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Lumen Learning Trust

Childcare Disqualification Regulations Declaration

FOR ALL STAFF & VOLUNTEERS

Information on the Regulations

The Childcare Act 2006, and Regulations made thereunder*, apply to school and academy settings as well as to childcare settings.

In order to comply with these Regulations, schools are required to ensure that certain individuals that the school employs or wishes to employ (as well as volunteers) are not disqualified from working with children who have not yet reached the age of 8. All staff responsible for the provision of childcare or for the management of that provision (including new appointees or upon a relevant change of role) must therefore complete the declaration below and will be asked to do so again periodically in the future.

If a member of staff / volunteer is disqualified, there may be an impact on their ability to commence or remain working with the relevant age group. A disqualified person is not permitted to work in a setting providing care for children under age 8, unless they apply for, and are granted, a waiver from Ofsted.

A person may be disqualified from working at a school through:
• Inclusion on the Children’s Barred List;
• Being cautioned for, or convicted of, certain violent and sexual criminal offences against children and adults;
• Grounds relating to the care of children (including where an order is made in respect of a child under the person’s care);
• Having registration refused or cancelled in relation to childcare or children’s homes or being disqualified from private fostering.

An offence committed overseas will also disqualify the individual under the Regulations if it would have disqualified the person had it been committed in any part of the United Kingdom.

Details of what constitutes disqualification can be found in the following schedules to the Regulations (hard copies can be obtained via the school office if required):
http://www.legislation.gov.uk/uksi/2018/794/schedule/1/made
http://www.legislation.gov.uk/uksi/2018/794/schedule/2/made
http://www.legislation.gov.uk/uksi/2018/794/schedule/3/made

Please note that you DO NOT need to declare any minor cautions or convictions which are ‘protected’ under the Rehabilitation of Offenders ‘Exceptions Order’ (and which are removed or ‘filtered’ from DBS certificates).

For more information visit https://www.gov.uk/government/collections/dbs-filtering-guidance.

* The Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 come into force on 31st August 2018 and replace the Childcare (Disqualification) Regulations 2009

Please select your location:*

Declaration in relation to you:

Have you been barred from working with children by the Disclosure and Barring Service (or its predecessors)?*
Have you been subject to any order relating to the care of children (e.g. care order, child protection order, exclusion order)?*
Have you been refused registration or approval to care, foster or look after children or had such registration cancelled (e.g. in relation to childcare provision, children’s homes or private fostering)?*
Have you been cautioned* or convicted of any offences against a child (including overseas)?*
Have you been cautioned* or convicted of any violent or sexual offences against an adult (including overseas)?*

* For these purposes, only cautions given on or after 6 April 2007 need to be declared; a caution includes reprimands or warnings.

DECLARATION
I confirm that the information I have provided is true to the best of my knowledge.

I understand I must notify the headteacher immediately of anything that might affect my suitability to work with children, including if my answers to any of the questions above change at any time.

DATA PROTECTION
The school will record the date on which you provided this information. If you have answered ‘NO’ to all the questions we will only retain this form until it has been checked and we have transferred the date onto our Single Central Record. If you have answered ‘YES’ to any of the questions on this form, we will retain a copy of this form until the outcome of an Ofsted waiver application is known (if relevant) or until any other enquiries are complete. Thereafter we will keep a record of whether or not a waiver has been applied for and granted, and details of any safeguarding restrictions. We do not retain details of criminal records on your file without your explicit consent.

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