Disqualification under the Childcare Act 2006 update

03 Sep 2018

As previously confirmed (Disqualification under the Childcare Act 2006 -16 July news item), with effect from 31 August 2018, relevant staff (in schools) will no longer have to make any declaration as to whether a person who lives in the same household is disqualified. This is commonly referred to as 'disqualification by association'.

Relevant staff will still need to make a declaration as new starters that they are, or are not, disqualified under these regulations.

Relevant staff in schools are those staff who work with:

  • Under 5’s
  • Under 8’s in before and after school settings.

Statutory guidance

This guidance should be made available to those staff who are being asked to make a declaration.

Statutory guidance: Disqualification under the Childcare Act 2006 (GOV.UK)

The guidance also leads you to the tables showing the relevant offences which would lead to disqualification.

Declaration form

There is no mandatory requirement to use a signed form to confirm that the check has been carried out by a school but it is our preferred and recommended way of conducting the check.

We have updated the declaration form to take account of these recent changes and a copy of the new form is also attached as a download below.

Schools should record that they have undertaken the check for relevant staff and we advise that an additional column on your single central record is use for this purpose (for information - it is not a statutory requirement to record this check on that document).

If you have any questions please contact us in the Schools HR Consultancy team.

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Last updated: 04 Sep 2018

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