) radio waves and health link:
https://www.gov.uk/government/publicatio...
Therein it states that:
‘There is no consistent evidence to date that exposure to RF signals from wi-fi and WLANs adversely affect the health of the general population.
The signals from wi-fi are very low power, typically 0.1 watt (100 milliwatts), in both the computer and the mast (or router) and resulting exposures should be well within internationally-accepted guidelines.
The frequencies used are broadly the same as those from other RF applications.
Based on current knowledge, RF exposures from wi-fi are likely to be lower than those from mobile phones.
On the basis of current scientific information, exposures from wi-fi equipment satisfy international guidelines. There is no consistent evidence of health effects from RF exposures below guideline levels and no reason why schools and others should not use wi-fi equipment.
The school therefore wishes to advise, that as previously stated, it does not hold the requested information in relation to WiFi Risk Assessments.
The school will continue to monitor the situation in line with advice provided by the Department of Education Northern Ireland and Public Health England.
I trust you find the information provided of assistance.

2. All documents, regulations, legislation, correspondence, judgements, court orders, and any other material evidence which exempt you Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY from adhering to and undertaking risk assessments as outlined in DE Circular Number 2013/25 ’eSAFETY GUIDANCE’ including: “5.4 The new C2k wireless service enables schools to introduce new technologies to support teaching and learning. These new technologies should be examined for educational benefit and a risk assessment carried out before they are purchased or used in classrooms. 5.5 The school eSafety policy should be updated when new technologies are introduced and after a risk assessment has been completed.” which are held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

https://www.education-ni.gov.uk/sites/de...

I write to advise that the information previously provided to you in relation to this matter under cover of the Freedom of Information Act 2000, is supported by guidance published by the Department of Education Northern Ireland and Public Health England.

This guidance is available via the following links:

https://www.education-ni.gov.uk/articles...

Therein it states that:
‘On 12 October 2007, the former Health Protection Agency (HPA) (now called Public Health England) announced an extended programme of research into wireless local area networks and their use, including measurements of exposures from WiFi networks. The data gathered during the project continued to reinforce the position adopted by the HPA at the beginning of the project that there is no consistent evidence to date that exposure to radio signals from WiFi and WLANs adversely affects the health of the general population.
Guidance on WiFi radio waves and health was published on 1 November 2013 by Public Health England, an executive agency of the Department of Health in the UK, and may be accessed on the Public Health England website(external link opens in a new window / tab).
The Department of Education will continue to monitor the position regarding WiFi.’
Public Health England, Wireless Networks (Wi Fi) radio waves and health link:
https://www.gov.uk/government/publicatio...
Therein it states that:
‘There is no consistent evidence to date that exposure to RF signals from wi-fi and WLANs adversely affect the health of the general population.
The signals from wi-fi are very low power, typically 0.1 watt (100 milliwatts), in both the computer and the mast (or router) and resulting exposures should be well within internationally-accepted guidelines.
The frequencies used are broadly the same as those from other RF applications.
Based on current knowledge, RF exposures from wi-fi are likely to be lower than those from mobile phones.
On the basis of current scientific information, exposures from wi-fi equipment satisfy international guidelines. There is no consistent evidence of health effects from RF exposures below guideline levels and no reason why schools and others should not use wi-fi equipment.
The school therefore wishes to advise, that as previously stated, it does not hold the requested information in relation to WiFi Risk Assessments.
The school will continue to monitor the situation in line with advice provided by the Department of Education Northern Ireland and Public Health England.
I trust you find the information provided of assistance.

3. A pdf scanned copy of ‘NOTICE OF FREEDOM OF INFORMATION ACT 2000 REQUEST’ dated 24 October 2017 and addressed to yourself, Sarah McDowell, Doing business as Principal, and which contains the text “1. All documents, regulations, legislation, directives, correspondence, etc. which exempt you Sarah McDowell, acting as Principal of St. Patrick’s PS Legamaddy, from adhering to and undertaking risk assessments as outlined in DENI Circulars: A. Safeguarding and Child Protection - A Guide for Schools’ DENI Circular Number 2017/04 issued 24 April 2017 and; B. ’eSAFETY GUIDANCE’ DENI Circular Number 2013/25 issued 6 December 2013.”

