With effect from the 31st August 2018, changes are being made to the childcare disqualification arrangements, specifically removing the ‘disqualification by association’ element from schools and other non-domestic settings. It will however remain in place for roles such as home-based childminding. We’ve updated our page Childcare Disqualification Requirements – Primary school teachers, nursery staff and others – ‘Disqualified by association’ to reflect this.

The changes mean that schools will no longer be able to ask their staff questions about the cautions or convictions of someone living or working in their household.  

If you’ve previously been affected by the ‘disqualification by association’ requirements and have been granted a waiver from Ofsted, this will no longer be needed as of 31st August.  

Ofsted have confirmed to us that schools would still need to document that, prior to 31st August, a waiver had been granted together with the date that it was issued. However, they have suggested that all personal data including any details of the criminal record relating to it should be removed.  

We’d suggest that you speak with the school and ask them to confirm that they’ve deleted any data relating to your waiver which is no longer relevant.  

We’ve yet to see how schools will deal with these changes although the Department of Education has recommended that schools should “review their staffing policies and safer recruitment procedures, and make changes accordingly”. If you find that a school is:

1. still asking you to provide details of the criminal record of someone living with you; or
2. refusing to delete data when requested, we’d like to hear from you.

Please email details of the issue you’re having to policy@unlock.org.uk.  

 For more information 

1. For practical information – More information can be found at Childcare Disqualification Requirements – Primary school teachers, nursery staff and others – ‘Disqualified by association’ 
2. To read personal stories – You can read personal stories about this posted on theRecord, our online magazine. 
3. Questions – If you have any questions about this, you can contact our helpline. 

Everybody has the right under the Data Protection Act 2018 to make a request to any organisation, for a copy of the information that organisation holds about them. This is called a subject access request (SAR).

There are many reasons why you may want to apply for a SAR, and we’ve produced some new information on how to apply for a SAR and, what you can do if an organisation refuses to provide you with one.

We have some specific information on applying for a subject access request if you would like to get copies of your police records.

For more information

1. For practical self-help information – More information is available on subject access requests (SAR) – general information and police records – subject access requests
2. Questions – If you have any questions you can contact our helpline

We’ve produced some new information, 10 things to know about criminal record, which provides a short summary of the key things that people with convictions should know about their criminal record.

The most important thing for anybody with a criminal record is to know exactly what theirs includes . Many people don’t know the details of their record and it’s vital that you get this right so that you know what you need to disclose to employers, insurers, universities and others.

This new information is a short summary of some of the key areas of life which may be affected by a criminal record.

We hope you find it helpful. Let us know what you think by using our feedback form.