Most school business managers know the DBS check inside out. Many are comfortable with prohibition checks and QTS verification. But there is one statutory check that still catches schools out — particularly during Ofsted inspections — more than almost any other.
The Section 128 check. Required under KCSIE 2025 for anyone in a management role at an independent school, academy, or free school, and for governors across all school types, it is a compliance requirement that is frequently misunderstood, missed entirely, or recorded incorrectly in the Single Central Record.
This guide explains exactly what a Section 128 check is, who needs one, how to carry it out, and what your SCR needs to show to be inspection-ready.
In this guide:
A Section 128 check refers to a direction made by the Secretary of State under Section 128 of the Education and Skills Act 2008. A direction prohibits or restricts an individual from taking part in the management of an independent school, academy, or free school.
Unlike a DBS check — which looks at criminal history — a Section 128 direction is typically issued due to:
| Reason for direction | Examples |
|---|---|
| Professional misconduct | Serious failings in a leadership or governance capacity |
| Financial mismanagement | Misuse of school funds or fraudulent conduct |
| Safeguarding failures | Serious failings in the discharge of safeguarding responsibilities |
| Undermining British values | Conduct that promotes extremism or undermines fundamental British values |
A Section 128 direction is entirely separate from a prohibition order (which bars someone from teaching) and from a DBS barred list check. Someone could have a clean DBS certificate and no prohibition order but still be barred from managing a school under a Section 128 direction. This is one of the most common misconceptions among school leaders.
A person who is subject to a Section 128 direction cannot legally hold a management role at an independent school, academy, or free school. If a maintained school governor is subject to a Section 128 direction, they are also disqualified from that role — even though the direction technically applies to independent schools and academies.
Under KCSIE 2025, a Section 128 check is required for anyone who is taking part in the management of an independent school, academy, or free school. The requirement is broad and extends well beyond headteachers.
The following roles require a Section 128 check:
| Role | Section 128 check required? |
|---|---|
| Headteacher | ✓ Yes |
| Deputy headteacher and assistant headteacher | ✓ Yes |
| Other members of the senior leadership team (teaching and non-teaching) | ✓ Yes |
| Teachers with departmental headship or line management responsibilities | ✓ Yes |
| Governors and trustees (all school types) | ✓ Yes |
| MAT trustees, members, and central staff with strategic oversight | ✓ Yes |
| Associate members on committees with delegated responsibilities | ✓ Best practice |
| Standard classroom teachers with no management responsibilities | ✗ Not required |
| Support staff with no management responsibilities | ✗ Not required |
Important note on middle leaders: KCSIE does not prescribe a precise definition of "departmental headship." Schools must apply reasonable professional judgement. If a teacher is acting as Head of Department — even temporarily — they are considered to be in a management role and a Section 128 check should be carried out before they take up that position. Do not wait until the end of the term or until a permanent appointment is confirmed.
Similarly, if a teacher takes on an acting headship or interim leadership responsibility, a Section 128 check is required from the point at which they assume that role.
For many years, Section 128 checks were understood to be a requirement solely for independent schools, academies, and free schools. This has led to widespread confusion — and compliance gaps — in maintained schools.
The position under KCSIE 2025 (paragraphs 261 and 319) is clear:
| School type | Section 128 check required? | Must be recorded on SCR? |
|---|---|---|
| Independent school | ✓ Yes — all management roles | ✓ Yes |
| Academy / free school | ✓ Yes — all management roles | ✓ Yes |
| Maintained school (staff in management roles only) | ✗ Not required for the maintained school role itself | ✗ Not applicable |
| Maintained school (governors) | ✓ Yes — required for all governors | ✓ Recommended — record it |
The reason maintained school governors require a Section 128 check is important to understand: a person who is subject to a Section 128 direction — and is therefore barred from managing an independent school — is also legally disqualified from serving as a governor at a maintained school. The check is therefore required to verify that a proposed governor is not subject to such a direction, even though maintained schools are not themselves covered by the direction.
For staff in management roles at maintained schools — headteachers, deputies, SLT — a Section 128 check is not required under KCSIE for that maintained school role. Section 128 directions apply specifically to independent schools, academies, and free schools. The only exception is where an individual holds a management role that spans both school types — for example, an executive headteacher who leads both a maintained school and an academy, or a MAT CEO overseeing a mixed trust. In that case, the check is required because of the academy or independent school element of their role, not the maintained school element.
For maintained school governors, KCSIE 2025 paragraph 319 states there is no strict requirement to record the check on the SCR — however, schools should record it. It is evidence an inspector may ask to see, and recording it demonstrates that the check was carried out before the governor took up their role.
Section 128 checks are carried out using the Section 128 list, which is a list published on GOV.UK of all individuals currently subject to a direction under Section 128 of the Education and Skills Act 2008.
Important: Since KCSIE 2025 came into force, references to the old Employer Secure Access portal have been removed (paragraph 319). Schools must now use the direct GOV.UK link for Section 128 checks. If your SCR template or internal guidance still references Employer Secure Access, update it now.
There are two ways to carry out the check:
The Section 128 list is separate from the Check a Teacher's Record service. Schools can check individuals against it via GOV.UK by name and date of birth. No Teacher Reference Number (TRN) is required — which is important because governors, trustees, and finance directors will typically not have a TRN.
