Disqualifications
A disqualified person under the Childcare Act 2006, and the 2018 Regulations may not:
- provide relevant childcare provision
- be directly concerned in the management of such provision
Schools are prohibited by law from employing a disqualified person in connection with relevant childcare provision unless the individual has been granted a waiver by Ofsted for the role they wish to undertake. We would be committing an offence by contravening this law, unless we could prove that we did not know, and had no reasonable grounds for believing, that the person we employed was disqualified.
The criteria for disqualification include:
- inclusion on the DBS children's barred list
- have committed certain violent and sexual criminal offences
- certain orders made concerning the care of children
- refusal or cancellation of registration relating to childcare. Except if it is in respect of:
- registration with a childminder agency
- the sole reason is the failure to pay a prescribed fee
- children's homes
- prohibited from private fostering
- living in the same household where another disqualified person lives or is employed. Known as disqualification by association. Regulation 9 only applies where there is childcare in domestic settings
- being found to have committed an offence overseas. The offence must constitute an offence regarding disqualification as if committed in the United Kingdom.
We will not employ disqualified persons in relevant roles. We will take the necessary action to ensure this.