Children, Young People and Learning

Children, Young People and Learning Boroug h of Poole

Guidelines:

Safeguarding children when building contractors work in schools, colleges, children’s centres, early years settings and youth centres

(Revised to take account of Keeping Children Safe in Education published by DfE September 2016)

January 2017

Date 14sept2011 27Oct2011

Bournemouth and Poole LSCB Safeguarding in Education Sub Group – FebruaryJanuary 2017 27Feb2011 (inc LSCB comments) Aug2013 post Protection of Freedoms Act 2012 Nov2013 incorporates comments of Poole Cap Team and Safeguarding Panel Sept2016 revision following Keeping Children safe in Education Sept2016 Version discussed with JM Safeguarding Advisor and LADO |Dec16 Version returned by JM with comment from Bournemouth Jan17 Revision in light of above by DG and set in context of a LSCB document Jan17

Bournemouth and Poole LSCB Safeguarding in Education Sub Group – FebruaryJanuary 2017 1. Scope of this guidance document

1.1 Th is gu idan ce is fo r use in schools, college, Early Years and Youth settings premises whe re the Local Authority, school or setting e mp lo ys con tra cto rs f o r p ro je cts su ch a s ne w con stru ctio n, refurbishment, rou tine an d e me rg en cy ma in te nan ce . Th e sa me principles sh ou ld also b e app lied whe re vo lun tee r lab ou r is u sed . This guidance for good safeguarding practices where contractors undertake construction work in schools, academies, early years and youth settings is endorsed by the Bournemouth and Poole LCSB. Similar principles should also be applied for similar work involving volunteer labour.This guidance is for use in schools, Colleges, Early years and youth settings where the Local authority , school or setting employs contractors for projects such as new construction, refurbishment, routine and emergency maintenance. The same principles should also be applied where volunteer labour is used.

1.2 Safeguarding means in this context Protecting children from maltreatment, preventing impairment of children’s health or development, ensuring children grow up in circumstances consistent with the provision of safe and effective care, and taking action to enable all children have the best outcomes. (KCSIE 2016)

1.3 This document deals with safeguarding, and does not deal with matters of health and safety that are covered in the Health and Safety at Work etc Act 1974 and specifically the Construction, Design and Management Regulations 2015 and associated guidance.

2. Objectives

2.1 The objective of this guidance is to ensure that effective measures are in place to safeguard children when construction work, including routine maintenance and emergency repairs are is undertaken at their school, college, children’s centre, youth centre or early years setting (the establishment).

2.2 The Department for Education has issued a guidance document for those who are employed to work with children (Keeping children safe in education: Statutory guidance for schools and colleges), revised ineffective from September 2016. Contractors are referred to in pParagraphs 134-137 summarise the precautions that should be in place where contractors are engaged, when DBS checks are required and the need for supervision. These paragraphs are reproduced in section 3.5 of this document. https://www. gov . uk / gov ernment/publications/ keeping - children - safe-in- education --2

2.3 Guidance for safer working practice for those working with children and young people in education settings October 2015 (Safer recruitment consortium) is also relevant guidance. www.rrrecruitment.com/wp.../ Guidance-for-Safer - Working - Practice -October-2015

2.43 To be effective, Eff ective safeguarding will require measures to be agreed and introduced by the employer of the contractors and the Headteacher or Manager of the establishment that they are working in, on a risk assessment basis. The Designated Safeguarding lead of the establishment should also be involved to advise and monitor the safeguarding arrangements.

3. Principles and Hierarchy of Safeguarding Measures

3.1 Segregation of the contractor’s workplace

3.1.1 The risk of harm to children can be eliminated if contact between contractors’ staff and children can be avoided altogether by normal segregation of work areas for health and safety reasons; i.e. apply the same precautions required by health and safety law, and by providing separate and designated routes to and from the work area..

3.1.2 Segregation can be achieved by physical means, by time or by a combination of both.

3.1.3 For larger building projects, physical separation would normally be achieved by the contractors’ staff working within secure areas behind fencing, hoardings, barriers, etc. Any need for vision screening should be taken into account.

3.1.4 Outside such secure areas, separation can be maintained by restricting the movements of the contractors’ staff to specific areas and at specific times to avoid unsupervised contact at break times and the beginning and end of the day. A senior representative of the contractor should produce a marked up plan that clearly differentiates between the areas under the control of the contractor and those under the control of the establishment. The marked up plan should also provide details of the times that contractor access will be permitted to different areas of the site. The plan should be agreed as part of the pre-start meeting and should be kept up to date through regular communication with the contractor.

3.1.5 For routine maintenance visits or for emergency repairs lasting less than a day, physical separation can be achieved by limiting the movements of contractors to within clearly defined areas and specific times. Where any contact between the contractors’ staff and children is likely, the contractor mustit sh ou ld be supervised by a member of staff.

