0370 270 6000

Search

Search Mobile

collapse

already registered?

Please sign in with your existing account details.

Email address

Password

Sign in with LinkedIn

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

Register with LinkedIn

Forgotten your password?

collapseSign

Browne Jacobson home

Home

Insights

Blogs

Disqualification guidance adds clarity

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

Head of Education, Mark Blois celebrates 25 years of being an education lawyer

Mark Blois, Browne Jacobson’s national Head of Education, is marking a notable anniversary, an incredible 25 years as an education lawyer.

Be wary of events post-dating the presentation of an Employment Tribunal claim

In Sakyi-Opare v Albert Kennedy Trust, the EAT held that an Employment Tribunal erred in deciding a claim was out of time because it did not first consider the claimant’s application to amend her claim, which included events that post-dated her claim.

A level results: what this means for schools and higher education?

This year’s A Level results have been a resounding success and demonstrate the commitment and resilience of students, schools and school staff during these unprecedented times. However, there will inevitably be some students who are disappointed with the teacher assessed grade.

Does the move into Step 4 mean the ending of Covid-19 restrictions within schools?

With the Prime Ministers announcement that he intends for Step 4 to begin on 19 July, this will also bring an end to the restrictions currently in place on education settings.

View all blogs

Dai Durbridge

Partner

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up