Section 128 checks

Make sure you know who should have a section 128 check under the latest safeguarding guidance and how school staff will carry one out. Understand what the check looks for and why it's important.

Last reviewed on 14 July 2023See updates
School types: AllSchool phases: AllRef: 32931
Contents
  1. Check if someone is banned from school governance and management
  2. Governance and staff roles which require checks
  3. When section 128 directions are issued
  4. Section 128 checks give a fuller picture of someone's suitability
  5. How checks are conducted

Check if someone is banned from school governance and management

If a person has been issued with a 'section 128 direction', they can't serve on your governing board, and in academies it also means they can't be on the senior management team.

Governance and staff roles which require checks

Maintained schools should carry out these checks for all governors, because a person prevented from participating in the management of an independent school by a section 128 direction is also disqualified from being a governor in a maintained school.

This is set out in paragraphs 266 and 321 of Keeping Children Safe in Education (KCSIE) 2024.

Trust members and trustees Individuals who sit on committees or local governing bodies (LGBs) with delegated responsibilities For example, local governors on LGBs, or people who sit on trust committees but who aren't trustees (sometimes called 'associate members') Staff engaged in