You may be aware that there has been growing discussion, debate, contradiction and general kerfuffle over what exactly are the rules regarding disqualification of a worker due to ‘Association’. This means where a worker is disqualified due to someone working or living in their household having been disqualified.

While the story seems to be grabbing increasing national coverage, the Department for Education insist that nothing has changed to regulations on Disqualification which have been in place for many years, it is revised government guidance issued in October 2014 which has highlighted the issue and has led to the current situation.
The Guardianreported that hundreds of school staff have been suspended and that Ofsted is struggling to deal with the number of applications for waivers, it’s possible that a similar as yet unreported situation is developing for play and childcare staff.
There are concerns about asking staff and management committees (yes it applies to them too!) to disclose the disqualification status of themselves, but more particularly, that of the people in their households. Whilst this needs to be asked, the way it is asked, and how staff feel they are valued and supported through this, can make the difference between it feeling accusatory or a way of them further contributing to the safeguarding of children in their care.
BAND issued guidance before Christmas which aims to clarify the situation as far as possible at present, signposts to further guidance from DfE and Ofsted and suggests how play/childcare employers can ensure compliance with the legislation. This can be viewed on our website:


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