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New statutory guidance on disqualifications in schools recognises role of the Rehabilitation of Offenders Act

Yesterday, the Department for Education published statutory guidance on disqualification under the Childcare Act 2006.

Most notably in their guidance is the clarity that we have been pushing for, which is the the Rehabilitation of Offenders Act applies to the ‘disqualification by association’ element.

This means that if you’re working in a role in a school which is covered by these regulations, you do not have to disclose the cautions or convictions of those that live or are employed in the same household as you, if they are spent. This applies regardless of the offence, so long as it is spent.

We have updated the practical guide we have on this site.

We have today also issued a press release which explains our broader policy view on this issue.


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Photo of Head of Advice, Debbie Sadler
Debbie Sadler
Head of Advice

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