Section 128 checks: a guide for schools and academies.
Who needs a section 128 check, how to run it, where it goes on the single central record, and the references that sit alongside it for leadership roles.
What is a section 128 check?
A section 128 check confirms that a person is not subject to a direction under section 128 of the Education and Skills Act 2008, which bars them from taking part in the management of an independent school, academy or free school. Schools run it through DfE's free Check a teacher's record service. RefAssure collects the written references that sit alongside it.
What a section 128 direction does
The Secretary of State can make a section 128 direction to prohibit or restrict an unsuitable person from participating in the management of an independent school, including academies and free schools. The grounds are set out in the Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014.
According to the Department for Education's Keeping children safe in education (KCSIE) guidance, someone subject to a direction cannot:
- take up a management position in an independent school, academy or free school as an employee
- be a trustee of an academy or free school trust, or a governor or member of the proprietor body of an independent school
- be a governor on any governing body in an independent school, academy or free school that keeps or has been delegated management responsibilities
A person subject to a section 128 direction is also disqualified from being a governor of a maintained school.
Who needs a section 128 check?
There is no exhaustive list. KCSIE says the job title is not the deciding factor: what matters is whether the person will take part in management.
Headteachers and principals
Anyone taking up a headship in an independent school, academy or free school.
Deputy and assistant heads
Senior leadership roles are named by DfE as very likely to involve management.
Other managers
Teachers with extra responsibilities may count, depending on the facts. Check the role, not the title.
Trustees and members
Academy trust chairs must make sure members are not subject to a direction. Local governing body members with delegated duties too.
Independent school proprietors
Governors and members of the proprietor body of an independent school.
Maintained school governors
KCSIE says schools should run the check for governors. It is not required on the single central record.
How to run a section 128 check.
Get DfE Sign-in
Use the free Check a teacher's record service on GOV.UK. You need a DfE Sign-in account linked to your school or trust.
Search the person
Search for directions, prohibitions and restrictions. The same service checks teacher prohibition and QTS.
Or use the DBS
A direction is disclosed on an enhanced DBS check with children's barred list information when child workforce independent schools is given as the position.
Record the result
Independent schools, including academies and free schools, must record section 128 checks for management roles on the single central record.
Leadership references, chased for you.
A section 128 check tells you who is barred. References tell you how someone led. KCSIE expects them from the current employer, ideally before interview.
- Add leadership questions to your template: safeguarding leadership, conduct, re-appointment
- Candidate consent collected online before any referee is contacted
- 5 emails and up to 2 texts over 12 days, stopping when the referee submits
- Signed PDF ready for governors and the personnel file
Section 128 questions
More in the full FAQs.
Is a section 128 check the same as a prohibition check?
No. A prohibition order stops someone carrying out teaching work. A section 128 direction stops someone taking part in the management of an independent school, academy or free school. Both are checked through DfE's Check a teacher's record. See our guide to teacher prohibition checks.
Do maintained schools need section 128 checks?
For staff, the legal requirement sits with independent schools, academies and free schools. For governors, KCSIE says maintained schools should run a section 128 check, because a direction disqualifies someone from being a maintained school governor. Recording it on the single central record is optional.
Does an internal promotion need a section 128 check?
The check applies to a person taking up a management position, so an internal move into a management role in an academy should be checked. Fresh references are also good practice, as KCSIE asks schools to explore any concerns before appointment.
Does a DBS check show a section 128 direction?
Yes, an enhanced DBS check with children's barred list information discloses a direction if child workforce independent schools is given as the position applied for. Where someone is not eligible for a barred list check, run the check on GOV.UK instead. Our DBS guide covers check levels.
Does RefAssure run section 128 checks?
No. RefAssure collects references and employment history. You run the section 128 check yourself through DfE's free service, and RefAssure handles the reference part, with signed consent and a PDF audit trail.
What should a headteacher reference ask?
Ask about safeguarding leadership, professional conduct, any disciplinary action or substantiated concerns, relationships with governors, and whether the referee would re-appoint them to a leadership role. For a school-based referee, KCSIE asks for disciplinary details to be confirmed by the headteacher or principal as accurate. Add these questions to a template once.
Related guides
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