Section 128 checks

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

Last reviewed on 8 June 2023See updates
School types: AllSchool phases: AllRef: 36404
Contents
  1. In a nutshell
  2. Who needs to do them?
  3. What are they?
  4. Why are these checks important?
  5. How to conduct a check

In a nutshell

Section 128 checks see whether a person is banned from being involved in the management and governance of schools.

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

Who needs to do them?

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 paragraph 260 and 314 of Keeping Children Safe in Education (KCSIE) 2023. 

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

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