Our earlier blogs
on the Statutory Framework for the Early Years Foundation Stage explore how the
EYFS sets the standards for learning development and care for children from
birth to the age of five.
Today we are looking at a particular aspect of Safeguarding:
Qualified and Disqualified Persons.
What safeguarding systems should be in place for EYFS learning and
Any provider of EYFS learning should establish effective systems
regarding the suitability of those who have a role in their organisation or
regular contact with children in their care.
These should be monitored either by Ofsted or by the agency that
has registered the childminder, with enhanced criminal records checks and
barred lists checks.
Any organisation registered as a provider, but that is not a childminder,
must carry out
an enhanced criminal records check for workers and volunteers aged 16+ who work
with the children and/or live or work on the premises (apart from those who work in a
different part of the premises or who aren’t there when children are present).
Those who have lived or worked abroad should be subject to additional
criminal records check(s).
What should providers tell their staff?
Staff should be told that they must inform providers of any convictions,
cautions, court orders, reprimands and warnings that might make them unsuitable
for the role. Individuals must not have unsupervised contact with children in
the provider’s care before checks have been carried out.
What about records and checks?
In the case of providers that are not childminders, records must be kept
regarding the qualifications of their staff, along with the identity checks and vetting
Providers should also be aware of the Safeguarding Vulnerable Groups Act
2006, which makes them responsible for informing the Disclosure and Barring
Service if they dismiss a member of staff (or the person leaves before being
dismissed) for harming a child or putting a child at risk.
Providers should cease provision if disqualified from registration and
must not employ those who have been disqualified. If a disqualified person is
living or employed in the same household, this may also cause a provider or
worker to be disqualified, although an Ofsted waiver might be available to
Notifying Ofsted and agencies
If significant events occur, for example disqualification of an
employee, Ofsted or the agency with which the childminder is registered should
Ofsted or the relevant agency should also be told about anyone living or
working in the same household as the registered provider who has any order,
determination, conviction or other ground for disqualification from
registration (relating to section 75 of the Childcare Act 2006). This should
include full details such as date, which body or court was involved and whether
this resulted in a sentence.
If an order or conviction takes place, a certified copy of the relevant
order should be provided within 14 days of the provider becoming aware of it
(or should have become aware of it, had they made reasonable enquiries).