The changes to Disqualification under the Childcare Act 2006 have come into effect on 1st September 2018. The key change for schools and private nurseries is the removal of disqualification by association from non-domestic childcare settings. The rules will still apply to domestic childcare providers such as childminders. All documentation issued to employees will therefore need to be revised to reflect this change.
The change has been brought about by feedback to the DfE which raised concerns about the fairness and proportionality of the arrangements on childcare workers in schools and other non-domestic registered settings, specifically the disqualification by association component. The DfE as a result of this set out to consult with stakeholders regarding the Childcare (Disqualification) Regulation which resulted in the above change. You can see the statutory guidance for schools about employing staff who have been disqualified from providing childcare on this link
We recommend that the self-declaration form (where staff meet the criteria) is issued to new starters as a pre-employment check in addition to completing the relevant DBS check (including a barred list check if in regulated activity), and to existing staff annually. Our documentation, which includes a declaration form and covering letter, have now been updated and available for clients to download on our resources page within the “employment checks” section of the portal.
Further to the above guidance, the DfE recommend schools provide an opportunity for staff to discuss issues outside of work that may influence and or impact safeguarding. Schools also need to raise awareness around relationships and associations outside of the workplace that may have implications for the safeguarding of children in schools.
If you have any questions about the changes please do get in touch with your FusionHR Account Manager.
