Pre-employment checks in childcare and nurseries
In England, the early years foundation stage (EYFS) statutory framework sets the checks, and new versions came into force on 1 September 2026. Nurseries, pre-schools and school-based settings must obtain an enhanced criminal records check and barred list check for every person aged 16 or over, including volunteers, who works directly with children or lives or works on the premises where childcare is provided, with limited exceptions. Apart from supervised occasional volunteers, nobody may start until that check has been received, and providers must obtain at least one written reference before recruiting.
It is an offence under the Childcare Act 2006 to employ a disqualified person in early years or later years provision. For childminders, Ofsted or a childminder agency checks the childminder, any assistants and everyone aged 16 or over who lives or works in the home. Wales, Scotland and Northern Ireland have their own regimes.
Which framework applies
The group and school-based framework covers school-based early years providers in England, including maintained schools, academies and independent schools, and group-based providers on the Early Years Register. Childminders have their own framework. Both cover children up to the 31 August after their fifth birthday. The framework uses "must" for mandatory requirements; where it says "should", providers must take the guidance into account and follow it unless there is a good reason not to.
Suitability checks in nurseries and pre-schools
The check covers people aged 16 or over who work directly with children, live on the premises (unless they have no access to the childcare area when children are there), or work on the premises (unless never in the childcare area or never when children are present). Supervised volunteers who only help occasionally are excepted, but not overnight or for personal care. The Crime and Policing Act 2026 removed the old exemption for supervised unpaid activity.
You must not let anyone begin working or volunteering until you have received their enhanced check, and nobody unchecked may have unsupervised contact with children. Make an additional criminal records check for anyone who has lived or worked abroad, and verify qualifications.
DBS sends the certificate only to the applicant, so you must see it and consider what it shows. For someone on the DBS Update Service, check the status with their consent; if anything has changed, a new enhanced check must be applied for. Record qualifications, identity checks, vetting and references, including the certificate number, the date and who obtained it.
References before recruitment
Group and school-based providers must obtain at least one written reference for every member of staff, including students and volunteers, before recruiting them. Do not accept open references, references from family members or references the applicant has obtained. If they are not working with children now, seek one from the last employer where they did, and resolve any concerns before confirming the appointment.
Disqualification and Ofsted waivers
A person disqualified under the Childcare Act 2006 must not provide or be directly concerned in the management of early years or later years provision, and no one may employ them in it. Both are offences. Grounds include being on the children's barred list, certain violent and sexual offences against children and adults, and equivalent offences overseas. Spent convictions and cautions must still be disclosed for childcare roles, although protected ones are filtered from DBS certificates and need not be disclosed; most offences that lead to disqualification are never protected.
A disqualified employee must get a waiver from Ofsted before starting work, and Ofsted cannot waive disqualification for someone on the DBS children's barred list, someone a court has disqualified from working with children, or someone who has committed an automatic barring offence. Even with a waiver, the decision to employ is yours. You must report an employee's disqualification to Ofsted as a significant event.
Disqualification by association no longer applies in schools or other non-domestic settings such as nurseries, so do not ask about the people your staff live with. In schools, the rules cover early years staff and staff in out-of-hours childcare for under 8s, including the headteacher, but usually not caretakers, cleaners, catering or office staff.
Childminders and household members
For a childminder working at home, Ofsted checks the applicant, any assistants and anyone aged 16 or over who lives or works on the premises, and can check local authority children's services records. Everyone aged 16 or over living in the home, including anyone who regularly stays overnight, needs a home-based enhanced DBS check with barred lists. Anyone who regularly works there while children are present, such as a cleaner, needs the usual enhanced check with barred lists.
Assistants, including students, volunteers and apprentices, must be cleared as suitable by Ofsted or the agency before they start, and the childminder must obtain a written reference first. Tell Ofsted about new people in the home within 14 days, including a household member who turns 16. If one household member is disqualified, every other adult in the household is disqualified by association.
Wales, Scotland and Northern Ireland
In Wales, Care Inspectorate Wales (CIW) registers and inspects child minding and day care, and providers must have regard to the National Minimum Standards. Staff, and anyone aged 16 or over living, working or volunteering on the premises with regular contact with children, must go through vetting including an enhanced DBS check before they start. A child minder must notify CIW before taking on an assistant.
