Could Your Opening Window Safety Policy Leave You Legally Exposed?

Submitted by Kate on

A window restrictor may seem like a small detail. However, when it comes to protecting residents from falls, the incorrect specification can have serious consequences.

window safety

With the latest Housing Health and Safety Rating System (HHSRS) guidance placing greater focus on Falls Between Levels, now is the time for housing providers to review their opening window safety measures and assess what the updated guidance means, and is having a restrictor fitted adequate.

The HHSRS provides a useful reminder that housing safety is about identifying and managing risk, rather than simply ticking off products or features. HHSRS covers 21 potential hazards, including Falls Between Levels: falls from one level to another, such as through a window where guarding or edge protection is too low or defective.

This guidance also introduces Baseline Indicators, which provide a starting point for considering whether a property provides appropriate protection for health, safety and wellbeing. While these indicators are not legal requirements in themselves, the guidance states that where a home does not provide the measures identified, it is likely to contain a hazard. Under the Guards indicator, all opening windows above ground floor should have wide-open window restrictors fitted, leading to the conclusion that no restrictor means a breach. However, this is not necessarily the case. A breach relates to a failure to comply with a legal requirement, while an HHSRS deficiency may contribute to a hazard, with risk assessed according to the likelihood and potential seriousness of harm.

The important question is whether the window safety measure in place is suitable. A restrictor needs to be appropriate for the window, correctly installed and securely fixed. Window type, configuration, opening size, location, building use and surrounding environment can all influence the right solution. Existing restrictors should also be checked for damage, tampering or deterioration.

A guide to choosing the right window restrictor

This is where the cost of the product and product lifecycle become important. We understand that budgets are under increasing pressure, however, window safety is a purchase that’s fit for purpose. If a faulty or unsuitable restrictor contributes to a serious incident, the consequences could extend far beyond the cost of installation, involving legal action, significant financial penalties and lasting reputational damage. Housing providers need to be confident that the products they specify and install are going to ensure resident safety.

Jackloc restrictors are supplied as standard with exclusive clutch-head grade 4 security screws, designed to provide a secure, tamper-resistant fixing. When Jackloc products are installed using the supplied security screws, they are backed by a 10-year guarantee. A robust solution can support a longer product lifecycle and reduce the need for repeat repairs and replacements.
 

window safety

For housing associations and local authorities, avoiding repeat visits can also have a practical benefit. Accessing occupied properties can be time-consuming and disruptive, so ensuring the specification and installation will reduce maintenance costs and support a consistent approach across a housing portfolio.

This is particularly relevant as Awaab’s Law Phase 2 comes into force on 30 November 2026, bringing additional requirements around hazards in social housing, including Falls Between Levels. Together, the HHSRS update and Awaab’s Law provide a timely opportunity to review how opening window safety is specified and managed.

window safety

Assessing the risk, not just the restrictor
For organisations managing varied properties, a one-size-fits-all approach will not suffice. A Jackloc window safety survey can help housing providers understand what is currently in place and whether it satisfies the required standards. The Jackloc surveys can be carried out in person or remotely via video call, considering the window configuration, existing safety measures and surrounding environment before recommending the most appropriate restrictor.

The objective is not simply to establish whether a restrictor is present, but whether the risk has been properly considered and the correct safety measure is implemented.

To discuss a window safety survey with Jackloc, contact the team and quote “SURVEY”.
www.jackloc.com 
sales@jackloc.com
01455 220616
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