Statutory guidance

Disqualification under the Childcare Act 2006

Statutory guidance for schools about employing staff who have been disqualified from providing childcare.

Applies to England



This guidance is for:

  • local authorities
  • governing bodies of all schools, including:
    • maintained schools
    • academies
    • free schools
    • independent schools
    • boarding and residential schools
    • faith schools
    • special schools
    • nursery schools (maintained and non-maintained)
  • proprietors of non-maintained and independent schools (including academies, free schools and alternative provision academies)
  • management committees of pupil referral units (PRUs)

It will also be relevant to:

It relates to all schools where staff work with:

  • under 5’s
  • under 8’s in before and after school settings

Statutory guidance is issued by law. You must follow it unless there’s a good reason not to.

This guidance is for schools and local authorities to understand their responsibilities under the Childcare Act 2006, where staff are providing childcare in schools.

Statutory guidance is also available for:

Published 26 February 2015
Last updated 31 August 2018 + show all updates
  1. This revised guidance reflects the changes in the new legislation that came into force on 31 August 2018.

  2. Added new statutory guidance ready for 31 August 2018.

  3. Updated review date to January 2017 when we will take account of the outcome of our consultation on changes to the disqualification arrangements for childcare workers. We’ve updated web links where necessary but made no changes to the content of the guidance.

  4. Clarified paragraphs 14 and 22 of the statutory guidance document.

  5. First published.