*I require you to redact the personal details of the FOI requestor(s) contained within this notice such as an address other than the school’s, signature(s) etc. before you supply the scanned pdf copy.

Please find attached Point 3.

4. A pdf scanned copy of your (Sarah McDowell, Principal) 13 November 2017 response to the ‘NOTICE OF FREEDOM OF INFORMATION ACT 2000 REQUEST (24 October 2017)’ which contains the text, “No such documents exist”

Please find attached Point 4

5. All documents, regulations, legislation, correspondence, judgements, court orders, and any other material evidence which exempt you Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY from adhering to and undertaking risk assessments in accordance with your Duty of Care 'in loco parentis', in order that you do all that is reasonably possible to protect the health, safety and welfare of the pupils within the school held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

“Head Teachers/Principals also have a common law duty of care ‘in loco parentis’ for their pupils (Latin for ‘in the place of a parent’). This duty of care requires a Head Teacher to do all that is reasonably possible to protect the health, safety and welfare of the pupils within their school.” https://cdn.website-editor.net/2479f24c5...

I write to advise that the information previously provided to you in relation to this matter under cover of the Freedom of Information Act 2000, is supported by guidance published by the Department of Education Northern Ireland and Public Health England.

This guidance is available via the following links:

https://www.education-ni.gov.uk/articles...

Therein it states that:
‘On 12 October 2007, the former Health Protection Agency (HPA) (now called Public Health England) announced an extended programme of research into wireless local area networks and their use, including measurements of exposures from WiFi networks. The data gathered during the project continued to reinforce the position adopted by the HPA at the beginning of the project that there is no consistent evidence to date that exposure to radio signals from WiFi and WLANs adversely affects the health of the general population.
Guidance on WiFi radio waves and health was published on 1 November 2013 by Public Health England, an executive agency of the Department of Health in the UK, and may be accessed on the Public Health England website(external link opens in a new window / tab).
The Department of Education will continue to monitor the position regarding WiFi.’
Public Health England, Wireless Networks (Wi Fi) radio waves and health link:
https://www.gov.uk/government/publicatio...
Therein it states that:
‘There is no consistent evidence to date that exposure to RF signals from wi-fi and WLANs adversely affect the health of the general population.
The signals from wi-fi are very low power, typically 0.1 watt (100 milliwatts), in both the computer and the mast (or router) and resulting exposures should be well within internationally-accepted guidelines.
The frequencies used are broadly the same as those from other RF applications.
Based on current knowledge, RF exposures from wi-fi are likely to be lower than those from mobile phones.
On the basis of current scientific information, exposures from wi-fi equipment satisfy international guidelines. There is no consistent evidence of health effects from RF exposures below guideline levels and no reason why schools and others should not use wi-fi equipment.
The school therefore wishes to advise, that as previously stated, it does not hold the requested information in relation to WiFi Risk Assessments.
The school will continue to monitor the situation in line with advice provided by the Department of Education Northern Ireland and Public Health England.
I trust you find the information provided of assistance.

6. All documents written or electronic, correspondence, and any other material evidence supplied in which it is stated: “Wi-Fi does not constitute a risk, including cancer, to children’s health in the classroom and therefor there is no requirement for school Principals to instigate a Risk Assessment for Wi-Fi.” held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.


I write to advise that the information previously provided to you in relation to this matter under cover of the Freedom of Information Act 2000, is supported by guidance published by the Department of Education Northern Ireland and Public Health England.

This guidance is available via the following links:

https://www.education-ni.gov.uk/articles...

