In a nutshell an LEA cannot alter the funding provided to a foundation school. It merely passes the total funding on. (Most of the funding comes as central government grant.) The LEA is not the employer or responsible person.
In a community school the LEA passes on the revenue funding but retains responsibility for capital expendiuture. This school budget covers all revenue costs including staff costs, premises repair as well as routine fire and safety matters. eg maintenance of fire alarms etc. The LEA safety people will audit to make sure the schools have done the work so the LEA as responsible person can be confident it has met its duties. If a school does not do what is neccesary the LEA can claw back budget and do the work itself.
An LEA cannot claw back from a Foundation school. Capital works are to be funded from the foundation schools own budget.
The fun and games come when the fire risk assessment in a community school asks for massively improved emergency lighting because of extensive community use of the school after the hours of darkness. Capital expenditure? Revenue expenditure? How loud is the local councillor shouting?
As fear as legal responsibility goes the HSE has issued notices and prosecuted LEAs or governors as an employer under HSW Act. Action against individuals has always named them as a director, manager or similar.
