FAQs about the s128 Checks
What is the s128 check?
A section 128 check will reveal whether a person has been prohibited from being involved in the management of a school.
The check refers to the Education and Skills Act 2008, section 128, in which the Secretary of State for Education 'is able to make directions prohibiting individuals from taking part in independent school management'. Independent schools include academies and free schools.
Why is it only independent schools, shouldn't it also prevent people being involved in maintained schools too?
A person prohibited from the management of independent schools is also prohibited from being a governor of a maintained school too.
Keeping Children Safe in Education (2019), says: 'a section 128 direction disqualifies a person from holding or continuing to hold office as a governor of a maintained school'. (paragraphs 118 and 126)
Where can I find the legislation for this?
For independent schools: Education and Skills Act 2008, section 128
For maintained schools: Education and Skills Act 2008, section 128 amended by the School Governance (Constitution)(England) Regulations 2012 and the School Governance (Constitution and Federations) England) (Amendment) Regulations 2014)
What does Keeping Children Safe in Education say?
You can find information on the s128 checks in Keeping Children Safe in Education (2019) paragraphs 128 - 131; paragraph 130 says 'A person prohibited under section 128 is also disqualified from holding or continuing to hold office as a governor of a maintained school'.
Who should be checked under section 128?
- members of the proprietor body (including governors)
- head teacher
- teaching positions on the senior leadership team
- any teaching positions which carry a department headship
How is the s128 check completed?
See the video here: https://www.safeguardinginschools.co.uk/complete-prohibition-checks-including-s128-check/
Teacher Regulation Agency
What is the person does not have a teacher number?
Teacher numbers are not required for the check, indeed some governors or proprietors will not be qualified teachers.
Disclosure and Barring Service
From September 2018, any prohibition from management will be included in an Enhanced DBS certificate.
Where are the s128 checks recorded?
On the Single Central Record