Therein it states that:
‘On 12 October 2007, the former Health Protection Agency (HPA) (now called Public Health England) announced an extended programme of research into wireless local area networks and their use, including measurements of exposures from WiFi networks. The data gathered during the project continued to reinforce the position adopted by the HPA at the beginning of the project that there is no consistent evidence to date that exposure to radio signals from WiFi and WLANs adversely affects the health of the general population.
Guidance on WiFi radio waves and health was published on 1 November 2013 by Public Health England, an executive agency of the Department of Health in the UK, and may be accessed on the Public Health England website(external link opens in a new window / tab).
The Department of Education will continue to monitor the position regarding WiFi.’
Public Health England, Wireless Networks (Wi Fi) radio waves and health link:
https://www.gov.uk/government/publicatio...
Therein it states that:
‘There is no consistent evidence to date that exposure to RF signals from wi-fi and WLANs adversely affect the health of the general population.
The signals from wi-fi are very low power, typically 0.1 watt (100 milliwatts), in both the computer and the mast (or router) and resulting exposures should be well within internationally-accepted guidelines.
The frequencies used are broadly the same as those from other RF applications.
Based on current knowledge, RF exposures from wi-fi are likely to be lower than those from mobile phones.
On the basis of current scientific information, exposures from wi-fi equipment satisfy international guidelines. There is no consistent evidence of health effects from RF exposures below guideline levels and no reason why schools and others should not use wi-fi equipment.
The school therefore wishes to advise, that as previously stated, it does not hold the requested information in relation to WiFi Risk Assessments.
The school will continue to monitor the situation in line with advice provided by the Department of Education Northern Ireland and Public Health England.
I trust you find the information provided of assistance.


7. A pdf scanned copy of all18 pages of the ‘NOTICE BEFORE ACTION’ dated 26 MAY 2017 and addressed to yourself, Sarah McDowell, Doing business as Principal, and containing the text “We attach a selection (20) of the 2,000+ peer reviewed scientific studies by independent researchers reporting the harmful effects from microwave radiation exposure.”

Please find attached Point 7



If you are dissatisfied with any aspect of this response or the handling of your request, please contact me within two calendar months of the date of this response.

Should you remain dissatisfied, you have the right to complain further to the Information Commissioner's Office at:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 01 625 54 57 45/0303 123 1113 or www.ico.org.uk

Yours sincerely

Sarah McDowell

Sarah McDowell

Principal

St Patrick's Primary School, Legamaddy

________________________________________
From: Amy Harron [[FOI #540485 email]]
Sent: 20 December 2018 20:01
To: S MCDOWELL
Subject: Freedom of Information request - Wi-Fi in Schools - Required Risk Assessments: Are any exemptions held by ST PATRICK'S PRMARY SCHOOL LEGAMADDY?

20 December 2018
Sarah McDowell
Doing business as the Principal
ST PATRICK'S PRIMARY SCHOOL LEGAMADDY
St. Patrick’s Primary School, Legamaddy
167 Ballynoe Road, Downpatrick

NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT; NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL

Wi-Fi in Schools - Required Risk Assessments: Are any exemptions held by ST PATRICK'S PRMARY SCHOOL LEGAMADDY?

NOTICE OF FREEDOM OF INFORMATION ACT 2000

Dear Sarah McDowell,

On the 13 December 2018, you claimed in a Freedom of Information response: “Risk assessments are not required to be carried out by schools. Therefore, the school does not hold the information.”
- Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY, WhatDoTheyKnow https://www.whatdotheyknow.com/request/w...

In response to your claim, below is my declaration or statement of facts, sometimes known as an Affidavit. I affirm that I have knowledge of the facts stated below. All the facts herein are true, correct, complete and admissible as evidence, and if called upon as a witness I as the affirmant will testify to their veracity.

Plain Statement of Facts

A. On 31 May 2011, the World Health Organisation’s (WHO) International Agency for Research on Cancer (IARC) classified wireless (RF/EMF) radiation in the range of 30 KHz to 300 GHz transmitting from any device, including Wi-Fi technologies such as access points and tablet computers, as a Group 2B ‘Possible Human Carcinogen’ - a possible cancer causing agent.

