No. 18: Disqualification under the Childcare Act

What’s new?

Disqualification Under the Childcare Act 2006 replaces the previous Disqualification by Association guidance (KCSiE September 2016).

KCSiE September 2022: Childcare disqualification

232. all schools and colleges providing childcare71 must ensure that appropriate checks are carried out to ensure that individuals employed to work in reception classes, or in wraparound care for children up to the age of 8, are not disqualified from working in these settings under the 2018 Childcare Disqualification Regulations.

Disqualification by Association now only applies in domestic settings not schools.

This means that the disqualification check is still relevant for those who work in schools, but it no longer applies to persons they live with.

Who is covered by the new legislation

All relevant staff who work in childcare, including primary schools, nurseries and other registered settings, such as childcare provision on college sites.
Those staff in a management role of those staff
- Working with reception age children
- Working with children older than reception up to the age of 8 outside of normal school hours (before and after school clubs)

Who is not covered by the new legislation

In general individuals undertaking the following roles would normally be excluded: caretakers, cleaners, drivers, transport escorts, catering staff, office staff

Examples

A teacher of a year 3 class runs a football club after school NOT COVERED
A teacher regularly covers absence at the after-school club COVERED
A school nurse undertaking height and weight checks NOT COVERED
The Key Stage 2 Lead on the SLT COVERED (as part of the school Management)
A KS3 geography teacher is taking a group of children out on a field trip NOT COVERED (it is not required for secondary staff to self-declare under the new legislation)
An administrator after leaving a message with a member of staff running the breakfast club is asked to stay for a few minutes whilst the club leader leaves the room. NOT COVERED

Best practice

Minute Governor/ Trustee decision on which staff are required to complete Disqualification Under the Childcare Act 2006 and include the reasoning for judgement, (Decision should avoid the self-declaration ‘just in case’ scenario)
Ensure staff are informed of the changes to legislation and who this will effect
Record and identify the staff/volunteers and work placements which are covered by the Disqualification Under the Childcare Act 2006
Request staff identified to complete a self-declaration form. This form is not mandatory; DBS update service or enhanced DBS certificate can confirm
Record the Disqualification under the Childcare Act 2006 self-declaration on the SCR
Retain completed forms in personnel files
Ensure that staff are given the opportunity annually to inform school should their circumstances change e.g. incorporate a prompt into the staff appraisal cycles and/or academic year welcome information packs, add statement to Code of Conduct
Review any historic data and destroy any information that is no longer required (e.g. past completed Disqualification by Association forms) seek the advice of your DPO
Induction procedures should include the completion of self-declaration form (if required for role)

Key documents for more information

Helpful contacts

Department for Education by email to mailbox.disqualification@education.gov.uk or phone 01325 340 409
Devon County Council, Safer Recruitment Service 01392 381033

Contents

Document resources