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Urgent- self employed peri's in school

Discussion in 'Music' started by bee12399, Sep 2, 2011.

  1. Having a nightmare start to the term!
    Please can you let me know how some of you have gained CRB clearance for Peri's coming into your school on a self employed basis as school is saying they cannot apply as they are not employing them and individuals cannot apply for a CRB check.....

    HELP!
     
  2. Having a nightmare start to the term!
    Please can you let me know how some of you have gained CRB clearance for Peri's coming into your school on a self employed basis as school is saying they cannot apply as they are not employing them and individuals cannot apply for a CRB check.....

    HELP!
     
  3. florian gassmann

    florian gassmann Star commenter

    I believe that the Musicians' Union and the ISM can advise their members on umbrella organizations that will submit CRB requests on behalf of freelance music teachers.
     
  4. v12

    v12

    Self-employed or not, surely they are still being employed by the school - just not being paid by them.
     
  5. bod99

    bod99 New commenter

    yep - school's responsibility.

     
  6. florian gassmann

    florian gassmann Star commenter

    I think the OP is indicating that the peris are invoicing, and being paid directly by, the parents - as is common in many schools.
    In such a case, the contract is between the peri and the parent. The school is merely allowing its premises to be used for the teaching (for which it may or may not make a charge).

     
  7. If the school is allowing an adult to come into and use its buildings during the school day to teach the pupils then it is the school's responsibility to organise the CRB. At the end of the day if something did happen then the school would be responsible in the same way it is with directly employed staff.
     
  8. Crowbob

    Crowbob Established commenter

    The school can (and should be) responsible for checking that such an adult has had the checks. I am not so sure it is the school's responsibility to organise the CRB.
     
  9. We use self-employed peri's. The school carries out a CRB check but charges the teacher for it. IT is the schools responsibility.
     
  10. I agree. It is the schools responsibility. The school is in loco parentis during the school day and is allowing peris in to teach named pupils.
     
  11. One of the good reasons to use a respected Music Service I would have though....
     
  12. florian gassmann

    florian gassmann Star commenter

    That is exactly the legal position.
    The employer is responsible for obtaining the CRB clearance. If the school is not the direct employer, then it is up to the headteacher to be satisfied that clearance has been obtained.
    It is no different to the situation when employing cover staff from an agency. The HT does not have to apply for CRB clearance for such staff, the HT merely has to be satisfied that the staff supplied have been cleared by the CRB. Production of the necessary certificate is normally deemed to be sufficient.

     
  13. But FG you are not comparing like with like. Cover staff from an agency are employed by the agency and so the agency is responsible for their staff. An instrumental teacher is self employed and that teacher and that teacher only is allowed into the school by the HT of the school. In that case the school is responsible for getting the CRB. They are entitled to ask the teacher to pay for it but if anything were to happen they would be responsible for the fact that that person was on the premises.
     
  14. florian gassmann

    florian gassmann Star commenter

    Indeed. But that is why umbrella organizations such as the ISM/MU and even the ABRSM are allowed to provide CRB certification for the self-employed.
    That may be the position taken by some schools and LAs, but the legal position is set out at
    http://www.crb.homeoffice.gov.uk/guidance/rb_guidance/portability.aspx
    This says that a CRB check provided through an umbrella organisation, such as the Musicians Union, can be accepted by another employer (e.g. a school) - but it is at that employer's risk. I can understand why some schools may decide not to take any risk at all, and insist on the school itself (rather than the MU) being named on the certificate.
    However, I know of no school which insists that Ofsted inspectors (who, under the old regime, could easily spend 40 hours in a school) have an individual CRB check for the school concerned - they just accept the CRB provided by the umbrella organization (Ofsted).
    Similarly, as an examiner, my own CRB enhanced certificate is supplied through the ABRSM, and I have never had that queried by a school, even though the school is not named on the certificate.
    Umbrella organizations such as the ISM/MU were allowed to apply for CRB checks on behalf of their members because of the nonsense of, say, a self-employed oboe teacher having to provide 12 identical checks because they work for an hour or so in 12 different schools during the week
    Indeed, an oboe teacher working for an hour a week in a school might well spend less time in the school than an Ofsted inspector or AB examiner, neither of whom are required to have an individualized certificate for the school concerned in my experience.
    However, as I understand it, it is entirely up to the HT to be satisfied on CRB matters, and they would be within their rights to turn away Ofsted inspectors or music examiners if they really wanted to insist on a school-specific CRB. I've never known it happen, though.
     

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