OFSTED have clarified that S.76 Childcare Act 2006 – Disqualification – does apply to employees.
It is the responsibility of the provider to take appropriate action to ensure the safety of children. This means they must follow the required steps to ensure persons in contact with children are suitable and must not employ a disqualified person to provide childcare. A person becomes disqualified by living in the same household as a disqualified person or by living in a household where a disqualified person works. A person can apply to Ofsted to waive their disqualification. This decision is made by Ofsted.
Therefore, the usual policy and processes should be applied in cases where an employee ‘lives with someone who is disqualified…or lives where someone who is disqualified works’. The Local Authority Designated Officer is always the first point of contact.