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<p>On 26 February we published ‘Disqualification under the Childcare Act 2006’ statutory
guidance for schools: <a href="https://www.gov.uk/government/publications/disqualification-under-the-childcare-act-2006"
target="_blank">https://www.gov.uk/government/publications/disqualification-under-the-childcare-act-2006</a>.</p><p>
</p><p> </p><p> </p><p>This new guidance clarifies the circumstances in which the
provisions of the Childcare (Disqualification) Regulations 2009 apply to school staff.
It also supports schools to take appropriate action to ensure that school staff do
not work in circumstances that are in breach of those Regulations. It makes clear
that where staff are disqualified schools may redeploy them or make changes to their
duties. This discretion allows many of those staff affected by the Regulations to
continue to work in schools while an application is made to Ofsted for a waiver of
disqualification.</p><p> </p><p>The childcare disqualification arrangements are not
new and have never applied exclusively to child-minders and day care providers. They
apply to all staff providing childcare, including in schools. These arrangements help
to ensure that children in the most vulnerable age groups, those who are potentially
at greatest risk, are protected regardless of the setting in which childcare is provided.</p><p>In
schools they prevent staff who have been cautioned or convicted for certain serious
offences, from providing childcare:</p><p> </p><ul><li><p>for children up to the age
of five years before, during, or after school hours; and</p></li><li><p>for children
aged up to eight years of age before and after school hours.</p><p> </p><p>School
staff are also prevented from providing childcare if they reside in a household where
another person who has been cautioned or convicted for such an offence lives or is
employed.</p><p> </p></li></ul><p> </p><p>The new statutory guidance replaces the
Department’s earlier advice on this subject, published in October 2014 as a supplement
to ‘Keeping children safe in education’, and is a direct response to requests for
additional information to help schools make appropriate and robust decisions should
these matters arise.</p><p> </p><p> </p><p> </p><p>The guidance has been developed
in consultation with a range of stakeholders who have expertise and experience in
child safeguarding matters, including children’s safeguarding organisations, employer
representative bodies, trade unions and local authorities.</p><p> </p><p> </p><p>
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