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POLICY INFORMATION

The legal framework for this policy is:

• The Childcare Act 2006 – section 75
• Safeguarding Vulnerable Groups Act 2006
• The Childcare (Disqualification) Regulations 2018
• The Early Years Foundation Stage (Welfare Requirements) Regulations 2012
• Statutory Framework for the Early Years Foundation Stage 2021

Legal Responsibilities

• It is an offence, under section 76, Childcare Act 2006, to provide early years provision if disqualified or be involved in the direct management of such provision if disqualified or to knowingly employ a disqualified person to work with children.
• As a Childcare Provider, Paint Pots has a legal responsibility to ensure that every member of our staff team is suitable to work with children and is not disqualified from working in childcare.

The Statutory Framework for the Early Years Foundation Stage, states:

A provider or a childcare worker may be disqualified from registration. In the event of the disqualification of a provider, the provider must not continue as an early year’s provider- nor be directly concerned in the management of such provision. Where a person is disqualified, the provider must not employ that person in connection with early years provision. Where an employer becomes aware of relevant information that may lead to disqualification of an employee, the provider must take appropriate action to ensure the safety of children.

Our duties are to ensure that:

• People looking after children are suitable to fulfil the requirements of their role
• Staff understand their responsibility for disclosing any convictions, cautions, court orders, reprimands or warning that may affect their suitability to work with children these include any received before or during their employment at the nursery.
• Record information about staff qualifications, identity checks and vetting processes that have been completed.
• In the event of a disqualification of a member of staff, the company would not continue to employ this person.
• Report to OFSTED and DBS any changes that may affect an individual’s suitability to work with children, within 14 days.