Statutory guidance

Disqualification under the Childcare Act 2006

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



Changes are coming into force on 31 August 2018. We have published revised guidance dated July 2018 to set out the transition arrangements.

You must continue to follow the current statutory guidance dated June 2016 until then.

This statutory guidance is for:

  • local authorities
  • school leaders
  • school staff
  • governing bodies

It’s also relevant to employers in other non-domestic childcare settings.

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 2 July 2018 + show all updates
  1. Added new statutory guidance ready for 31 August 2018.
  2. 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.
  3. Clarified paragraphs 14 and 22 of the statutory guidance document.
  4. First published.