3.1.6 Where works are to be undertaken outside normal hours then safeguarding measures sh ou ld ta kemust also take account of any child attendance outside of normal hours, e.g. extended day provision, after hour’s clubs and activities at schools during school holidays which may be under the control of an external provider .

3.2 Supervision

3.2.1 Where measures are in place to segregate work areas but there remains a possibility of contact between contractors and children, there mustshould always be supervision by a member of staff from the establishment.

3.2.2 The requirement of supervision can be limited to the times when contact is likely to occur, e.g. at break times, class changeover times and at the beginning and end of the day. It is not necessary to monitor the building works themselves, only any contact that might take place between the contractors’ staff and children.

3.3 Essential work which takes place during the school daywhen children are present

3.3.1 Normally, contractors should work within a segregated area, for reasons of health and safety as well as safeguarding. If you can’t this can not be achieved then achieve a segregated space, the contractors should come back when the children are not there

3.3.2 If you cannot avoid the contractors being thereit is unavoidable that contractors work when the children are in school, then there must be supervision of children by a member of staff from the establishment. must be byT the contractors’ supervisor who mustshould be DBS checked and take responsibility for and supervise any of his/her staff who are not DBS checked.

3.3.3 If the contractor has no person who is DBS checked, any work should be kept to a minimum during the school day e.g. emergency plumbing and supervised by a member of school staff.

3.4 Code of conduct for contractors

3.4.1 To requ ire tha t co ntra cto rs’ e mp lo yee s ob se rve the cod e of con du ct included in th is po licy (see below).It is expected that a reputable contractor will have considered these issues, and have developed their code of conduct when working at schools and similar establishments where children attend.

Appendix 1 contains the LSCB recommendations for a code of conduct for contractor’s employees and these should be followed as a minimum.

3.5 The policies of contractor and the establishment for safeguarding

3.5.1 To requ ire tha t tThe contractor must should provides the establishment with its policy to safeguard children and vulnerable persons at a p la ces wherep la ces where they of work. to the establishment, an d th at th e e stab lish me nt sha re s with the con tra cto r an y issu e s wh ich it fee ls g ive rise to s afeg ua rd ing risks. and

3.5.2 The school will should give a copy of their school safeguarding policy to the contractor

3.5.2 The establishment should have a designated safeguarding lead to provide staff members to carry out their safeguarding duties. He/she should share with the contractor any issues which it feels gives rise to safeguarding risks. must provide the contractor with a copy of their safeguarding policy and discuss this so that it is understood.

3.5.3 The establishment and the contractor must discuss all issues which they consider give rise to potential safeguarding risks and reach an agreement as to how these will be managed.

3.6 Disclosure and Barring Service DBS checks

3.6.1 From Keeping Children Safe in Education (Sept 2016 edition) KCSIE states that para 135. Sschools and colleges should ensure that any contractor, or any employee of the contractor, who is to work at the school or college, has been subject to the appropriate level of DBS check. Contractors engaging in regulated activity will require an enhanced DBS certificate (including barred list information). For all other contractors who are not engaging in regulated activity, but whose work provides them with an opportunity for regular contact with children, an enhanced DBS check (not including barred list information) will be required. In considering whether the contact is regular, it is irrelevant whether the contractor works on a single site or across a number of sites. Para 136. Under no circumstances should a contractor in respect of whom no checks have been obtained be allowed to work unsupervised, or engage in regulated activity. Schools and colleges are responsible for determining the appropriate level of supervision depending on the circumstances. Para 137. If a contractor working at a school or college is self-employed, the school or college should consider obtaining the DBS check, as self-employed people are not able to make an application directly to the DBS on their own account. Para 138. Schools and colleges should always check the identity of contractors and their staff on arrival at the school or college

For a definition of regulated activity see page 24 KCSIE

DBS checks of the contractor’s employees are not required where there is total segregation of the employees from the children e.g. contracted work during a school holiday period , new build

3.7 Code of Conduct for contractors

3.7.1 Th e Co un cil or school ha s aThis guidance includes a code of conduct (Appendix 1) that is to be given to contractors to inform them of what is expected of their employees, and enable any inappropriate behaviour to be recognized and challenged. Failure to observe the code may result in the school or setting to require the contractor to exclude a member of staff from the premises.

This code shall be:

1.a) issued to contractors when quotations or tenders are invited

1.b) stated as a condition of any order for works or building contract.

Additionally, where appropriate, the code should be:

1.c) highlighted in any pre- start meetings

1.d) posted on the building site

1.e) included as part of the contractors’ site safety briefings

1.f) issued to contractors’ staff in the form of a card or displayed in the contractor’s mess room (the ‘Blue Card’ Appendix 1). 3.8 Identification of contractors’ staff

3.8.1 Contractors’ staff should be clearly identifiable and the method of identification should be agreed at a pre-start meeting. Typical methods include:

1.a) ID badges, preferably with photograph, which should be worn while on site

1.b) Contractors own branded workwear.

