Disqualification by Association

19th September 2018

The outcome of the government consultation about ‘Disqualification by Association’ was published towards the end of the summer term. The guidance was updated again on the 31st August 2018 and came into force on 3rd September 2018. A change in the law means that Disqualification by Association will only apply on domestic premises. However, Disqualification under the Childcare Act 2006, still applies to staff themselves.

On Disqualification by Association, the 2018 statutory guidance from the Department for Education States:

“Under the 2018 regulations, schools are no longer required to establish whether a member of staff providing, or employed to work in childcare, is disqualified by association. Regulation 9 does not apply to staff in a relevant school setting. ………… Accordingly, schools are not entitled to ask their staff questions about cautions or convictions of someone living or working in their household. Schools should review their staffing policies and safer recruitment procedures, and make changes accordingly.

Schools must no longer ask about the cautions or convictions of someone living or working in their household.

 Main Points

Disqualification by Association now only applies in domestic settings, not schools.  However, disqualification under the Child Care Act still applies to staff themselves who work in a child care capacity, whether paid, volunteer or are on work placements.

Relevant staff are those working in child care, or in a management role because they are: working with reception age children at any time; or working with children older than reception until age eight, outside school hours.

Keeping Children Safe in Education (DfE, 2018) paragraph 116 also refers to disqualification: “For staff who work in childcare provision or who are directly concerned with the management of such provision, the school needs to ensure that appropriate checks are carried out to ensure that individuals are not disqualified under the Childcare (Disqualification) Regulations 2009”.

Schools are free to decide how to bring these requirements to the attention of their staff. As a means of making staff aware of their duty to provide such information, they may, for example, choose to include a section in the school’s safeguarding policy, or another policy document, or by means of an addition to new staff members’ contracts of employment. Schools should draw this guidance to the attention of their staff and the information provided by Ofsted referenced in this guidance.

For new staff the normal enhanced DBS screening process should provide this information. For existing staff, schools may consider using the DBS update service to verify self-declarations. All staff should be reminded of their responsibility to inform the school of any changes to their circumstances that the school should be made aware of.

Schools will need to review any historic data collected and destroy any information which is no longer required.

Ofsted will check the management of Disqualification under the Childcare Act as part of their routine school inspection process.

What should schools do

1. Inform staff of the changes, and record the date that they were informed; a letter, or email might be best.
2. Ensure that this information is included in the Safeguarding and Child Protection Policy; and in the Safer Recruitment Policy.
3. Identify and record which staff are covered by Disqualification under the Childcare Act 2006 (including volunteers and people on work placements).
4. Ask relevant staff to self-declare that they are not Disqualified under the Childcare Act 2006. (A form is not necessary). [An Enhanced DBS Certificate will confirm this for new staff; for existing employees’ schools could consider using the DBS Update Service to supplement any employee self-declaration.]
5. Remind all staff about the expectation to inform the school where their relationships and associations, both within and outside of the workplace (including online), may have implications for the safeguarding of children in the school.
6. Remind all staff that if their circumstances change they must inform the school. (Decide where to put this in writing: Staff Code of Conduct and/or in staff contracts.)
7. Decide whether these self-declarations will be kept on the Single Central Register, or elsewhere.
8. Review any historic data collected and destroy any information which is no longer required.

The government legislation can be found at:

https://www.gov.uk/government/publications/disqualification-under-the-childcare-act-2006