Medical monitoring… you must ask your staff member if anything has changed with their health or the medication they are taking that they want to discuss with you.
EYFS requirement 3.19 states ‘Providers must ensure that those practitioners only work directly with children if medical advice confirms that the medication is unlikely to impair that staff member’s ability to look after children properly. Staff medication on the premises must be securely stored, and out of reach of children, at all times.’
DBS monitoring… it is a requirement of the EYFS to check whether your staff have any police conviction or cautions since their last CRB check / DBS disclosure was carried out or since they last signed a criminal record self-declaration. Checking staff suitability must be an ongoing process that is embedded into your regular practice. You must ask them - has anything changed in their personal circumstances that may affect their suitability to work with children?
All staff members must inform you about any changes in their suitability to work with children and these changes must be disclosed to Ofsted within 14 days of you becoming aware of them. The EYFS states in requirement 3.16 – ‘A provider must notify Ofsted or the agency with which the childminder is registered of any significant event which is likely to affect the suitability of any person who is in regular contact with children on the premises where childcare is provided. The disqualification of an employee could be an instance of a significant event.’
If a staff member provides you with information that suggests they have any involvement with social services or the police or are disqualified from working with children you must not allow them to continue working with children. You must dismiss them and speak to Ofsted immediately.
Disqualification by association – staff families
You also need to be aware of the law of disqualification by association. If a member of staff is living in a household with someone who is disqualified then they too are disqualified from working with children by association.
The EYFS states in requirement 3.15 ‘A registered provider or a childcare worker may also be disqualified because they live in the same household as another person who is disqualified, or because they live in the same household where a disqualified person is employed.’
A staff member who is disqualified from working with children or a staff member who lives with someone who is disqualified from working with children may be able to apply for a waiver. However, while the waiver application is being dealt with advice must be sought from Ofsted about their suitability to continue working with children.
Note - if you regularly ask your staff to confirm there are no changes in their circumstances and act on any information received then you are taking appropriate steps to keep children safe. As long as you can clearly show Ofsted and your Local Safeguarding Children Board that you are taking steps to keep children safe, you cannot be held responsible if your staff have lied to you.
Staff disclosure form
Staff member’s name –
Your staff (assistant, volunteer etc) needs to sign to declare that, since the last appraisal…
· I have / have not* had any safeguarding issues involving myself or any members of my family
· I have / have not* had any changes to my health or medication since they were last notified to my employer
· I do / do not* live with anyone who has any convictions or disqualifications that would affect me working directly with children
· I do / do not* live with anyone who has been disqualified from working with children
· I have / have not* been involved with social services
· I have / have not* had any police convictions or cautions
*Delete as appropriate
Your staff member must sign to confirm that the information they have provided is, to the best of their knowledge, correct at this time – ‘By signing this document I confirm that the information I have provided is, to the best of my knowledge, correct at this time’.
They must sign to confirm they understand that if they are found to have provided false information this could be considered gross misconduct and may result in the termination of their contract – ‘I understand that if I have provided false information this could be considered gross misconduct and may result in the immediate termination of my contract’.
They must sign to confirm they understand that they must inform you within 14 days of any changes to this information – ‘I understand that it is my responsibility to safeguard children and I am aware that I must notify my employer of anything that may affect my suitability to work with children including situations where members of my family are not suitable to work with children.’
Signed by staff member –