B. The 2013 World Health Organisation’s IARC’s full report or monograph ‘The evaluation of Carcinogenic Risks to Humans’, Vol 102 outlines that children absorb wireless (RF/EMF) radiation deeper into their bodies than adults and also states that the classification includes exposure to all radiofrequency (RF) radiation and not just mobile phones, pages 34-33, 71 and 74. https://monographs.iarc.fr/iarc-monograp...

C. “Our conclusion on RF [wireless] radiation carcinogenicity is the following based on human epidemiology and supported by animal results in the NTP reports: Glioma, clear evidence; meningioma, equivocal evidence; vestibular schwannoma (acoustic neuroma), clear evidence; pituitary tumor (adenoma), equivocal evidence; thyroid cancer, some evidence; malignant lymphoma, equivocal evidence; skin (cutaneous tissue), equivocal evidence; multi‑site carcinogen, clear evidence.

Based on the [WHO's] IARC preamble to the monographs, RF radiation should be classified as Group 1: The agent is carcinogenic to humans.”

-International Journal of Oncology, Volume 54 Issue 1; 2018/2019; Lennart Hardell and Michael Carlberg, https://www.spandidos-publications.com/1...

1 November 2018 - the U.S. Government’s National Toxicology Program released the final report on their $25 million large-scale animal study which confirmed “Clear Evidence” of both heart and brain cancers after wireless radio frequency (RF) radiation exposures.

“This animal evidence, together with the extensive human evidence, coupled with the rising incidence of brain cancers in young people in the US, conclusively confirms that radio frequency radiation is a Category 1 Human Carcinogen,” said Dr Anthony Miller, a World Health Organisation Advisor and University of Toronto Dalla Lana School of Public Health Professor Emeritus on 1 November 2018. https://www.dailymail.co.uk/health/artic... study-finds.html?fbclid=IwAR0vWJADMTaACA_XtfzNq8_yjvWtvPfvNplE5UD0KsX3FM- dMWoRFs9zD81U

D. C2K is part of and managed by the EDUCATION AUTHORITY and from 2012 - 2019 circa £230 million of public money will have been spent on their Education Network EN(ni) contract with CAPITA MANAGED IT SOLUTIONS on figures supplied in media reports. This averages to just about £33 million a year of public money that the EDUCATION AUTHORITY is spending on the Education Network EN(ni) contract with CAPITA MANAGED IT SOLUTIONS.

According to C2K, “A key aspect of the service will be to facilitate the increased use of personal smart mobile devices, such as tablet computers... and the increasing use of WiFi in networks.” within the 1,100 grant-aided Northern Ireland schools. CAPITA MANAGED IT SOLUTIONS made a Pre-tax profit of £12.9m according to the Belfast Telegraph 9 May 2017.

http://www.c2kni.org.uk/news/nENniLeader... and ‘Capita secures extension of IT contract with NI Education Authority’ https://www.capita-mits.co.uk/newsroom/n....

E. "The UK Government is not independent. It recently made more than £1.3 billion from auctioning off partial licences for the next generation of communications, 5G, and it made £22.5 billion from 3G licences. They are promoting wireless ‘smart’ meters, ‘smart cities’ and the internet of things. Do not expect them to admit easily that there are any risks at all. Safety has and is being ignored both in product design and by politicians and decision makers… Harming children is wrong, no matter how economically inconvenient or how difficult it is to make changes.”
-Dr Sarah Starkey: Technology and Education: How safe are our children? Thirteenth Annual Lecture, National Education Union (ATL); 24th May 2018; Belfast, Northern Ireland.

F. “Schools are not specifically required to use Wi-Fi… Schools must take reasonable steps to ensure that staff and pupils are not exposed to risks to their health and safety by conducting a risk assessment and, if necessary, putting measures in place to minimise any known risk.”