A Section 128 direction will be disclosed when an Enhanced DBS check with children's barred list information is requested, provided that "child workforce independent schools" is specified on the application as the position applied for. Where a person is not eligible for a children's barred list check but will be working in a management position in an independent school, a Section 128 check should be carried out using GOV.UK. (KCSIE 2025, paragraph 264.)
⚠ Note for school business managers: The Check a Teacher's Record service — used for prohibition checks and QTS verification — does not cover Section 128 checks. These are two separate processes. Always check the Section 128 list independently, even if you have already run a prohibition check.
Getting the check done is only half the job. How you record it in your Single Central Record matters just as much when an inspector arrives.
What your SCR should show for a Section 128 check:
You do not need to store a copy of the Section 128 list on file. The record in the SCR — with the date and confirmation of the outcome — is sufficient evidence for inspection purposes. However, it must be present and must be dated prior to the individual taking up their role.
OnlineSCR includes a dedicated field for Section 128 checks within each staff profile, allowing you to log the date of the check and confirm the outcome as part of your standard pre-appointment workflow. The system flags missing checks automatically, so no management appointment slips through without the correct pre-employment checks in place.
For more detail on what must and must not appear in your SCR, see our complete guide to the Single Central Record.
No. Unlike a DBS certificate — where schools often adopt a three-year refresh cycle as good practice — there is no statutory expiry period for a Section 128 check. A check carried out at the point of appointment remains valid for as long as the individual remains in the same role.
However, there is an important distinction to be aware of:
Role changes trigger a new check. If a member of staff moves into a management role — for example, a classroom teacher who becomes Head of Department, or a teacher promoted to deputy headteacher — a new Section 128 check should be carried out before they take up that management position. Do not rely on an older check carried out at a time when they were not in a management role.
It is also worth building a routine review into your annual safer recruitment data cleanse. While the check itself does not expire, your SCR should reflect the current structure of your school. If your leadership team has changed and new management appointments have not had their Section 128 checks recorded, that is a gap inspectors will identify.
Section 128 checks are a regular cause of SCR failures during Ofsted inspections. These are the mistakes we see most often:
| Mistake | Why it matters |
|---|---|
| Not checking governors at maintained schools | The check is still required. A person subject to a Section 128 direction cannot be a maintained school governor. |
| Using Check a Teacher's Record instead of the Section 128 list | These are entirely separate checks. Check a Teacher's Record does not disclose Section 128 status. |
| Not checking middle leaders who take on management responsibilities | Anyone in a management role — including interim or acting positions — requires a check before taking up that role. |
| Not recording the check in the SCR (for academies and independent schools) | The check must be evidenced on the SCR with a date. Verbal confirmation is not sufficient. |
| Assuming the DBS check covers it | A standard Enhanced DBS check does not disclose Section 128 status. A separate check is always required unless the DBS was specifically submitted with "child workforce independent schools" specified as the position applied for. |
| Using the old Employer Secure Access portal | KCSIE 2025 removed this reference. Schools must now use the direct GOV.UK link for Section 128 checks. |
OnlineSCR is built around the full range of checks required under KCSIE 2025 — including Section 128. Rather than managing compliance checks across multiple systems or spreadsheets, everything is handled in one place.
With OnlineSCR, your school can:
Our team provides free ongoing telephone support for all customers. If you are ever unsure whether a particular role requires a Section 128 check, or how to record it correctly in your SCR, you can pick up the phone and speak to someone who knows the answer.
Keep your SCR inspection-ready, all year round.
Speak to the OnlineSCR team today to find out how we can help.
| Book a free demo | Call 0151 606 5101 |
Yes — for governors. A person subject to a Section 128 direction is disqualified from being a governor at a maintained school, so the check is required for all proposed governors regardless of school type. For staff in management roles at maintained schools who do not also hold a management position at an independent school or academy, the check is not required under KCSIE — but the governor check remains mandatory.
No. The Section 128 list on GOV.UK can be searched by name and date of birth. This is particularly important for governors, trustees, and finance directors who will not have a TRN.
It can, but only in specific circumstances. A Section 128 direction will be disclosed when an Enhanced DBS check with children's barred list information is requested, provided that "child workforce independent schools" is specified on the application as the position applied for (KCSIE 2025, paragraph 264). For governors and trustees at maintained schools, carrying out the check via GOV.UK is the most straightforward approach.
There is no statutory expiry period for a Section 128 check. However, if a member of staff moves into a management role — including an interim or acting management position — a new check should be carried out before they take up that role.
They cannot lawfully take up or continue in a management role at an independent school, academy, or free school, and they are disqualified from serving as a governor at any type of school. You should not appoint them to that role and should seek HR and legal advice if they are already in post.
No. A prohibition check (via Check a Teacher's Record on GOV.UK) confirms whether someone is prohibited from teaching by the Teaching Regulation Agency. A Section 128 check confirms whether someone is barred from managing or governing a school. Both may be required for the same individual — they are entirely separate checks that must be carried out independently.
This guide is based on Keeping Children Safe in Education September 2025 (KCSIE 2025), which came into force on 1 September 2025. Schools should always refer to the current statutory guidance and seek appropriate advice if in doubt. For questions about your SCR or Section 128 checks, contact the OnlineSCR team on 0151 606 5101.
