E) Childcare Disqualification in Schools
The DfE issued updated statutory guidance in August 2018 concerning Disqualification under the Childcare Act 2006 and the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 (“the 2018 regulations”). This confirms that disqualifying criteria apply in respect of appointment to certain posts in some schools.
These are relevant only for individuals appointed to a post in a school where the post involves:
Early years provision: this relates to staff who provide any care for a child up to and including reception age. This includes education in nursery and reception classes or any supervised activity (such as breakfast clubs, lunchtime supervision, and after school care provided by the school) both during the normal school day and outside of school hours for children in the early years age range.
Later years provision (for children under 8): Staff who are employed to work in childcare provided by the school outside of the normal school day for children who are above reception age but who have not attained the age of 8. This does not include education or supervised activity for children above reception age during school hours (including extended school hours for co-curricular learning activities, such as the school’s choir or sports teams) but it does include before-school settings, such as breakfast clubs, and after school provision.
Management of early or later years provision: Staff who are directly concerned in the management of early or later years provision are covered by the legislation. The academy will apply its judgement to determine who is covered, but this would include the headteacher and may include other members of the leadership team and manager, supervisor, leader or volunteer responsible for the day-to-day management of the provision.
Other staff (generally not subject to the disqualifying criteria): Staff who are not employed to directly provide childcare are not covered by the legislation. Similarly, most staff who are only occasionally engaged and are not regularly required to work in relevant childcare will not automatically come within the scope of this legislation. Generally, individuals appointed to the following roles would normally be excluded from the Childcare Disqualification criteria: caretakers, cleaners, drivers, transport escorts, catering staff, office staff.
Disqualification criteria: Specific orders and offences, which will lead to disqualification, are set out in the 2018 regulations. The following is a summary of the criteria:
- 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 which are referred to in regulation 4 and Schedules 2 and 3 of the 2018 regulations
- certain orders made in relation to the care of children which are referred to in regulation 4 and listed at Schedule 1 of the 2018 regulations
- refusal or cancellation of registration relating to childcare (except if the refusal or cancellation of registration is in respect of registration with a child minder agency or the sole reason for refusal or cancellation is failure to pay a prescribed fee under the 2006 act (regulation 4(1) of the 2018 regulations)), or children’s homes, or being prohibited from private fostering , as specified in paragraph 17 of Schedule 1 of the 2018 regulations
- being found to have committed an offence overseas, which would constitute an offence regarding disqualification under the 2018 regulations if it had been committed in any part of the United Kingdom
Note: disqualification by association (i.e. living in the same household where another person who is disqualified lives or is employed, as specified in regulation 9 of the 2018 regulations) does not apply in respect of appointment to posts in schools (i.e. this criteria is only relevant where childcare is provided in domestic settings.
Accordingly, if you are appointed to a position where the Childcare Disqualification criteria apply, the Trust will undertake checks as considered appropriate. Along with a DBS check, this may involve requesting a self-declaration to be made by relevant post-holders covering the following:
- Have any orders or other determinations related to childcare been made in respect of you?
- Have any orders or other determinations related to childcare been made in respect of a child in your care?
- Have any orders or other determinations been made which prevent you from being registered in relation to childcare, children’s homes or fostering?
If you have any queries concerning this potential requirement you are invited to raise these with the AAT Director of Human Resources (email: johnreece@aspirationsacademies.org).