Staff suitability declaration

[playgroup1]

Do I still need to get staff to complete a Suitability declaration where they disclose convictions about people they live with?

[sunnyday]

Hi  p1 - I do this annually and further to that I ask at every supervision "any changes to declaration"

[finleysmaid]

there have been some changes to the guidance...I am trying to find the right bit that relates...back soon

[FSFRebecca]

This is the document you are referring to finsleymaid ... Amending the childcare disqualification arrangements in schools and non-domestic registered settings: Government consultation response

The announcement means that childcarers will no longer be disqualified from providing childcare or working in non-domestic childcare settings simply because someone who lives or works in their household is disqualified. The new rules do not apply to childminders. It is important to remember that ongoing staff suitability checks and robust risk assessments of all staff working with children are still good practice.

[Rafa]

Can anyone point me to an updated Suitabilty Declaration Form that includes the new amendments or do we still stick with the same forms  that ask the question: Anyone living in the same household...etc etc

Thank you

[Maria_Thorpe]

If you are members of the NDNA they have updated their Staff Suitability guidance which includes a template that can be used. It is basically the same as the previous form we were using, asking the staff member to answer questions about themselves, just without the questions regarding people they live with. 

Hope that helps

[FSFRebecca]

This piece has very usefully been posted in the Surrey LA area, it's very clear and might be helpful:

Disqualification by Association (Risk by Association).

Following a recent consultation, statutory guidance from the Department of Education has now been published, which has removed the requirement for staff who work in an early years setting.

Removal of disqualification by association:

 By amendment of regulation 9 of the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 (“the 2018 Regulations”), we have removed disqualification by association for individuals working in childcare in non-domestic settings (e.g. schools and nurseries).

1. Disqualification by association continues to apply for individuals providing and working in childcare in domestic settings (e.g. where childcare is provided in a childminders home).

2. The arrangements continue to disqualify individuals working in domestic and non-domestic settings if they themselves have been found to have committed a relevant offence.

 

Our current advice has been that all staff are asked as part of safer recruitment and on a regular basis (at supervision) the following questions.

1. Have you been involved with the Police, such as interviewed, questioned, subject to a court order, bound over, received a reprimand, warning, cautioned or convicted before or during your employment at your setting

2. Has anyone that lives in the same household or property as you been disqualified or barred from working with children under the Childcare Act 2006?  Has anyone that lives in the same household or property as you been cautioned or convicted of an offence that may have a bearing on your suitability to work with children?

3. Do you have parental responsibility for a child who is being assessed or who has been placed on a Child In Need plan under Section 17 or a Child Protection plan under Section 47 of the Children Act 1989?

As there is no longer a requirement for question 2 to be asked, this should be removed from all documentation templates from now on.

The removal of disqualification by association does not apply to individuals providing and working in childcare in domestic settings e.g. childminder’s home who will still need to include question 2.

 

Disqualified due to an offence an associate has committed (by association)

2 Including non-domestic premises up to 50% of the time under a domestic registration

Setting (Individual works in ….)	Current waiver/disqualification status	Post September 2018 waiver/disqualification status
Domestic setting2	Waiver granted – able to work in childcare	No change
Domestic setting2	Waiver declined – unable to work in childcare	Unable to work in childcare in a domestic setting2 but able to work in a school or PVI
Domestic setting2	Waiver granted with conditions	No change
School / PVI setting	Waiver granted – able to work in childcare	Waiver no longer required – able to work in childcare in a school or PVI but not able to work in childcare in a domestic setting2
School / PVI setting	Waiver declined – unable to work in childcare	Waiver no longer required – able to work in childcare in a school or PVI, but not able to work in childcare in a domestic setting2
School /PVI setting	Waiver granted with conditions	Waiver no longer required – able to work in childcare in a school or PVI, but not able to work in childcare in a domestic setting2

[sunnyday]

Am I the only one thinking that this is a real backward step?

[Stargrower]

I agree Sunnyday, I don't understand why they've changed this.

[MarshaD]

Latecomer on this but I heard of a case where a mother working in non domestic care was forced to ask her son to move out because he’d been in trouble with the police, an assault I believe, or potentially lose her job. I think that situations like these have driven the change.  However you’re right it does seem to overlook the issue of grooming which is why the legislation was brought in in the past place. 

Of course you are also reliant on the honesty of individuals who may be less than trustworthy.