All governors, in whatever kind of school such as, maintained, independent, academy, or free school, must have an Enhanced DBS Certificate. This follows amended legislation that came into force on the 18th of March 2016 to make Enhanced DBS checks mandatory for governors in maintained schools.

LA Maintained Schools must undertake 'section 128 checks' for all governors. Section 128 of the Education and Skills Act 2008 prohibits unsuitable staff and proprietors from 'taking part in the management of an Independent School.' 

This legislation, which included academies and free schools, has now been extended further to include governors of LA Maintained Schools. This is set out in Keeping children safe in education 2024

Section 128 checks

To check Section 128 list please use this link Individuals prohibited from managing or governing schools - GOV.UK  The list is in alphabetical order, please check and ensure the name does not appear on that list.