Section 128 Barring Direction Check

With effect from 5^th January 2015 it is mandatory for all Proprietor Governors and Members of the Senior Leadership Team, including Heads of Departments, in academies and free schools to be checked that they are not barred under the terms of Section 128 of the Education & Skills Act 2008.    This check is undertaken via Teacher Services website.  Please refer to the Safeguarding in Employment pages on Schoolsweb for more detailed information.

The requirement for section 128 checks covers individuals “taking part in the management of an independent school” which consequently covers:

• Membership of an Academy’s proprietor body (which includes Governors if the Governor’s Body is the proprietor body for an Academy);
• A Headteacher;
• All teaching and non-teaching positions on a Senior Leadership Team;
• Teaching positions which are deemed to be Heads of Department.

Section 128 checks are not required for current staff and members of a proprietor body of an Academy who were in position prior to 5 January 2015. Section 128 checks only need to be undertaken for relevant new staff members and members of a proprietor body of an Academy appointed after that date.

With effect from 3 September 2018 (KCSiE) this check is now mandatory for all governors (new and existing) including those in LA Maintained Schools.