Staff living with someone with a conviction for a violent or sexual crime face disqualification, says public sector union Unison

Schoolchildren in England are facing disruption because hundreds of staff are being suspended as a result of revised child protection guidance from the government.

More than 300 school staff – including teachers – are thought to have been suspended, according to the public sector union Unison, after they complied with government requirements that they should disclose if they are living with someone with a conviction for a violent or sexual crime.

Staff who report such connections will not be allowed to work in primary schools unless they apply for a waiver from the schools inspectorate, Ofsted.

One headteacher, living with his elderly father who has historic convictions, resigned rather than be suspended, according to Brian Lightman, general secretary of the Association of School and College Leaders.

Lightman, whose union represents many state school head teachers, said: “There’s a real risk that a lot of people will be suspended when really they haven’t done anything themselves.”

Regulations requiring disclosure have been in place for childminders and nurseries, but the problem in schools has arisen since the government highlighted the requirement in new guidance issued late last year.

Ofsted is said to be overwhelmed by applications for waivers, with staff struggling to cope with the backlog of requests for forms. Schools meanwhile are battling to fill gaps as staff are being told they may have to remain suspended for up to two months until Ofsted can deal with the waiver requests.

Jon Richards, Unison’s head of education, said: “There are serious question marks over whether the Department for Education’s supplementary advice to schools is an effective tool in child protection. It has already resulted in hundreds of innocent staff being suspended from schools.

“Because the regulations apply to people living or working in the same household, many members of staff are being suspended for issues completely unrelated to child safety. Staff who have been in post for a long time and have demonstrated that they do not pose a risk are being suspended and left in limbo.”

The National Association for Head Teachers (NAHT) reported a surge in calls to their helpline. Russell Hobby, NAHT general secretary said: “We all want children to be safe in school but these regulations are not yet in a workable state.

“We are working with the government to help them make the guidance more effective. At present they are designed for childcare in the home not school settings.

“They will prevent good and trustworthy staff from doing their jobs and wrap schools up in unnecessary red tape, distracting them from real safeguarding issues and the hard work of raising standards.”

A Department for Education spokesperson said that its guidance had not changed, and schools should use their discretion in applying the rules. “Nothing is more important than keeping children safe and schools should ensure this is paramount in everything they do.

“These are not new requirements and the law has not changed. Schools and governing bodies should use their judgment when deciding which school staff are covered and where it is deemed necessary take action.”

Ofsted said it had seen an increase in waiver applications following publication of the updated government guidance.

A spokesperson said: “While we process all applications as quickly as possible, we must also investigate each application thoroughly before making a decision to grant a waiver. This can often take time, particularly in more serious or complex cases.

“We appreciate the inconvenience this may cause to some staff affected. However, parents and carers would expect us to take all necessary steps to ensure that children are safeguarded.”