We have become aware that a number of schools are using an outdated version of the Single Central Record template which does not include a column to confirm that Section 128 checks have been undertaken.
A section 128 direction prohibits or restricts an unsuitable individual from participating in the management of an independent school, including academies and free schools. An individual who is subject to a section 128 direction is unable to:
- take up a management position in an independent school, academy, or in a free school as an employee
- be a trustee of an academy or free school trust; a governor or member of a proprietor body of an independent school, or
- be a governor on any governing body in an independent school, academy or free school that retains or has been delegated any management responsibilities
We would like to remind all schools that it is a statutory requirement to undertake Section 128 checks for the following people (as set out in Keeping Children Safe in Education):
- independent schools, including academies and free schools, must check that a person taking up a management position as described at paragraph 256 is not subject to a section 128 direction made by the Secretary of State
- all schools must ensure that an applicant to be employed to carry out teaching work is not subject to a prohibition order issued by the Secretary of State (see paragraph 253) for prohibition checks or any sanction or restriction imposed (that remains current) by the GTCE (see paragraph 255), before its abolition in March 2012
- before employing a person to carry out teaching work in relation to children, colleges must take reasonable steps to establish whether that person is subject to a prohibition order issued by the Secretary of State
A person subject to a section 128 direction is also disqualified from holding or continuing to hold office as a governor of a maintained school.
For schools that use Schools’ Choice HR services, a copy of the up-to-date template is available in their Safer Recruitment Toolkit.
Schools that do not use Schools’ Choice HR services should consult with their HR provider to ensure they are using the most up to date SCR template.