Disqualification Regulations

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The disqualification regulations were introduced in a school setting where “child care” is provided and barred employees from working with younger children if either themselves or someone in their household had been convicted of certain offenses and introduced the term “disqualification by association”.

Representations were made to the government that these regulations should not apply in a school setting as safeguarding measures were already in place and decisions made on the suitability of staff to work in schools based on their own criminal record, not that of someone else’s.

The Government issued some guidance on the interpretation of the regulations and PACT HR provided practical guidance on the steps to take to subscribing schools.

A consultation period has now commenced and views are being sought on amendments to the regulations and the following three options: –

Option 1 - remove disqualification by association in schools and non-domestic registered settings

Option 2 - retain disqualification by association, but introduce a new right to make representations to Ofsted before the disqualification takes effect

Option 3 - retain disqualification by association, but reduce its scope and introduce a new right to make representations to Ofsted before the disqualification takes effect

A link to the consultation document is below:-

Disqualification regulations consultation

If this affects your school, you are encouraged to take part in this consultation and submit a response to make your views known on whether these regulations should continue to apply in a school setting.