Does disqualification by association still apply?
Disqualification by association no longer applies to teachers or school staff in schools. Under the Childcare Act 2006 teachers working with children under the age of eight could be disqualified from teaching because of offences committed by people who live in the same household as them.
So essentially, it meant that if you were a teacher and worked with children under 8 and your husband had been convicted for certain types of crime you could have been suspended from your role until receiving a waiver from Ofsted.
An amendment which came into force on 1 September 2018 means that disqualification by association rules no longer apply to teachers in schools.
Schools are no longer entitled to ask their staff questions about cautions or convictions of someone living or working in their household.
Disqualification by association is only relevant where childcare is provided in domestic settings, for example where childminding is provided in the home.
Schools are still required to undertake DBS checks for school staff. We provide an overview of the topic of DBS checks here.
We’ve also published another article on if you need to inform your school if you have been investigated by the police.
Disqualification by association: further reading
For more information on this topic please see the following external articles:
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