27 Sep 2018
As schools are no longer covered by the disqualification by association regulations the school’s responsibilities in this area are reduced. A school cannot employ someone to work in a childcare setting who is disqualified from childcare.
A school which has a nursery or reception class, or which has before or after school childcare provision (not including things like sports clubs) which provides care for children under 8 years of age, needs to be aware of the regulations. Such a school will have to ensure that any staff who are responsible for childcare in these settings (including nursery and reception teachers) have confirmed that they are not disqualified from childcare. This also applies to any member of staff involved in managing such a setting, this would include the headteacher and anyone who is regularly and directly involved in managing the childcare.
There is no need for staff to be asked to complete a form, in fact, it is probably safer in terms of GDPR not to use a form. The fact that the question has been asked and an answer given, plus the date of this should be recorded. Most schools will record this on their single central register. In terms of data protection, other staff not involved in the childcare should not be asked this question.
This will involve some existing staff who change year group being asked the question for the first time even though they may have been employed in the school for some time.
In practice most of the offences that would lead to childcare disqualification would also appear on the DBS check, however, childcare disqualification could happen as a result of children being given a care order or being taken into care. This would not automatically come up on a DBS check.
Schools should ensure that they have consulted the government guidance on the link below.