In Scotland, PVG scheme membership is a legal requirement for regulated roles, which include child minders and assistants, early learning and childcare practitioners, nursery workers and volunteers, and nannies. Offering a regulated role before receiving a Level 2 disclosure confirming membership is an offence, unless the offer is conditional on it.
In Northern Ireland, childminders paid to look after unrelated children for more than two hours a day must register with the local Health and Social Care Trust, and nidirect says the police check everyone over 10 living in the home. AccessNI enhanced checks are normally required for work with children.
Role-based check matrix
England only. Paragraph numbers refer to the 2026 EYFS frameworks.
| Role or activity | Check | Basis |
|---|---|---|
| Nursery practitioner, room leader or manager | Enhanced DBS with barred list before starting; written reference; qualifications; not disqualified | EYFS group framework 3.13 to 3.22; Childcare Act 2006 section 76 |
| Student or volunteer working directly with children | The same, unless a supervised occasional helper | EYFS group framework 3.15 and 3.20 |
| Cook, cleaner or administrator on the premises | Enhanced DBS with barred list, unless never in the childcare area or never when children are present | EYFS group framework 3.15 |
| Directors, trustees or committee members of an organisation set up mainly for childcare | DBS check through Ofsted registration | Ofsted DBS guidance for childcare providers |
| School staff in reception or after-school care for under 8s | Disqualification check, alongside the KCSIE checks | DfE disqualification guidance; KCSIE 2026 |
| Childminder | Ofsted or agency checks, home-based enhanced DBS with barred lists, referees, employment history | Ofsted suitability checks; EYFS childminder framework 3.16 and 3.17 |
| Childminder assistant | Ofsted or agency clearance before starting; at least one written reference | EYFS childminder framework 3.14 and 3.21 |
| Household member aged 16 or over | Home-based DBS; report to Ofsted within 14 days | Ofsted DBS and new people guidance |
| Every new hire | Right to work check before work starts, which gives a statutory excuse against a civil penalty | Immigration, Asylum and Nationality Act 2006, sections 15 to 25; Home Office employer guide (see our right to work checks page) |
What to tell the candidate
- Tell staff and applicants they must disclose anything that may affect their suitability, such as arrests, convictions and cautions, apart from protected ones.
- Tell candidates which checks you will run, and why, before you start.
- Get consent before checking the DBS Update Service.
- If a candidate may be disqualified, explain what it means and whether they can apply for an Ofsted waiver.
- In a nursery or school, never ask about a household member's convictions, and never ask anyone for their own police record.
Sources
- Early years foundation stage (EYFS) statutory framework · GOV.UK (Department for Education)
- EYFS statutory framework for group and school-based providers (from September 2026) · GOV.UK (Department for Education)
- EYFS statutory framework for childminders (from September 2026) · GOV.UK (Department for Education)
- Disqualification under the Childcare Act 2006 · GOV.UK (Department for Education)
- Disqualification from childcare registration and how to apply for a waiver · GOV.UK (Ofsted)
- Childcare Act 2006, section 76 · legislation.gov.uk
- The Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 · legislation.gov.uk
- Ofsted suitability checks for childminders and childcare providers · GOV.UK (Ofsted)
- Childcare providers: who needs a DBS check · GOV.UK (Ofsted)
- Childminders: report new people in the setting · GOV.UK (Ofsted)
- Regulated activity with children: myth busting the September 2026 Supervision Exemption changes · GOV.UK (Disclosure and Barring Service)
- Keeping children safe in education 2026 · GOV.UK (Department for Education)
- National Minimum Standards for Regulated Childcare for children up to the age of 12 years: audience and overview · Welsh Government
- National Minimum Standards for Regulated Childcare: Standard 13, suitable person · Welsh Government
- Protecting Vulnerable Groups (PVG) scheme · mygov.scot
- Regulated roles in care · mygov.scot
- Disclosure (Scotland) Act 2020, section 73 · legislation.gov.uk
- Childminders · nidirect
- Types of AccessNI checks · nidirect
- Immigration, Asylum and Nationality Act 2006, section 15 · legislation.gov.uk
General information for employers in the UK, not legal advice. HRjoy advises on screening policy and fair process. We do not run checks ourselves; where you need checks run, we can introduce you to our screening partners. Check the official sources for your situation.
Checks by role
Required or expected
- Everyone aged 16 or over working directly with children in a nursery, pre-school or school-based setting, including volunteers: enhanced DBS with barred list, received before they start.
- Anyone aged 16 or over living or working on the premises where and when children are cared for: the same check.
