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'Unfair' disqualification rules for nursery staff removed

Wed, 04/07/2018

The Government has removed the disqualification by association rule for childcare practitioners in non-domestic settings and schools.

Following a public consultation between May-July 2016, the Department for Education has removed the rule banning early years staff from working with children in non-domestic settings and schools because of who they live with. The changes will come into effect from September. 

A decision on the consultation has been long awaited as the Government was due to publish its response in the summer of 2016. 

Under current legislation, an individual living with someone convicted or cautioned for a violent or sexual offence is disqualified from working with children. This applies to household members such as partners, children, including foster children, flatmates and lodgers.

Practitioners are able to apply for a waiver from Ofsted, but it can take weeks to be processed by the inspectorate, causing difficulties for staff and settings who do not pose a risk.

The automatic ban was enforced in February 2015 and received heavy criticism from the early years sector who branded it ‘unfair’, ‘ineffective’ and ‘unclear’.

Find out more.  

Read the government response to the consultation.