Disqualification by Association Example Letter, Form and Faqs

Appendix D

Model letter and form for shortlisted candidates plus FAQs

Childcare Disqualification Requirements

X School undertake thorough safeguarding checks during the recruitment process as required under the Department for Education’s statutory guidance on ‘Keeping Children Safe in Education’. The Government has recently issued supplementary guidance to this which includes a new requirement for childcare disqualification checks to be carried out on certain groups of staff working in schools.

These arise from the Childcare (Disqualification) Regulations 2009 and the Education Act 2006. The Regulations prohibit anyone who is disqualified themselves or who lives in the same household as a disqualified person, from working in schools.

As the post you have applied and been shortlisted for will be covered by these Regulations, the school is legally required to ensure you are aware of these Regulations and seek to gather sufficient information about whether you are disqualified from working with children or disqualified by association. The responsibility to inform the Headteacher is an ongoing requirement throughout your employment.

This letter, together with the FAQs ensures compliance with the first requirement above. In order to be fully compliant you are asked to advise (using the form attached) the school whether:

a) You have been disqualified from working with children b) Whether to the best of your knowledge, there is anyone in your household who has been disqualified from working with children. The definition of household includes family, lodgers, house-sharers and household employees

The school will be under a duty to act should you confirm your disqualification (including by association) – the details of this are included in the FAQs.

Please be assured the school understands this is a sensitive issue and will treat any information provided with due care and attention. We have never in the past been asked to take this sort of check on prospective employees but we must apply the DfE requirements.

Please complete and return the form below in a confidential envelope addressed to the Headteacher when you come to the school for your interview/prior to the interview.

Yours sincerely

Headteacher

Encl: Childcare Disqualification Requirements form for shortlisted candidates FAQs

of 4 Restricted when complete.

X School

Childcare Disqualification Requirements form for shortlisted candidates (to be issued with letter and FAQs)

Name: ______

Post applied for: ______

School: ______

Date: ______

a) Have you been disqualified from working with children? YES / NO b) To the best of your knowledge, is there anyone in your household who has been disqualified from YES / NO working with children. The definition of household includes family, lodgers, house-sharers and household employees.

Form to be returned to the Headteacher is an envelope marked as confidential prior to the interview.

of 4 FAQs for shortlisted candidates

1. Who is covered by these Regulations?

The Regulations cover staff working in the following settings if they are employed and/or provide early years childcare (this includes from birth until 1 September following a child’s fifth birthday i.e. up to and including reception age) or later years childcare (this covers children above reception age but who have not attained the age of 8) in nursery, primary or secondary school settings, or if they are directly concerned with the management of such childcare.

This includes:

 Early year’s provision - staff who provide any care for a child up to and including reception age. This includes education in nursery and reception classes and/or any supervised activity (such as breakfast clubs, lunchtime supervision and after school care provided by the school) both during and outside of school hours.

 Later years provision (for children under 8) - staff who are employed to work in childcare provided by the school outside of school hours for children who are above reception age but who have not attained the age of 8 – this includes before school settings, such as breakfast clubs, and after school provision.

 Staff who are directly concerned in the management of the above settings – including headteacher, members of the leadership team, supervisor, leader or volunteer responsible for the day to day management of the provision.

2. Am I expected to ask those in the same householder whether they’re disqualified from working with children?

There is no requirement for this. You are asked to declare “to the best of your knowledge” – this declaration can be accepted by the school at face value.

3. How can the school do checks on ‘householders’?

It is not the employer’s role to carry out a check on individuals other than those they employ, however employers should have effective systems in place to ensure that staff are suitable to work in childcare. Employees should be asked to provide the necessary information about any person who lives in the same household as them.

4. Where a care order was put in place in respect of someone’s children because of the actions of their partner, and the care order is no longer in place or the partner is no longer living in the household – is this covered by the Regulations?

If the care order has been removed or the partner is no longer living at the household, then these individuals would not be covered by the Regulations. If the partner moved back into the household then the Regulations would apply again.

5. Where are the disclosable offences set out?

The key offences are those that result in a caution (including reprimands/ warnings/ youth cautions) issued post 2007 (see below) or conviction and relate to:

of 4  any offences by an adult against or involving children  any sexual offence by an adult or a child against an adult or a child  murder, manslaughter, kidnapping, false imprisonment, ABH or GBH

The DfE have clarified that anyone who was issued with a relevant caution (including reprimands/warnings) before 6 April 2007 is NOT disqualified.

Full details of the relevant offences can be found: www.gov.uk/government/uploads/system/uploads/attachment_data/file/414345/disqual_stat- guidance_Feb_15__3_.pdf

6. What if a person is not sure whether they have a relevant offence?

We would advise declaration of anything that they think may be relevant and schools can seek advice from the HR Team.

7. What happens if I fall within the disqualification criteria?

You will be asked to complete a waiver that will be considered by Ofsted. Whilst a waiver application is under consideration schools will need to decide whether it is appropriate to redeploy you elsewhere in the school, or make adjustments to your role to avoid you from working in relevant childcare.

8. How long will it take to process an application for a disqualification waiver?

It is a matter for OFSTED as they have the responsibility for granting a waiver or not. The time it will take to process a waiver application will undoubtedly vary from case-to case; whilst many should be straightforward, others will unfortunately be more complex and take time to resolve.

9. What constitutes childcare outside of the normal school day?

Child care includes breakfast clubs, homework clubs, nursery and crèche provision provided by the school. Where activities are run by other providers on school premises but not managed by the school (e.g. lettings, football clubs etc ), these are not covered as they are not child care provision.

10. How these Regulations sit with the Data Protection Act, particularly in respect of sensitive personal data relating to someone not employed in the school (i.e. a householder) and the school passing information to OFSTED?

The DfE indicates that information must be processed in accordance with the Data Protection Act. The Childcare (Disqualification) Regulations require employers to pass information to OFSTED and such statutory duties are allowed under the Data Protection Act. Schools must handle and store all information in school carefully, in accordance with normal Data Protection rules.