Martyn’s Law - The Protect Duty

In the wake of several serious terrorist incidents in the UK and subsequent inquiries, inquests, campaigning and public consultation, the previous government first published plans for a ‘Protect Duty’ in 2022.

As the legal duty took shape, it was unclear how it might affect childcare businesses, especially larger nurseries and premises offering sports and other activities to greater numbers of children.
The legislation has been widely referred to as ‘Martyn’s Law’ after Martyn Hett, one of 22 people killed in the Manchester Arena terror attack. Martyn’s mother, Figen Murray, campaigned extensively for the law to by passed.

Despite broad cross-party support, the previous government did not get the law passed before the 2024 election. However, the current government kept to its manifesto pledge not to abandon the legislation, and the Terrorism (Protection of Premises) Act 2025 became law across England, Scotland, Wales and Northern Ireland, in April.

What you need to know

While the law still creates a ‘standard duty’ on any premises where qualifying activities take place, the lower threshold for the capacity has been raised from 100 to 200 people. Such premises could be entertainment or leisure outlets; shops; restaurants, bars and clubs; sports venues; visitor attractions and, importantly, places of worship, health and education.

While this higher threshold has taken many pubs and places of worship out of scope of Martyn’s Law, it also means that only the very largest of childcare facilities will have to comply.

There will also be a two-year grace period before the law is enforced, giving time to establish a new regulator under the Security Industry Authority (SIA) which will support and advise those running venues and events in meeting the legislation’s requirements and give premises time to adapt.

What premises will need to do

The standard duty simply requires the person responsible for premises to notify the SIA about it and have “so far as reasonably practicable” appropriate public protection procedures in place.

The government will publish more detailed guidance but the requirements for standard duty premises will be simple, low-cost measures such as training staff so that physical injuries caused during an evacuation are minimised. The standard duty does not have any requirements to make physical or security adaptations.

The responsible person for qualifying premises, will be whoever has control of the premises in connection with their principal qualifying use. So, if a church also has a creche it will be the person in control of the church who is the responsible person.

Enhanced duty for larger premises

The threshold for an enhanced duty on larger premises and events was not changed, so it will still apply to venues and events that could, even occasionally, have 800 or more people, including staff, present.

The enhanced duty places more significant requirements on premises, such as having appropriate public protection and security measures in place to reduce vulnerability to terrorist attack and the risk of physical harm being caused to people if an attack was to occur at the venue or nearby.

What childcare businesses need to do

For the majority of childcare businesses, all that is needed is for the owner or management to consider whether the number of people at their premises ever comes close to the 200 threshold that applies for the standard duty. In most cases, this will not apply and no action is needed.

Larger organisations that might, even occasionally, have close to 200 people present should be aware of the legislation and start preparing for its implementation, in 2027.

The requirements for premises holding fewer than 800 people are unlikely to be complex or difficult to meet, but failure could be a criminal offence resulting in a fine of up to £10,000. Under the enhanced duty, fines could stretch to millions of pounds.

While most of our clients will not have to worry about the requirements of Martyn’s Law, any that have any specific concerns and questions can always call the legal helpline for advice and guidance.