Disqualification under the Childcare Act 2006
Disqualification under the Childcare Act 2006:
Please click here to see the latest published statutory guidance for Local Authorities, Maintained Schools, Academies and Free Schools regarding Disqualification by Association.
About this guidance:
This is statutory guidance from the Department for Education on the application of the Childcare (Disqualification) Regulations 2009 and related obligations under the Childcare Act 2006 in schools. Schools and Local Authorities must have regard to it when carrying out their duties to safeguard and promote the welfare of children.
This guidance replaces the supplementary advice that was issued by the Department for Education on 10 October 2014.
The guidance sets out:
- The responsibilities of Local Authorities and Schools.
- What Local Authorities and Schools need to do to comply with the legislation.
- Who is covered – including the implications for staff who live in the same household where a disqualified person lives or is employed.
- The circumstances where staff should be directed to apply to Ofsted to waive disqualification.
The criteria for disqualification under the 2006 Act and 2009 Regulations include those set out in the list below:
- Inclusion on the Disclosure and Barring Service (DBS) Children’s Barred List.
- Being found to have committed certain violent and sexual criminal offences against children and adults.
- Certain orders made in relation to the care of children which are referred to in regulation 4 and listed at Schedule 1 of the 2009 Regulations.
- Refusal or cancellation of registration relating to childcare, or children’s homes, or being prohibited from private fosteringas specified in Schedule 1 of the 2009 Regulations.
- Living in the same household where another person who is disqualified lives or is employed (disqualification ‘by association’) as specified in Regulation 9 of the 2009 Regulations.
- Being found to have committed an offence overseas which would constitute an offence regarding disqualification under the 2009 Regulations if it had been done in any part of the United Kingdom.