Childcare Disqualification Regulations – Early Years Staff

23/01/2015

Childcare Disqualification Regulations – Early Years Staff

The Department for Education (DfE) has recently published supplementary guidance to ‘Keeping Children Safe in Education’ updating legal requirements on schools and nurseries concerning the disqualification of people from working with children aged eight or under.

These regulations only apply in England.

PDF LINK

It appears that the government has now interpreted the Childcare Disqualification Regulations 2009 as being applicable to schools and staff working with children aged eight or under are now likely to be asked for further disclosures concerning not just themselves, but also the people that they live with.

Disqualification by Association

The guidance highlights the separate and additional requirements on schools and nurseries placed on them by the Childcare Act 2006 and the Childcare (Disqualification) Regulations 2009.

These include ‘Disqualification by Association’.

This means that staff can be barred from working in a school or nursery if someone who they live with or who works in their household is disqualified from working with children.

The guidance advises schools that they should be asking staff about whether they or anyone who they are living with is disqualified from working with children.

If someone is living with someone who is disqualified from working with children; they too can be disqualified by association.

Staff who are disqualified by association are able to make representations to Ofsted to seek a waiver to allow them to continue to work with young children.

Ofsted have published guidance on applying to waive disqualification.