-DEPARTMENT FOR EDUCATION 2018, E. Coltman, Ministerial and Public Communications Division, correspondence reference number 2018-0004416

G. "Schools also need to perform risk assessments on the technologies within their school to ensure that they are fully aware of and can mitigate the potential risks involved with their use.”

-DEPARTMENT OF EDUCATION, 2017 from section 6.8 ‘Managing the Risk' https://www.education-ni.gov.uk/sites/de...

H. “I can confirm that there are no documents which exempt schools from adhering to and undertaking risk assessments as specified and outlined in the above documents [‘Safeguarding and Child Protection - A Guide for Schools’ DE Circular Number 2017/04; eSAFETY GUIDANCE’ DE Circular Number 2013/25…]”

-James Kerr, Health & Safety Officer, DEPARTMENT OF EDUCATION, FOI response 10 November 2017.

I. The CCMS does not hold any documents, regulations, legislation, directives, etc. which exempt all CCMS schools, all those acting as Principals within all CCMS schools, and the Board of Governors within all CCMS schools from adhering to and undertaking risk assessments as specified and outlined in ‘Safeguarding and Child Protection - A Guide for Schools’ DE Circular Number 2017/04 and eSAFETY GUIDANCE’ DE Circular Number 2013/25.

- Gerald ‘Gerry’ Campbell, Chief Executive Officer, COUNCIL FOR CATHOLIC MAINTAINED SCHOOLS, FOI response, 6 December 2017.

J. The EDUCATION AUTHORITY does not hold any documents, regulations, legislation, directives, etc. which exempt all grant aided (CCMS & EA) schools, all those acting as Principals within all grant aided (CCMS & EA) schools, and the Board of Governors within all grant aided (CCMS & EA) schools from adhering to and undertaking risk assessments as specified and outlined in ‘Safeguarding and Child Protection - A Guide for Schools’ DE Circular Number 2017/04 and eSAFETY GUIDANCE’ DE Circular Number 2013/25.

-Diane Wilson, Corporate Information Officer, EDUCATION AUTHORITY, in a FOI response, 13 December 2017

K. “No such documents exist.” which exempt Sarah McDowell, acting as Principal of ST PATRICKS PS LEGAMADDY from adhering to and undertaking risk assessments as outlined in ‘Safeguarding and Child Protection - A Guide for Schools’ DE Circular Number 2017/04 and ‘eSAFETY GUIDANCE’ DE Circular Number 2013/25.

-Signed Sarah McDowell, FOI response, 13 November 2017.

L. “We are failing to safeguard children and young people if we are exposing them to something which scientific studies have shown can cause physical harm and increase cancer risks.”

“Schools and teachers have a responsibly to safeguard children, not a responsibility to protect the telecommunication industry and/or inaccurate government reports.”

-Dr. Sarah Starkey, “Official advice on the safety of radiofrequency radiation [RF], risk assessment and adverse effects.” 5 November 2018. https://cdn.website-editor.net/2479f24c5...
————

I am willing to conditionally accept your claim ““Risk assessments are not required to be carried out by schools. Therefore, the school does not hold the information.” If, in accordance with the Freedom of Information Act 2000, you can provide the following:

1. All documents, regulations, legislation, correspondence, judgements, court orders, and any other material evidence which exempt you, Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY, from adhering to and undertaking risk assessments as outlined in DE Circular Number 2017/04 including: “Schools also need to perform risk assessments on the technologies within their school to ensure that they are fully aware of and can mitigate the potential risks involved with their use.” which are held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

2. All documents, regulations, legislation, correspondence, judgements, court orders, and any other material evidence which exempt you Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY from adhering to and undertaking risk assessments as outlined in DE Circular Number 2013/25 ’eSAFETY GUIDANCE’ including: “5.4 The new C2k wireless service enables schools to introduce new technologies to support teaching and learning. These new technologies should be examined for educational benefit and a risk assessment carried out before they are purchased or used in classrooms. 5.5 The school eSafety policy should be updated when new technologies are introduced and after a risk assessment has been completed.” which are held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

https://www.education-ni.gov.uk/sites/de...

