Some people are disqualified from working with children, for example, if they have committed certain offences. We cannot register you to provide childcare if:
- you are disqualified
- anyone who is part of the organisation applying to provide registered childcare, such as a partner, director or committee member, is disqualified
- you, or anyone who is part of the organisation, live with someone who is disqualified
- someone who lives on the premises where childcare is provided, is disqualified
You cannot employ anyone to work with children if they are disqualified, or live with a disqualified person. It is an offence if you knowingly do so.
People are disqualified from registration if they have, or anyone they live with has, been:
- convicted or charged with (or found to have committed) an offence against a child
- convicted or charged with (or found to have committed) certain offences against an adult
- placed on the Protection of Children Act 1999 (PoCA) list of persons considered unsuitable to work with children
- made the subject of a direction under section 142 of the Education Act 2002 and are considered not fit and proper persons to work with children, known as the DBS Children's Barred List (formerly List 99)
- made the subject of an order where a child has been removed from his/her care or been prevented from living with him/her
- refused registration previously or had a registration cancelled, unless your registration was cancelled on or after 1 September 2008[??] solely for failing to pay the fee for continued registration
If you think that you, someone in the organisation you represent, or a person you are considering employing, may be disqualified, you can talk to the DfE in confidence by ringing 08456 404040.
In some circumstances the disqualified person may be able to have the disqualification waived. Again, please contact the DfE if you wish to apply for a waiver. Each individual must apply for a waiver in his or her own right. You cannot apply on behalf of someone else.
If you wish to employ someone you know is disqualified, they must first apply to Ofsted to waive the disqualification. Only if Ofsted agree to do so, can you employ them to care for children.