logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Disqualification guidance adds clarity?

6 March 2015

New DfE guidance on disqualification from early years settings adds greater clarity in part, but also introduces a need to understand the Rehabilitation of Offenders Act. Not an easy task.

On the plus side, the guidance confirms that fewer staff are caught by the requirement and makes it clear that later years staff are not covered, meaning that schools can consider redeploying disqualified staff to work in those settings rather than suspending them pending the outcome of a waiver application. The DfE has also stepped back from suggesting staff complete declaration forms, preferring schools to ensure staff are made aware of the legislation instead. A staff briefing may well discharge that duty.

Where things are muddied is around ‘by association’. The guidance makes it clear that schools can only consider unspent convictions of others in the household under the Rehabilitation of Offenders Act. Expecting schools to understand and apply this complex law may be a step too far.

For more support, join me at our webinar to understand where you go from here.

Related opinions

Schools face scrutiny over Covid-19 vaccinations for children

On 4 June, the Medicines and Healthcare products Regulatory Agency (MHRA) approved the use of the Pfizer/BioNTech Covid-19 vaccine for 12- to 15-year-olds.

View blog

School not liable for reckless actions of a student

The decision reinforces that the standard of the duty of care owed by schools is one or reasonableness.

View blog

Avoiding grade challenges on ‘unconscious bias’

A system based on teacher assessed grades, rather than external exams, was inevitably going to give rise to speculation about bias and objectivity in teacher assessment and grading decisions. Schools can prepare now for these kinds of challenges by ensuring that they have clear written evidence readily available.

View blog

Teachers report inadequate training on peer-on-peer abuse

Despite the increased media and regulatory focus on peer-on-peer abuse within schools, teachers are still reporting that they feel undertrained and ill-equipped to recognise and respond to allegations and incidents.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up