3. A pdf scanned copy of ‘NOTICE OF FREEDOM OF INFORMATION ACT 2000 REQUEST’ dated 24 October 2017 and addressed to yourself, Sarah McDowell, Doing business as Principal, and which contains the text “1. All documents, regulations, legislation, directives, correspondence, etc. which exempt you Sarah McDowell, acting as Principal of St. Patrick’s PS Legamaddy, from adhering to and undertaking risk assessments as outlined in DENI Circulars: A. Safeguarding and Child Protection - A Guide for Schools’ DENI Circular Number 2017/04 issued 24 April 2017 and; B. ’eSAFETY GUIDANCE’ DENI Circular Number 2013/25 issued 6 December 2013.”

*I require you to redact the personal details of the FOI requestor(s) contained within this notice such as an address other than the school’s, signature(s) etc. before you supply the scanned pdf copy.

4. A pdf scanned copy of your (Sarah McDowell, Principal) 13 November 2017 response to the ‘NOTICE OF FREEDOM OF INFORMATION ACT 2000 REQUEST (24 October 2017)’ which contains the text, “No such documents exist”

*I require you to redact the personal details of the FOI requestor(s) contained within your correspondence dated 13 November 2017 such as an address other than the school’s, signature etc. before you supply the pdf copy.

5. All documents, regulations, legislation, correspondence, judgements, court orders, and any other material evidence which exempt you Sarah McDowell acting as Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY from adhering to and undertaking risk assessments in accordance with your Duty of Care 'in loco parentis', in order that you do all that is reasonably possible to protect the health, safety and welfare of the pupils within the school held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

“Head Teachers/Principals also have a common law duty of care ‘in loco parentis’ for their pupils (Latin for ‘in the place of a parent’). This duty of care requires a Head Teacher to do all that is reasonably possible to protect the health, safety and welfare of the pupils within their school.” https://cdn.website-editor.net/2479f24c5...

6. All documents written or electronic, correspondence, and any other material evidence supplied in which it is stated: “Wi-Fi does not constitute a risk, including cancer, to children’s health in the classroom and therefor there is no requirement for school Principals to instigate a Risk Assessment for Wi-Fi.” held by ST PATRICK'S PRIMARY SCHOOL LEGAMADDY.

7. A pdf scanned copy of all18 pages of the ‘NOTICE BEFORE ACTION’ dated 26 MAY 2017 and addressed to yourself, Sarah McDowell, Doing business as Principal, and containing the text “We attach a selection (20) of the 2,000+ peer reviewed scientific studies by independent researchers reporting the harmful effects from microwave radiation exposure.”

*I require you to redact the personal details of the author(s) of the ‘NOTICE BEFORE ACTION’ contained within this notice such as an address other than the school’s, signature(s), etc. before you supply the pdf copy.

I do not consent to receiving a single sentence/paragraph response for items 1-7. I require each item to have its own response. Please number your responses 1-7.

I do not consent to receiving inaccurate or untruthful information or representations. I have the reasonable expectation that you Sarah McDowell acting as a public servant in the public office of Principal of ST PATRICK'S PRIMARY SCHOOL LEGAMADDY will honour and adhere to your position of Trust, the Seven Principles of public life, your Duty of Care, the laws, the statutory legislation, regulations and protocols that govern public servants and all those who offer a public service. The 7 principles of public life are: Honesty; Openness; Leadership; Integrity; Accountability; Objectivity and Selflessness. https://www.gov.uk/government/publicatio...

I would ask that I am addressed in all communication as “Amy Harron” instead of “Ms Harron”. Thank you.

I require written receipt of this Freedom of Information notice. This notice will be used in evidence.

Sincerely and without ill will, vexation or frivolity,

by Amy Harron

All rights reserved

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