3.8.2 Identification should only be supplementary to the principal safeguarding measures of segregation and supervision.

3.8.3 Each Contractor should be signed in on entry to the establishment, except where they work in physically segregated areas where the contractor operates its own signing in procedure.

3.9 Risk assessment

3.9.1 The risk assessment should take account of the likely amount of contact that the contractors’ staff might have with children, given the measures to segregate their work space and to supervise children.

3.9.2 Where a contractor’s representative (e.g. site manager or foreman) needs to enter the establishment on a daily basis to liaise with establishment staff, then the normal protocol for visitors should be followed.

4. Assessment of safeguarding risks

4.1 Safeguarding measures should be a scheduled item for a pre-start meeting and agreed with the contractor well in advance of the works starting. This is to enable sufficient time for the school, College, children’s centre, early years setting or youth centre staff to be briefed on the supervision required and on the access arrangements agreed with contractor.

4.2 Where the works are being arranged by the Local Authority, officers should discuss safeguarding risks and how they may be controlled with the Headteacher, children’s centre, early years setting or youth centre manager

. 4.3 Parents should be informed of the works where these are planned rather than emergency and evidence should be made available if requested about how children are being safeguarded.

4.4 All children must be advised of any potential hazards and risks. They should be discouraged from any direct contact with the contractors and advised to report any concerns to a member of the establishment staff. APPENDIX 1

CONTRACTORS IN EDUCATION ESTABLISHMENTS CODE OF CONDUCT

‘BLUE CARD’ for display in contractor’s mess room or issue to contractors’ employees

CONTRACTORS IN EDUCATION ESTABLISHMENTS CODE OF CONDUCT a) Avoid contact with children - specifically do not enter into conversation or exchange contact information with children b) Never be in contact with children without supervision c) Stay within the agreed work area and access routes d) Obtain permission if you need to go outside the agreed work area or access routes. e) Keep staff informed of where you are and what you are doing f)Do not use profane or inappropriate language or express prejudicial or extremist views g) Dress appropriately – shirts to be worn at all times h) Do not use mobile phones or cameras to take photographs of children i)Follow the establishment s’ rules and arrangements for things like fire drills, no smoking on the establishment site

Observe this Code at all times -

 Remember that your actions could be misinterpreted however well they are intentioned.

 If you have any site concerns about children and safe guarding then please speak to your employer, or a senior manager of the establishment that you are working in.

APPENDIX 3: ASSESSMENT OF SAFEGUARDING RISKS: CONTRACTORS WORKING IN EDUCATION SITES

CONTACT WITH CHILDREN RECOMMENDED MEASURES – CONTRATORc ontra c tor RECOMMENDED MEASURES – LA / HEADTEACHER/MANAGER Headteacher/Manager Nil  Clear demarcation of site and/or working times  require contractor to adopt code of conduct e.g. works undertaken on a  contractor to control access to his work area  require contractor to sign in and out of school separate site, during out of  contractor to agree with the clients code of practice premises hours or in holiday periods  contractors’ staff to comply with code of conduct  check contractor staff wear ID on site when no children present  contractors’ staff to sign in and out of premises  contractors’ staff to wear Company ID at all times. A DBS check is not required in these conditions Minimal – establishment As above plus is in operation As above, plus  undertake an assessment of safeguarding where contractors’ work  segregate contractor work area from children’s area and separate risks areas are segregated from access route  ensure segregation arrangements in place children and any contact  su pe rvise wo rke rs  ensure supervision of children where that does occur is  there may be opportunities for contact supervised e.g. new build  An enhanced DBS check of the lead contractors is no t requ ired in with contractors and major repair projects the se co nd itio nscontractor to be undertaken  review and amend arrangements to Regular accommodate any change contractors’ staff who need As above, plus As above, plus to  provide supervision of children where required move within establishment  request contractor’s policies for recruitment areas on regular basis e.g.  Agree work arrangements with school, college,children’s centre, early and child protection Site manager liaising with years setting or youth clubthe establishment and how children will be  Ensure DBS checks are in place segregated or workers supervised establishment on new  require the contractor to pass on any build or major repair  safeguarding concerns they may have to projects,  DBS check to be taken on any contractors whose work provides them m Headteacher/manager service engineers making with an opportunity for regular contact with children , p lu s routine maintenance visits An enhanced DBS (not barring) check to be undertaken with the opportunity to have The Contractor with DBS check to supervise all non checked staff Eunsupervisedssential work contact in with  establishment As above, plus As above, plus occupied areas  Undertake outside establishment hours where possible  ta ke a cco un t ofagree with the contractor the Contractors completing o ssib le work areas required by co ntra cto r him and y d over run work, repair to  Avoid one person working alone where possible any safeguarding risks essential services that has Agree work arrangements with school, college,children’s centre, early  supervision of children to be done in years setting or youth club and how children will be segregated or  DBS checked member of staff to supervise the establishment time workers supervised contractor