Childcare disqualification requirements

Last reviewed on 14 December 2021
School types: All · School phases: Nursery, Primary
Ref: 5328

Understand the requirements around childcare disqualification, including who it applies to and what your school's responsibilities are.

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Contents

  1. What are the childcare disqualification requirements?
  2. Who do the regulations apply to?
  3. Which offences result in disqualification? 
  4. How would my school know if someone is disqualified?
  5. What should we do if someone is disqualified?

What are the childcare disqualification requirements?

People who have been committed of certain offences are disqualified from providing childcare, or being directly concerned with the management of childcare provision, under the Childcare Regulations 2018.

The 2018 regulations set out the circumstances in which a person will be disqualified, for the purposes of section 75 of the Childcare Act 2006.

Your school must make sure that it's not recruiting, or redeploying, someone who's disqualified into a role that's regulated by the childcare disqualification regulations (more on this in the section below). It's an offence to knowingly do so. 

Who do the regulations apply to?

Early years childcare (birth until 1 September following a child's fifth birthday) 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

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