Childcare disqualification requirements

Understand childcare disqualification, who it applies to and how to conduct a disqualification check.

Last reviewed on 13 June 2023
See updates
School types: All · School phases: Nursery, Primary
Ref: 11380
  1. Which offences disqualify someone?
  2. Who the regulations apply to
  3. How to conduct a childcare disqualification check
  4. How to prevent unsuitable candidates from applying
  5. How to maintain your records once you've recruited someone
  6. What to do if someone is disqualified

People who have been convicted of certain offences are disqualified by law from providing childcare. 

You must make sure that you're not recruiting, or redeploying, someone who's disqualified into a role regulated by the childcare disqualification regulations. It's an offence if you knowingly do so.

Which offences disqualify someone?

The list of offences and orders that result in disqualification is included in guidance published by the DfE (see the appendices for a full list).

Disqualification by association no longer applies in schools

Previously, people working in schools could be disqualified by association if they lived with someone who was disqualified. Since 31 August 2018, this no longer applies to schools. 

You shouldn't ask staff questions about cautions or convictions of someone living or working in their household.

If you've previously collected information about disqualification by association from staff, you no longer have a legal basis to hold this information and should dispose of it securely.

The regulations apply to all staff in