Does the s128 check apply to maintained schools?
Until the publication of Keeping Children Safe in Education (2018), references to the s128 check were related to independent schools (including academies and free schools). Although the latest version of KCSIE reminds schools that these prohibitions also apply to maintained governors, the law has covered these people since 2014.
What is known as the s128 check refers to the prohibition orders in the Education and Skills Act 2008 section 128, which prevent a person from being a governor in an independent school.
The Act covering maintained school governors is the School Governance (Constitution)(England) Regulations 2012, and these were amended in 2014, to also prohibit a person prohibited by s128 from also being a governor in a maintained school; this came into force in September 2014.
When Keeping Children Safe in Education (2018) was published, schools were reminded that the s128 order applies to maintained schools as well as independent schools (including academies and free schools).
refers to this in paragraphs 128 - 131, ‘A person prohibited under section 128 is also disqualified from holding or continuing to hold office as a governor of a maintained school’.