Important Information
The Department for Education's statutory guidance
Keeping Children Safe in Education 2026
comes into force on 1 September 2026.
Childcare disqualification arrangements are an additional
safeguarding requirement alongside the wider safeguarding
arrangements that apply to staff working with children,
including those relating to the Disclosure and Barring Service
(DBS).
The childcare disqualification arrangements are made under the
Childcare Act 2006 and the
Childcare (Disqualification) Regulations 2018.
The arrangements apply to staff who are employed or engaged to
provide relevant early years childcare or relevant later years
childcare in schools, and to staff directly concerned with the
management of such childcare.
In schools, relevant early years childcare includes childcare
for children from birth until 1 September following their fifth
birthday, including children in nursery and reception classes.
Relevant later years childcare includes childcare provided
outside normal school hours for children who are above reception
age but have not attained the age of 8, such as breakfast clubs
and after-school provision.
The arrangements may also apply in other relevant non-domestic
childcare settings. Whether an individual is within scope depends
on the nature of the childcare provision and the individual's
role.
A person who is disqualified under the applicable legislation
may not provide relevant childcare provision or be directly
concerned in the management of such provision. An employer must
not employ a disqualified person in connection with relevant
childcare provision unless the person has been granted an
appropriate waiver by Ofsted.
The childcare disqualification arrangements are separate from
the DBS regime. Satisfying DBS requirements does not, by itself,
establish that a person is not disqualified under the childcare
disqualification legislation.
Ortus Recruitment supplies staff to schools and other educational
settings. Where you are placed in relevant childcare provision,
Ortus Recruitment and the relevant setting must ensure that the
applicable childcare disqualification requirements are satisfied.
This declaration is intended to obtain information relevant to
the statutory childcare disqualification criteria. It is not a
general criminal-record declaration.
Please answer every question accurately. If you answer
"Yes" to any question, please provide the
relevant details in Section 3.
A "Yes" answer does not necessarily mean that you are
disqualified from all work with children or from all work within
a school. The information provided will need to be considered
against the applicable legislation, the nature of the proposed
role and the relevant statutory guidance.
For further information, please refer to the official guidance
and legislation:
This declaration should only be completed where the proposed
role falls within the scope of the childcare disqualification
arrangements.
Section 2 – Relevant Criminal Offences and Findings
Under the Childcare (Disqualification) Regulations 2018, certain
relevant offences and findings can result in disqualification
from relevant childcare provision.
A person may be treated as having been found to have committed
a relevant offence where they have been convicted of the offence,
given a relevant caution, given a relevant youth caution, found
not guilty by reason of insanity, or found to be under a
disability and to have committed the act for which they were
charged.
The relevant offences are specified in Regulation 4 and
Schedules 2 and 3 of the 2018 Regulations. In addition, any
offence resulting in the death of, or bodily injury to, a child
is considered a relevant offence and must be disclosed under
the statutory arrangements.