The Childcare (Disqualification) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations replace, with modifications, the Childcare (Disqualification) Regulations 2007 and the Childcare (Disqualification) (Amendment) Regulations 2008.

These Regulations set out the categories of persons who are disqualified from registration in England as providers of early years or later years childminding or other early years or later years provision under Part 3 of the Childcare Act 2006 (c.21) (“the 2006 Act”).

Regulation 4 together with Schedule 1 of these Regulations sets out orders and determinations for the care and supervision of children in connection with which a person is disqualified from registration. Regulation 4 together with Schedules 2 and 3, also sets out categories of offences against or involving children or adults in respect of which a person is disqualified from registration.

Disqualification from registration applies to offences committed overseas which are comparable to the offences set out in these Regulations (see regulation 5).

Under these Regulations persons included on the list kept under section 1 of the Protection of Children Act 1999 (c. 14), persons in respect of whom a direction has been made under section 142 of the Education Act 2002 (c. 32) (known as List 99) and persons barred from regulated activity relating to children under section 3(2) of the Safeguarding Vulnerable Groups Act 2006 (c. 47) are disqualified from registration (see regulations 6, 7(1) and (2) and 8).

Regulation 10 sets out the circumstances in which disqualification may be waived by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (the “Chief Inspector”). There is no power of waiver by the Chief Inspector where the disqualification arises from inclusion on List 99 or the list kept under section 1 of the Protection of Children Act 1999, being barred from regulated activity relating to children under the Safeguarding Vulnerable Groups Act 2006 or where a court has ordered that a person must not work in contact with children following a conviction for certain offences against children (see regulation 10(1) and 10(4)).

By virtue of regulation 11, a right of appeal lies to the First-tier Tribunal(1) in relation to any determination made by the Chief Inspector as to whether to give consent to waive disqualification under regulation 10.

Regulation 12 provides that a person registered under Chapter 3 or 4 of Part 3 of the 2006 Act has a duty to provide information to the Chief Inspector about the details of any order, determination, conviction or other ground for disqualification from registration under these Regulations. That obligation applies to information relating to the registered person and to any person living in the same household as the registered person or employed in that household.

(1)

The First-tier Tribunal was established under section 3 of the Tribunals, Courts and Enforcement Act 2007 c. 15.