During my time at School X another issue of concern came to light – CRB checking of contract cleaners. School X have a number of cleaners who are employed by a company rather than the school. I raised a concern about these contracted cleaners when I went to lock up the school site I was nearly always confronted with a new face. I requested from my Line Manager a list of who they were and how many people were on site. The main concern was if they were C.R.B checked, and who was on site in case of emergency. I never received a response. While I was trying to get answers about the toilet facilities in schools I asked about CRB checking for contract staff, again here are some extracts from that correspondence:
(Email between myself, Nickie Brander (ERIC) and a Children’s Safeguarding Policy Officer)
‘Below is the reply I got from X of the Children's Safeguards Policy Unit. It would appear that it is good practice rather than mandatory for contracted cleaners to be CRB checked.(....)
Nickie’
‘In terms of cleaners in schools, as best practice we would expect them to have a CRB check. The issue of whether or not they legally require a CRB check depends on their employment status. If they are directly employed by a school then they are classed as school staff and are legally required to have CRB checks.
If however they are supplied by a contractor, then the requirement for a CRB check should be built into the contract. It would be best practice for contract managers to build in a requirement to have CRB checks done
A copy of the guidance is available to download at www.teachernet.gov.uk/childprotection
Paragraph 4.75 of this guidance, headed PFI and Other Contractors states that “PFI contract staff , for example caretakers and catering staff, must be checked by the contractor in the same way as school employees (i.e. including a CRB Disclosure), and such requirements form part of the contract.
The outcome of such checks must be notified to the local authority. The contractor is also responsible for ensuring that the same procedures are followed by any sub contractors. The contractor must provide the local authority with a list of its direct employees and those of any sub contractors at least 20 working days before they start work on site.”
If cleaners have not been recruited following safer recruitment principles then school managers should ensure that they are not left on their own with children.’
Dear X - of the Children's Safeguards Policy Unit
After considering your response I came to the conclusion that governing bodies like yourselves appear out of reach and completely out of touch. In order to fully perceive the potential child protection and safeguarding risks it may be an idea to do some surprise school visits.
Contracted Cleaning companies who are employed to clean any establishment, schools and factories etc are trusted to show good practice. It appears by your statement that it is not mandatory for them to carry out CRB checks on their staff. These companies run on turnover and as such may not be interested in “good practice” but saving time, cutting corners and making profits. (....)
As both a parent and a member of staff I feel that children have a right to well maintained and hygienic toilets. Maintenance and cleaning staff should be trained properly and know the regulations that are required. All persons coming into contact with children should have a completed CRB check.
Yours Sincerely
R
‘Dear R
We would expect all staff newly employed in schools to have an enhanced CRB Disclosure as required by the School Staffing (England) (Amendment) (No 2) Regulations 2006. Staff supplied under cleaning contracts for schools should undergo appropriate checks, including an enhanced CRB Dislosure if the nature and hours of work mean that they come into contact with children. Guidance on background checks for school staff and contractors is set out in Chapter 4 of Safeguarding Children and Safer Recruitment in Education which came into force in January 2007.
A copy of this guidance can be downloaded from www.teachernet.gov.uk/childprotection.
We would also expect all schools to maintain a clean and hygienic environment for children and staff in line with their responsibility to safeguard and promote welfare, either under health and safety requirements or under the requirements of section 175 of the Education Act 2002.
Yours sincerely,
X
CHILD PROTECTION DIVISION’
(Email from Nickie Brander)
‘I’ve had a look at this link www.teachernet.gov.uk/childprotection. and the most appropriate sections are 4.23 and 4.75. 4.23 specifically mention contract cleaners but say they don’t need CRB clearance if they work before/after school when they don’t come into contact with the children. If they do, then the contractor is also responsible for ensuring the same procedures for CRB checks are followed out by any sub-contractors. You might want to bring these to the attention of the LA’
It causes me huge concern that contract cleaners do not legally have to be CRB checked as they are not employed directly by the school. Even the after hours cleaners can easily come into contact with children attending after school clubs or events, and even if they don’t then they still have access to potentially delicate information contained within the school.
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