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Important changes to Childcare Disqualification Regulations 

 We have recently received supplementary advice to the “Keeping Children Safe” legislation.

All local authorities have received Statutory Guidance from the DfE detailing a new requirement for childcare disqualification checks to be carried out on relevant staff working in schools and academies. These checks arise from the Childcare (Disqualification) Regulations 2009, which in turn arose out of the Education Act 2006.

The Regulations prohibit anyone who is disqualified themselves under the Regulations, or who lives in the same household as a disqualified person, from working in a relevant settings, including in schools.

What are relevant staff and relevant settings?

 The Regulations refer to employing a person “in connection with” these provisions;

  • In Infant and Nursery Schools – All staff will be covered
  • Primary/Junior Schools – All staff are covered as it is unlikely in such settings that staff are always exclusively working with those over the age of 8.
  • Secondary Schools – will need to undertake checks on relevant staff (including managers) where any services are provided where under 8s may be in attendance e.g. childcare facilities, before or after school clubs.
  • Volunteers are not covered by statute but it is recommended they are checked in the same way as employees.
  • Shortly, if not already, all staff in these provisions will be required to fill these forms in. These forms are in addition to the DBS checks that already take place.

If you require any further advice, assistance or would like our officers to visit your workplace to discuss these changes please contact branch office on 0121 569 5990/5992 to speak with our education officers.

Alternatively you may wish to contact by email

Posted: 3rd February 2015

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