Disqualification by Association

[Anonymous777]

I have just discovered that my partner (who I live with but am not married to) is on the SOR for 5 years and has SHPO for viewing idoc. Since being informed of this I have been desperately trying to find out whether or not this impacts my job role working with children. I have read conflicting information about “disqualification by association” but understand this law/act was changed in 2018.

Could I lose my job because of my partners conviction? I’m on the understanding that staff no longer have to disclose information about convictions of people they live with anymore and I have never been asked to (and until now I didn’t know about his conviction to even disclose it anyway) but I am increasingly concerned about what would happen if my work were to find out. Does disqualification by association still exist? Does it matter if they were to find out if it’s something I didn’t have to disclose anyway?

We haven’t been together long and this has come as a huge shock so any advise on this would be hugely appreciated!!!

[Suzie, FRG Adviser]

Dear Anonymous777

Welcome to the parents’ discussion board and thank you for your post. My name is Suzie and I am FRG’s online adviser. We advise parents and families who have a social worker involved with their children.

Your query is about your role working with children and whether you will be ‘disqualified by association’ as your partner, with whom you live, is a registered sex offender, they are subject to certain notification requirements including their address and also subject to a Sexual Harm Prevention Order because they viewed sexual images of children. You have only recently discovered this which suggests that your partner did not let you know earlier on in your relationship.

I cannot answer your specific questions as your query does not come within our remit or expertise. Your concerns relate to your employment rather than your family life or involvement with children’s services. If you are a parent/carer or have contact with children at home or in your personal life you would need to safeguard them from any possible risk of harm from your partner. Children’s services will become involved if your partner has children or contact with children.

You don’t mention what job you do although you work with children; this is relevant to your query, e.g. if you provide childcare in a domestic setting as a childminder the regulations will be different than if you work in another setting such as a school.

I hope that the following suggestions and links will help you, though:

The best things for you to do may be to:

• Look at the relevant guidance (linked to below),
• Discuss with the Designated Safeguarding Lead in your agency, or
• Seek advice from your professional body or trade union (if you are a member of either) .

Statutory guidance (updated August 2018) Disqualification under the Childcare Act 2006.

This guidance includes a detailed section on ‘Disqualification by Association’ for schools which also focuses on safe recruitment and safeguarding policies which recommend that they create the right environment where it’s appropriate, for staff to discuss matters outside of work, which may have implications for the safeguarding of children in the workplace.

I can see that you are worried about what to do especially about any impact on your job. As you work with children, you will be aware that safeguarding children and promoting their welfare is everyone’s responsibility.

If you want to know more abut the disclosure and barring process you can find it here .

You/your partner may find information provided by the charity Unlock to be helpful.

You may find the Lucy Faithful Foundation’s website, Stop it Now, and their confidential helpline (0808 1000 900) to be useful resources.

I hope this helps.

If children’s services are involved with you in any way please do post back or call our freephone helpline on 0808 8010366, Mon to Fri, 9.30 am – 3.00 pm if you have a query about this.

With best wishes

Suzie