Request
Under the FOI Law I would like to request the following:
In regard to states run / funded schools, (secondary, primary nursery etc.)
In relation to maintenance do the tradesmen / workforce undergo any vetting process eg Criminal background check before entering said building?
If so I would like to know how many checks have taken place in the past two years broken down into school type (not name) how many criminals have entered said school and broken down into which crime eg assault 30, drug dealing 10 and so on.
If this extends over the time scale allowed I would like you to work from the 1st to last question until the time limit is reached.
Response
When Jersey Property Holdings undertook the “Mandatory & Cyclical Maintenance Contractor” tender process in 2015 the “Preliminary” documentation stated the following: “Ensure that all operatives have a clear Criminal Record and make this information available for viewing for each operative to the Client as requested. The Client reserves the right to refuse any employee/operative as a result of a failed record. Update this information as required”.
Within Jersey Property Holdings’ “Approved Contractors” application form there is the following question: “Is the Applicant (and all companies within the Consortium) willing to take measures to ensure that all Employees, that undertake works arising from the approval process, will have given the Applicant (or all companies within their Consortium) their prior consent to them being subjected to personnel and employment checks relating to their criminal records (it being confirmed that such checks being completed in full accordance with the terms and conditions of Schedule 3 of the Data Protection (Jersey) Law 2005, and being conducted by a reputable organisation such as Criminal Records Bureau or Disclosure Scotland, for example)?”
All successful “Approved Contractors” confirmed their agreement within their tender returns to acknowledge the required process and ensure this was undertaken to ensure safeguarding of all property users.
No specific checks have been undertaken in the past two years, as they have not been deemed necessary due to the strict processes and procedures that are in place.
All departments of the States of Jersey work closely together to ensure the safety of property users, especially children and young adults. The Education Department has a very strict contractor property accessibility process and procedure for undertaking works on their premises and this is predominantly outside of school occupation timeframe, where students are not occupying the premises.
The contractors are also escorted around the property, regardless of access timeframes, and this ensures supervision is maintained at all times during the working activities. If the scheduled works are intrusive to the schools’ occupational functionality then the works are scheduled to be undertaken outside of normal working hours, after 5:00pm or on a weekend.
Details of contractors’ individual staff members cannot be disclosed as the information is not held by or disclosed to the States of Jersey, and is absolutely exempt information under Article 25 (personal information) of the Freedom of Information (Jersey) Law 2011.
Exemption applied
Article 25 Personal information
(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the “Data Protection (Jersey) Law 2005”.
(2) Information is absolutely exempt information if –
(a) it constitutes personal data of which the applicant is not the data subject as defined in the “Data Protection (Jersey) Law 2005”; and
(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.
