Section 128 Checks

The Section 128 checks the names of individuals who have been barred from taking part in the management of any independent school (including academies and free schools), under the terms of a direction made by the Secretary of State for Education.

OnlineSCR provide a certificate to indicate the check has been completed and you can then enter the dates of the check on your single central record (SCR).

OnlineSCR will then carry out the checks on your behalf. Section 128 requests received before 2.30pm will normally be processed within the same working day. Any orders received after this time will be processed the next working day. As soon as the checks have been completed, you will receive your results certificate via email. Alternatively, we offer the Fast Track scheme which will guarantee the result is provided within 2 hours of receipt of the order if made between 9am-3pm weekdays (excludes Bank Holidays).

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Yes. The Section 128 check if required should have been completed and recorded on the Single Central Record.

Here are two ways to do the check.

  • For people who are not in regulated activity, it can only be done via NCTL Secure Access. This route is available whether or not the person has a teacher number.
  • For people in regulated activity, the check can be done either as above or via the DBS as part of checking the barred list. To do the latter, schools must include on the DBS application form, within box 61, Position Applied for: ‘Child Workforce Independent School’. This allows the DBS to confirm if a section 128 direction has been made.

The following staff are considered to be in management positions for the purpose of this check:

  • headteachers;
  • all staff on the senior leadership team (including non-teaching);
  • teaching positions with departmental headship;
  • proprietors;

Questions arise as to what amounts to ‘departmental headship’. There is no specific definition available. Inspectors should check that the school takes a reasonable approach in the context.

From 12 August 2015, schools must check whether staff appointed to management positions after that date are subject to a section 128 direction. This does not apply staff promoted internally.

The Department for Education “Keeping Children Safe In Education” statutory guidance for schools and colleges as part of their safer recruitment, selection and pre-employment vetting.

A Section 128 sanction is generally a lifetime ban, though in some circumstances the teacher may be able to make a request to have it reviewed after a specified period of time.

Entry on this list means individuals are barred from taking part in the management of any independent school (including academies and free schools), under the terms of a direction made by the Secretary of State for Education.

The Education Act 2011 gives responsibility to the Secretary of State to regulate teachers’ conduct and to hold a list of teachers who have been prohibited from teaching.

No, a Section 128 check is not the same as an Enhanced DBS check nor a children’s barred list check. A Section 128 check is completely separate check.

The Disclosure and Barring Service (DBS) is responsible for deciding whether an individual should be barred from working with children and vulnerable adults and for maintaining a list of those individuals who are determined to be unsuitable (the barred list). The DBS is also responsible for processing requests for Criminal Records Checks, including those made as part of the checks carried out by schools prior to appointing staff. The DBS will consider cases that concern safeguarding matters (i.e. harm or the risk of harm to a child), barring individuals from working with children where appropriate. When considering whether to bar a teacher, the criteria used by the DBS differ from those used by the National College for Teaching and Leadership (NCTL). Where the DBS has decided a case does not meet its criteria for barring, the NCTL can still decide to refer the case to a professional conduct panel for its consideration.

This list contains the names of individuals who have been barred from taking part in the management of any independent school (including academies and free schools), under the terms of a direction made by the Secretary of State for Education.

No, the Section 128 check is only to be carried out for a person in a management position in an independent school, academy or free school as an employee; a trustee of an academy or free school trust; a governor or member of a proprietor body for an independent school; or a governor on any governing body.

A person who is to participate in any management of an independent school such as: a management position in an independent school, academy or free school as an employee; a trustee of an academy or free school trust; a governor or member of a proprietor body for an independent school; or a governor on any governing body.

The following organisations must carry out these checks: –

  • Independent Schools
  • Academies and Free Schools
  • Education Recruitment/Agency companies

The guidance states a Section 128 direction prohibits or restricts a person from taking part in the management of an independent school, including academies and free schools. A person who is prohibited is unable to participate in any management of an independent school such as: a management position in an independent school, academy or free school as an employee; a trustee of an academy or free school trust; a governor or member of a proprietor body for an independent school; or a governor on any governing body in an independent school, academy or free school that retains or has been delegated any management responsibilities. A check for a section 128 direction can be carried out using the Teacher Services’ System https://www.gov.uk/guidance/teacher-status-checks-information-for-employers Where the person will be engaging in regulated activity, a DBS barred list check will also identify any section 128 direction.

The grounds on which a Section 128 direction may be made by the Secretary of State are found in the relevant regulations.

The cost of Section 128 check is £12.50 plus VAT. We provide a certificate with the results as proof that you have carried out the Section 128 check.

Section 128 requests received before 2.30pm will normally be processed within the same working day. Any orders received after this time will be processed the next working day. As soon as the checks have been completed, you will receive your results certificate via email. Alternatively, we offer the Fast Track scheme which will guarantee the result is provided within 2 hours of receipt of the order if made between 9am-3pm weekdays (excludes Bank Holidays).

How do I order a Section 128 Check?

  1. Create/Log in to your account here.
  2. Order and pay for check online.
  3. Receive your certificate with the results.

To order a Section 128 check click here.

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Want us to manage your single central record?

Working alongside Heads, Schools and various Consultants we have successfully built and implemented a brand new state of the art system, an advanced data storage facility that keeps you up to date on all mandatory checks that are required to be recorded on your Single Central Record.

onlineSCR is a faster, more reliable and efficient system than a standard spreadsheet, with our built-in automated emailing reminder system that alerts you when all mandatory checks are required and then records them securely within your account.

The system also allows you to order all our additional services such as Children’s Barred List (List 99) Checks, Qualified Teacher Status checks, Prohibition checks, EEA checks, Section 128 checks as set out in our services list. All results are automatically fed back into your Single Central Record from all additional checks ordered.

For an additional cost, our Import Facility takes your current single central record spreadsheet and transfers the information into your OnlineSCR account. This facility gives us the opportunity to audit your current single central record and flag up any missing records or checks.

Working with our partners at APCS we also offer an online checking service for DBS certificates which have been placed on the ‘DBS Update Service’ those results will be emailed to you as often as you require.

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