Update for Childminders: Ukraine overseas checks

Department of Education

Department for Education, Early Years Entitlement Team update.

The Department for Education have confirmed that the Ministry of Internal Affairs of Ukraine and the Ukraine Embassy are now able to complete criminal information checks.  

Please refer to the message below from the Early Years Entitlements Team.

Childminder host guidance

On the 11 April 2022 we wrote to you about childminders hoping to host families from Ukraine, and provided a link to guidance on the Foundation Years website for childminders. At the time of writing the guidance, the Ministry of Internal Affairs and the Ukraine embassy were not able to obtain the required documents to check the criminal records of individuals. As Early Years providers must not allow people whose suitability has not been checked, including through a criminal records check, to have unsupervised contact with children being cared for, it would not have been likely that Ofsted or the childminder agency (CMA) with which the childminder is registered would be able to approve the individual(s) as suitable to live on the childminder’s registered premises where childminding takes place. Consequently, the guidance recommended, where possible, that childminders discussed the likelihood of this outcome with the family or individual before agreeing to a match.

Now that overseas criminal checks are operational, we will be removing this guidance for childminders from the Foundation Years website.

Workforce guidance

We understand LAs have been approached by individuals from Ukraine wishing to enter the EY workforce. Please see the following guidance which outlines the process of obtaining a DBS and criminal checks for individuals who have lived abroad, and specifically for those from Ukraine:

Early Years providers must not allow people whose suitability has not been checked, including through a criminal records check, to have unsupervised contact with children being cared for.  

Registered providers must obtain an enhanced criminal records check in respect of every person aged 16 and over (including for unsupervised volunteers, and supervised volunteers who provide personal care) who:  

  • works directly with children   
  • lives on the premises on which the childcare is provided (unless there is no access to the part of the premises when and where children are cared for) and/or   
  • works on the premises on which the childcare is provided (unless they do not work on the part of the premises where the childcare takes place, or do not work there at times when children are present)  

 An additional criminal records check (or checks if more than one country) should also be made for anyone who has lived or worked abroad. The Home Office provides guidance to employers who wish to request overseas criminal records checks for time spent overseas. This guidance includes who can apply, how to apply, and contact details for criminal record checks overseas, and can be found at: https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants.  

Ukrainian citizens can apply for their Ukrainian criminal record information via the website of the Ministry of Internal Affairs of Ukraine here: https://vytiah.mvs.gov.ua/app/landing. To apply for this service the Ukrainian citizen will need an electronic signature. After receiving an extract in Ukrainian, they will need to apply for a letter from the Embassy of Ukraine, which will confirm the information in the extract in English so it can be used in the UK.  

While there is no formal requirement in the Early Years Foundation Stage framework or other relevant guidance that requires applicants to provide references, providers must ensure that people looking after children are suitable to fulfil the requirements of their roles. Providers must have effective systems in place to ensure that practitioners, and any other person who may have regular contact with children (including those living or working on the premises), are suitable. 

We hope this guidance is of help and would like to take this opportunity to thank you for your continued hard work on the Ukraine resettlement.

As usual, please let us know if you have any questions by contacting the team either via the entitlements inbox at EARLYYEARS.ENTITLEMENTS@education.gov.uk or in your routine calls with your Regional Lead.

The Early Years Entitlements Team
E: EARLYYEARS.ENTITLEMENTS@education.gov.uk

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Published: 7th September 2022