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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Staff Disqualification Policy

{{org_field_name}}

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} fulfils its legal and regulatory responsibilities in relation to identifying, managing, and preventing the engagement or continued employment of individuals who are disqualified, barred, or otherwise unsuitable to work in health and social care services. This policy ensures that recruitment and ongoing employment processes are robust and compliant with The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, The Safeguarding Vulnerable Groups Act 2006, The Care Act 2014, The Children Act 1989 and 2004, The Disqualification under the Childcare Act 2006 (as amended), The Rehabilitation of Offenders Act 1974, The Equality Act 2010, The Employment Rights Act 1996, The Disclosure and Barring Service (DBS) Regulations, and all other relevant legal requirements. The agency is committed to safeguarding the welfare of service users and upholding public trust in the provision of temporary healthcare staffing. The Director will ensure that this policy is embedded across all recruitment, placement, and ongoing employment processes.

2. Scope

This policy applies to:

• All applicants applying for employment or engagement with {{org_field_name}}
• All registered nurses, healthcare assistants (HCAs), senior carers, and temporary workers on zero-hours contracts
• The Director and all office-based staff responsible for recruitment, placement, supervision, and compliance
• All agency staff during pre-employment screening and throughout the duration of their employment or engagement

3. Related Policies

• Recruitment Policy
• Safeguarding Adults and Children Policy
• Equal and Fair Recruitment Policy
• Candidate Confidentiality and Data Handling Policy
• Whistleblowing Policy
• Disciplinary Policy
• Supervision and Appraisal Policy

4. Policy Statement

{{org_field_name}} is committed to ensuring that no person who is disqualified, barred, or otherwise unsuitable is permitted to work in regulated healthcare services. The agency adopts a zero-tolerance approach towards the employment of disqualified persons and will carry out thorough pre-employment screening and continuous monitoring to detect and address disqualification concerns at the earliest opportunity. All recruitment decisions will be made with full regard to safeguarding responsibilities and the legal requirement to protect vulnerable adults and children from harm.

5. Responsibilities

Director
The Director will:

• Oversee the implementation, monitoring, and review of this policy
• Ensure all recruitment and compliance staff are trained on disqualification criteria and safeguarding responsibilities
• Approve and monitor all disqualification checks
• Act promptly upon identification of actual or potential disqualification
• Take appropriate action where disqualification, barring, or unsuitability is established, including suspension, termination of employment, or referral to relevant authorities
• Maintain confidential records of disqualification checks, declarations, and outcomes

All Staff
All agency staff are responsible for:

• Completing pre-employment declarations honestly and fully
• Informing {{org_field_name}} immediately if they become disqualified, are under investigation for safeguarding concerns, or are subject to barring procedures during their engagement
• Co-operating fully with checks and ongoing monitoring
• Reporting safeguarding concerns or suspected disqualification of colleagues through appropriate channels

6. Legal Framework for Disqualification

Disqualification may arise from:

• Inclusion on the Children’s Barred List and/or the Adults’ Barred List maintained by the DBS
• Conviction, caution, or warning for specified offences, including those relating to safeguarding, abuse, neglect, violence, fraud, or sexual offences
• Orders under the Childcare Act 2006 or Disqualification under the Childcare (Disqualification) Regulations 2018
• Being subject to a prohibition, restriction, or barring imposed by a professional regulator such as the Nursing and Midwifery Council (NMC)
• Failing to disclose relevant criminal convictions as required under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
• Being found unfit to work with vulnerable adults or children by a safeguarding investigation, court, or other authority

7. Pre-Employment Checks

All applicants will undergo rigorous pre-employment checks, which include:

• Completion of a declaration of criminal history and safeguarding concerns
• Enhanced Disclosure and Barring Service (DBS) check including check against the Children’s and Adults’ Barred Lists
• Verification of professional registration (e.g., NMC PIN for nurses)
• Receipt of satisfactory references covering at least the last three years
• Verification of identity and right to work
  Applicants who fail to meet the requirements of these checks will not be permitted to proceed with the recruitment process.

8. Self-Declaration

All applicants and existing workers must declare:

• Any criminal convictions, cautions, reprimands, warnings, or pending investigations
• If they are on the DBS barred lists
• If they are subject to any professional restrictions or conditions
• If they have been subject to safeguarding investigations
• Any disqualifications under childcare disqualification legislation if applicable
  Declarations will be reviewed by the Director and assessed against the role applied for and safeguarding considerations.

9. Ongoing Monitoring

Temporary staff are required to:

• Disclose to {{org_field_name}} immediately if they become disqualified, barred, or subject to professional restriction
• Notify the agency of any new convictions, cautions, or formal investigations during their engagement
  The Director will review annual declarations as part of appraisal, supervision, or contract renewal processes to ensure ongoing suitability.

10. Handling Disqualification Cases

Where disqualification is identified or suspected:

• The Director will carry out a full and confidential investigation
• The staff member may be suspended from duties pending investigation
• Relevant authorities, such as the CQC, NMC, DBS, or the Local Authority Designated Officer (LADO) may be notified
• The staff member will have the opportunity to present evidence or mitigation
• The Director will decide on the appropriate course of action, which may include termination of employment or referral to external safeguarding bodies
• A written record of the investigation and outcome will be maintained

11. Rehabilitation of Offenders

{{org_field_name}} acknowledges its responsibilities under the Rehabilitation of Offenders Act 1974. However, given the safeguarding requirements of the agency, posts involving regulated activity are exempt from the Act and all convictions (spent and unspent) and cautions must be disclosed.
Each case will be assessed individually, considering:

• The nature of the offence
• The length of time since the offence occurred
• Any pattern of offending behaviour
• Evidence of rehabilitation
  The decision to employ an individual with previous convictions will rest solely with the Director and will prioritise the protection of service users.

12. Staff Support

Where appropriate, the Director will:

• Offer confidential advice and support to workers unsure of their obligations under this policy
• Ensure that staff are treated fairly and consistently during any disqualification process
• Provide access to occupational health, counselling, or external advisory services where necessary
• Inform workers of their rights to representation and appeal during investigations

13. Training

All recruitment, compliance, and supervisory staff will receive training on:

• Understanding disqualification, barring, and safeguarding legislation
• Recognising and responding to signs of disqualification risks
• Conducting safe and fair recruitment processes
• Recording and storing disqualification information securely
  Training will be updated annually or when legislation changes.

14. Confidentiality

Information regarding disqualification or barring will be treated as highly confidential and shared only with those who have a legitimate need to know. All information will be stored securely and handled in compliance with The Data Protection Act 2018 and UK GDPR.

15. Governance and Quality Assurance

The Director will:

• Audit recruitment and compliance files to ensure disqualification checks have been completed
• Review disqualification cases and ensure learning is shared appropriately within the agency
• Update procedures where necessary to maintain alignment with legislative or regulatory changes
• Include disqualification and safeguarding oversight within the agency’s Quality Assurance framework

16. Whistleblowing

Any staff member who suspects that another worker may be disqualified or unfit to carry out regulated activity has a duty to report their concern following the Whistleblowing Policy. Reports will be handled sensitively and investigated thoroughly without fear of retaliation.

17. Director’s Oversight

The Director is responsible for:

• The implementation and review of this policy
• Ensuring full compliance with disqualification and safeguarding legislation
• Making final decisions in relation to disqualification, barring, or suitability for employment
• Ensuring all staff are trained and confident in applying this policy
• Acting as the safeguarding lead for disqualification matters

18. Policy Review

This policy will be reviewed annually by the Director or earlier if prompted by legislative changes, safeguarding learning, or incident investigations.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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