The updated document is entitled: The Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. This replaces the last (and current version until 30th August 2018) and outlines schools and academies statutory obligations under the Childcare Act 2006. The 2018 Regulations are made under Section 75 of the Childcare Act 2006. They set out the circumstances in which an individual will be disqualified for the purposes of Section 75 of the act. A person who is disqualified may not: Provide relevant childcare provision; or Be directly concerned with the management of such provision Schools are prohibited from employing a disqualified person in connection with relevant childcare provision as follows: Who is covered under the regulations? The rules in relation to disqualification apply to the following: - Staff working directly with children under 5 years of age within the Early Years Foundation Stage Those providing around’ care (after school and breakfast clubs) with children ‘wrap up to 8 years of age. The legislation applies to agency or third party organisations, volunteers and casual staff and those on work experience as well as staff employed by a school. Where staff are engaged via an agency the obligation to have fulfilled the requirements of the legislation is on the agency that employs them. Schools must obtain confirmation that agencies have done so. During School Hours Outside School Hours* Reception age or younger Covered Covered Older than Reception age Not Covered Covered until age 8 8 years or older Not Covered Not Covered *Outside school hours does not include school clubs e.g. Choir or sports team, but does include breakfast clubs or after-school provision. Staff such as caretakers, cleaners, drivers, transport escorts, catering and office staff, who are not employed to directly provide childcare, are NOT covered by the legislation. With regards to self- employed persons (e.g. Music teacher or sports coach) the School must ensure that they are compliant with the requirements of the legislation in this guidance.
The updated document is entitled: The Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018. This replaces the last (and current version until 30th August 2018) and outlines schools and academies statutory obligations under the Childcare Act 2006. The 2018 Regulations are made under Section 75 of the Childcare Act 2006. They set out the circumstances in which an individual will be disqualified for the purposes of Section 75 of the act. A person who is disqualified may not: Provide relevant childcare provision; or Be directly concerned with the management of such provision Schools are prohibited from employing a disqualified person in connection with relevant childcare provision as follows: Who is covered under the regulations? The rules in relation to disqualification apply to the following: - Staff working directly with children under 5 years of age within the Early Years Foundation Stage Those providing ‘wrap around’ care (after school and breakfast clubs) with children up to 8 years of age. The legislation applies to agency or third party organisations, volunteers and casual staff and those on work experience as well as staff employed by a school. Where staff are engaged via an agency the obligation to have fulfilled the requirements of the legislation is on the agency that employs them. Schools must obtain confirmation that agencies have done so. During School Hours Outside School Hours* Reception age or younger Covered Covered Older than Reception age until age 8 Not Covered Covered 8 years or older Not Covered Not Covered *Outside school hours does not include school clubs e.g. Choir or sports team, but does include breakfast clubs or after-school provision. Staff such as caretakers, cleaners, drivers, transport escorts, catering and office staff, who are not employed to directly provide childcare, are NOT covered by the legislation. With regards to self- employed persons (e.g. Music teacher or sports coach) the School must ensure that they are compliant with the requirements of the legislation in this guidance.
Childcare_Disqualification_Requirements_-_Guidance_Note_September_2018_r....docx