Childcare Disqualification Appendix 1 Supplementary advice to the “Keeping Children Safe in Education” Statutory Guidance from the DfE was published in October 2014 (please see link below at paragraph 6). The supplementary advice summarises new requirements in relation to childcare disqualification checks to be carried out on staff working in relevant schools and Academies. 

2) The changes derive from the Childcare (Disqualification) Regulations 2009 (the “Regulations”) which in turn arose out of the Childcare Act 2006.

3) In simple terms, the changes mean that staff members working in:

  • early years’ provision (school nursery and reception classes ) or
  • before school settings (e.g. breakfast clubs) or after school provision for children under age 8

a school / Academy will need to sign a declaration confirming that s/he has not been disqualified under the terms of the above legislation.

4) Please note that the Declaration Form is in addition to all of the existing checks such as DBS Checks.

5) The Regulations are effective immediately so our recommendation is that signed copies of the Declaration Form from relevant staff are obtained as soon as possible and copies of those Declarations are kept in a school’s / Academy’s local personal files.

Additional information

6) The relevant legislation for the Keeping Children Safe in Education Supplementary Advice is at:

7) Anyone who is disqualified under the terms of the above Regulations or who lives in the same household as a disqualified person is prohibited from working in a relevant setting which includes relevant schools and Academies. 

8) A disqualified person may apply for a waiver from OFSTED. Further details of the process of applying for a waiver from OFSTED are at:

9) The following categories of staff in nursery, primary or secondary school settings are covered by the Regulations:

  • staff who work in early years’ provision (including teachers and support staff working in school nursery and reception classes);
  • staff working in later years’ provision for children who have not attained the age of 8 (including before school settings, such as breakfast clubs, and after school provision);
  • staff who are directly concerned in the management of early or later years’ provision; the expectation is that this provision would apply to Headteachers.

A school / Academy that includes early years’ and later years’ provision as defined above may want to consider whether staff not working directly in those areas should also be asked to sign a Declaration based on how a school / Academy operates.  For example, staff not working directly in early or later years’ provision may nevertheless come into contact with children under age 8 e.g. in the playground and during school events, covering early years’ classes and to help out generally. 

10) Staff members in secondary schools may be covered where there are before school settings such as breakfast clubs and / or after school provision for children under age 8.

11) Volunteers: we have received advice from the DfE that

“Volunteers are not covered by the Regulations as they only apply to individuals who “work” in the relevant settings.  It will be a matter for schools to decide how they carry out the necessary checks on volunteers who work in the relevant settings.” 

12) Governors: The DfE has confirmed that this requirement only relates to those in employment in childcare and therefore does not apply to governors.

13) Contractors / Agency staff: we have received advice from the DfE that

“It is a matter for individual employers to ensure that persons caring for children are suitable to do so. In the case of workers that are supplied by an agency or third-party organisation, schools must ensure that the agency or organisation has carried out the relevant checks. Where children fall into an age group covered by the Regulations, this will include checks to ensure that those agency workers are not disqualified, including by association.”
Our recommendation is that wherever possible confirmation is obtained from a relevant agency or organisation that any agency worker employed at a school / Academy in a relevant setting has not been disqualified under the terms of the Regulations.  In practice, relevant schools / Academies may often have to ask relevant agency / contract staff to sign a copy of the attached Declaration and keep those details in a school’s / Academy’s local personal files.
14) Single Central Record (SCR): There is not a requirement under the terms of the Regulations for any Disqualification Declaration record to be kept on a school’s / Academy’s Single Central Record.  Nevertheless, a school / Academy may want to insert an additional column to record details of a Disqualification Declaration where applicable.  The SIMS Team will include an additional column for this purpose and will reissue a new SIMS SCR in due course.  Including this information on a school’s SCR may be helpful in that the relevant safeguarding information is kept in a single document.