Section 128 checks for proprietor governors in academies and free schools

Section 128 of the Education and Skills Act 2008 prohibits unsuitable staff and proprietors from “taking part in the management of an Independent School.” 

For this legislation, academies and free schools are now included in the definition of an independent school.

Section 128 Barring Direction Checks for Governors DOCX, 22.2KB

Chair of trustees - academy trusts

Academy trust chairs of trustees must complete a suitability check with the Education and Skills Funding Agency (ESFA) as soon as they are appointed.

This is to comply with legislation and to keep children safe in education.

When completing a suitability check ESFA will consider any further information, including where individuals are barred from teaching or the management of a school.

The Education and Skills Funding Agency (ESFA) carries out suitability checks on newly appointed chairs of trustees on behalf of the Secretary of State for Education. These checks are intended to provide confidence in the suitability of chairs of academy trusts and support safeguarding requirements set out in The Education (Independent School Standards) Regulations (2014) and Keeping Children Safe in Education 2023.

The suitability check includes:

• an identity check
• confirmation of proof of right to work in the United Kingdom
• an enhanced Disclosure and Barring Service (DBS) check
• providing additional information where a “Chair” has lived outside the United Kingdom for a period of 12 months or longer

View GOV.uk's information about academy trust chair suitability checks. This includes all the information required, including links to the other required documents.

Teaching Regulation Agency Checks on Teaching Assistants and Higher Level Teaching Assistants

Prohibition order checks for TAs/ HLTAs undertaking teaching work are required. A record of each check made should be recorded on the Single Central Record.

Where an individual is prohibited, their details will appear on the Prohibited List which is administered by the NCTL and can be accessed through the Employer Access online System (now Teacher Services)

Prohibition orders
Prohibition orders for teaching assistants and higher level teaching assistants
How to process a Prohibition Order

Single Central Record guidance 

It is a statutory requirement (Keeping Children Safe in Education) for all schools and academies to keep and maintain a single central record (SCR) of recruitment and vetting checks for their whole workforce.

This includes:

• volunteers
• supply staff
• teacher trainees on salaried routes

Academies will also need to keep the same information for all members of the proprietor body.
MATs must maintain the SCR detailing and checks carried out in each academy within the MAT. Whilst there is no requirement for the MAT to maintain an individual record for each academy, information needs to be recorded in a way that it can be provided separately.

Every academy in a MAT needs to maintain an SCR. Where the MAT employs staff who are not assigned to an individual academy, those employees must be recorded on an SCR for the MAT, along with all others employed by the MAT and its trustees.

Where teaching staff work in more than one academy across the MAT, they should be recorded on the SCR for one academy. This should be the academy where they spend the most teaching time or the one against which they are recorded for pay and other purposes.

For other academies where the member of staff operates, there should be a reference on the SCR to the fact that their record is held at ‘XX academy’.

Academies

Academies will also need to keep the same information for all members of the proprietor body. MATs must maintain the SCR detailing and checks carried out in each academy within the MAT. Whilst there is no requirement for the MAT to maintain an individual record for each academy, information needs to be recorded in a way that it can be provided separately. KCSIE paragraph 275.

Every academy in a MAT needs to maintain an SCR. Where the MAT employs staff who are not assigned to an individual academy, those employees must be recorded on an SCR for the MAT, along with all others employed by the MAT and its trustees.

Where teaching staff work in more than one academy across the MAT, they should be recorded on the SCR for one academy. This should be the academy where they spend the most teaching time or the one against which they are recorded for pay and other purposes.

For other academies where the member of staff operations, there should be a reference on the SCR to the fact that their record is held at ‘XX academy’.