- All staff, students and volunteers: at least one written reference before recruitment.
- Anyone working in or managing early years provision: a disqualification check.
- Childminders, assistants and household members aged 16 or over: Ofsted or agency checks.
Depends on the role
- Staff who have lived or worked abroad: an additional criminal records check.
- Supervised parents who only help occasionally, such as on a trip: excepted unless overnight or giving personal care.
Rarely justified
- Questions about the people nursery staff live with, since disqualification by association no longer applies in non-domestic settings.
- DBS checks on occasional visitors to a childminder's home, or people who only work there outside childcare hours.
- Asking anyone to obtain their own police record, an enforced subject access request and a criminal offence.
Questions
Something else? Ask us.
Can a new nursery practitioner start while we wait for their DBS certificate?
No. The EYFS framework says providers must not allow anyone to begin working or volunteering until they have received the enhanced criminal records and barred list check. KCSIE confirms that schools cannot use a separate barred list check to start staff early in their EYFS settings.
Do we need to check the people our nursery staff live with?
No. Disqualification by association no longer applies in schools and other non-domestic settings such as nurseries and pre-schools, and DfE guidance says schools can no longer ask about the criminal history of people who live with staff. It still applies to childminders and childcare in homes.
Who needs a DBS check in a childminder's home?
The childminder, any assistants, anyone over 16 who lives there (including anyone who regularly stays overnight) and anyone who regularly works there while children are present. Ofsted does not need checks on friends or relatives who visit occasionally, or on people who only work there outside childcare hours.
Does the September 2026 regulated activity change affect nurseries?
Yes. DBS says the removal of the supervision exemption is not limited to education settings or volunteers, and applies in England, Wales and Northern Ireland. DBS also says the change does not itself create a new requirement to carry out checks; the EYFS framework sets that requirement for early years settings.
Related checks
- Criminal record checks for employers Which criminal record check a role can lawfully have in England, Wales, Scotland and Northern Ireland, and how to run it fairly.
- Employment references: what employers can ask and when When to ask for references, what to ask, the sector rules for care, schools, early years and FCA firms, and how to treat candidates fairly.
- Identity and address verification for employers What an employee identity check proves, how it differs from right to work, certified digital ID services, false documents and when to verify an address.
- Qualification checks: verifying degrees and professional qualifications How UK employers can verify degrees and professional qualifications fairly, which official routes exist, and when a qualification check is required.
- Right to work checks: who to check and how from October 2026 Who needs a right to work check from 1 October 2026, including workers and sub-contractors, how each of the three methods works and follow-ups.
- International background checks for candidates who lived abroad Overseas criminal record certificates, references and qualifications for UK employers: when they are required, best practice, data transfers and fairness.
Sector guides
- Pre-employment checks in schools and colleges KCSIE 2026 checks for schools and colleges in England, the single central record, supply staff and volunteers, and the rules in Wales, Scotland and NI.
- Background checks for charities and volunteers Trustee disqualification, free DBS checks for volunteers, safeguarding duties, PVG in Scotland and AccessNI in Northern Ireland, role by role.
- Pre-employment checks in health and social care in England What CQC regulation 19 and Schedule 3 require, which DBS check each care role can have, professional registers and agency staff checks in England.
Guides
- Which pre-employment checks are mandatory, and which are optional? A role and sector matrix of UK pre-employment checks: which the law requires, which a regulator expects and which are optional.
- The UK background screening checklist for employers A stage-by-stage background screening checklist for UK employers: who owns each step, what to record, and when to delete it.
Related answers
- How do employers carry out right to work checks? Before someone starts work, employers should carry out one of three prescribed checks: a manual check of original documents, a Home Office online check using a share code, or a check through a registered right to work digital verification service provider. Done correctly, it gives a statutory excuse against a civil penalty of up to £60,000 per illegal worker.
- How should employers handle an employee subject access request? Employers should recognise the request, which can be made verbally or in writing, confirm the person's identity if needed, make a reasonable and proportionate search and respond without undue delay and within one month. Complex requests can be extended by up to two months. A fee usually cannot be charged, and information about other people may need redacting.
- How should probation periods work? There is no legal requirement to have a probation period, and it can be any length. Acas recommends clear written expectations, regular reviews, support to improve, extension where appropriate, and a fair procedure before any dismissal. Day-one rights such as protection from discrimination apply throughout, and the unfair dismissal qualifying period falls to 6 months from 1 January 2027.