This article is part of a The Ultimate Guide to Single Central Record (SCR) Management. 

In the world of UK school recruitment and safeguarding, compliance is a moving target. Among the most frequent areas of confusion for School Business Managers (SBMs) and Headteachers is the Section 128 check.

Despite being a statutory requirement under Keeping Children Safe in Education (KCSIE), many schools still struggle with who needs one, how to perform it correctly, and how to evidence it for Ofsted.

This guide breaks down everything you need to know about Section 128 checks to ensure your Single Central Record (SCR) is inspection-ready.

What is a Section 128 Check? (And why it matters for KCSIE 2025)

A Section 128 check refers to a direction made under Section 128 of the Education and Skills Act 2008. It prohibits or restricts an unsuitable individual from participating in the management of a school (which includes academies and free schools).

Unlike a standard DBS check, which looks at criminal history, a Section 128 direction is often issued due to:

• Professional misconduct.
• Financial mismanagement.
• Conduct aimed at undermining fundamental British values.
• Safeguarding failures.

Section 128 vs. Prohibition from Teaching

It is a common mistake to think these are the same. A Prohibition from Teaching order prevents someone from teaching; a Section 128 direction prevents someone from managing or governing. An individual can be barred from management even if they are not a teacher, and the Section 128 check is of particular importance when appointing and vetting Governors and Trustees.

Who Needs a Section 128 Check?

The requirement depends heavily on your school type. Failing to distinguish between these is a common "red flag" during audits. While not everyone working in a school requires a Section 128 check, anyone involved in management positions must be vetted. To make things more complex, it depends on the type of school:

1. Academies, Free Schools, and Independent Schools

• In these settings, a Section 128 check is mandatory for anyone in a management position. This includes:
  • All members and trustees.
  • The entire Senior Leadership Team (SLT).
  • Governors (including those on local governing bodies).
  • Teaching positions with "departmental headship" (e.g., Head of English, Head of Year).

2. Maintained Schools

In Local Authority maintained schools, the rules are narrower. A Section 128 check is mandatory for all Governors. While SLT members in maintained schools are not legally required to have a Section 128 check, many schools choose to perform them as a "best practice" safeguarding measure. From our own findings, it is now rare for maintained schools to skip Section 128 checks.

The "Promotion Trap": Checks for New SLT and Heads of Department

One of the most frequent challenges a school has is managing promotions and correctly checking staff. When a teacher is promoted to a Head of Department or a member of the Senior Leadership Team (SLT), they are stepping into a "management position" as defined by the Department for Education. This transition is a legal trigger for a Section 128 check but existing school systems don't notify a school that a check is now required.

Be careful not to make assumptions that because a staff member has worked at the school for years, no further checks are required. Safer recruitment legislation is role-specific, not just person-specific. 

Why does a promotion trigger a new check?

A Section 128 direction is specifically designed to prevent unsuitable people from having strategic or financial power in a school. A teacher might be perfectly suitable for the classroom but barred from management due to past financial misconduct or leadership failures elsewhere. By promoting them without a check, a school inadvertently grants them the very "management power" the law may have intended to strip away.

Steps to take during internal promotion:

1. Identify the Change: As soon as a promotion is confirmed (e.g., from Teacher to Head of Science), flag the record for a Section 128 check.
2. Perform the Check: Use the TRA Employer Access Service. Since you already have the teacher’s TRN and Date of Birth, this takes less than 60 seconds.
3. Update the SCR: You must update the "Section 128" column for that individual. The date of the check should be on or before the date they officially start their new management duties. Allowing them to start in a new role before a check has been complete can be deemed a safeguarding failure.
4. DBS Update Service: If the teacher is on the DBS Update Service, you can perform a status check, but remember: in many instances a Section 128 check will only show on a DBS certificate if the "Management of Independent School" text was used in the original application. The TRA route is the safest way to verify internal moves.

Academies vs. Maintained Schools

• In Academies/Free Schools: This check is mandatory for all internal promotions to management (HoD and SLT).
• In Maintained Schools: While legally mandatory only for those joining the Governing Body, it is considered "best practice" to check internal SLT promotions to ensure there are no "red flags" that would undermine the school’s leadership integrity.

SBM Tip: Don’t wait for the new academic year. If a teacher is "Acting Head of Department" for a term, they are in a management role and should be checked immediately to remain KCSIE-compliant.

Section 128 Checks for Governors: Why Section 128 is No Longer Optional

For many years, Section 128 checks were a "private sector" requirement, applicable only to Academies, Free Schools, and Independent Schools. However, legislative changes in September 2018 (via the School Staffing England Regulations) brought Local Authority maintained schools into the same fold.

Today, failing to have a Section 128 check for a Governor, regardless of school type, is one of the most common reasons for a "failed" Single Central Record during an Ofsted inspection.

Who counts as a 'Governor' for this check?

The requirement is broad. You must perform a Section 128 check on:

• All members of the Governing Body (including Parent Governors, Staff Governors, and Foundation Governors).
• Trustees and Members (in Multi-Academy Trusts).
• Associate Members: Even if they do not have full voting rights, if they are involved in the management and strategic direction of the school, they should be checked.

Why schools get caught out

The "Governor Trap" usually occurs in three scenarios:

1. The Long-Standing Governor: A governor who has been on the board for 10+ years may have been appointed before this became a legal requirement. While the law isn't always retrospective, Ofsted's expectation is that all current governors should have this check to ensure the board's integrity. 
2. Parent Governor Elections: In the rush of a parent election, schools often focus on the DBS check but forget the Section 128 check, which must be done before or at the point of appointment.
3. The "Not an Employee" Myth: There is a lingering misconception that because a Governor is a volunteer and not an employee, they don't need the same level of vetting. This is incorrect. Because Governors have strategic leadership and financial oversight, they are "managing" the school in the eyes of the law.

How to check a Governor without a TRN

An area of confusion is how to check a Governor because they do not have a Teacher Reference Number (TRN). You do not need a TRN to check the prohibited list.

• Log into the TRA Employer Access Service.
• Use the "Search by Name" function.
• Even for non-teachers, if a Section 128 direction has been issued against them, it will appear here.

Expert Tip: If you are using the DBS route for a Governor, ensure the "Position Applied For" field explicitly states "Governor" or "Manager of an Independent School" (even in maintained schools, this phrase triggers the correct check in the DBS system).

Note: It is critical to verify and record a Governor's legal name via official ID (Passport, Drivers License, Military ID card) in order to effectively undertake a Section 128 check. A person who has been barred from working in the management of schools may switch to using their middle name, use a shortened version of a legal name (ie Mike instead of Michael), or even change the spelling (ie Clare instead of Claire). When searching by the TRA database, the name must match exactly and barred individuals are always listed under their legal name.  

How to carry out a Section 128 Check Online

Section 128 directions can be checked in one of two ways:

Route 1: The Teaching Regulation Agency (TRA)

This is the fastest method and is available for both teachers and non-teachers.

1. Log in to the TRA Employer Access Service.
2. Search for the individual using their TRN (Teacher Reference Number) or their name and date of birth.
3. Check the "Lists of prohibited individuals" section.
4. Pro Tip: You do not need a TRN to check a governor or non-teaching manager on this system.

Route 2: The Enhanced DBS Route

A Section 128 check can be requested as part of an Enhanced DBS check with a Children’s Barred List check.

Recording Section 128 Checks on the SCR

Ofsted and ISI inspectors will look specifically for how you have evidenced these checks. Your Single Central Record should include:

1. The date the check was completed (this must be before or on the date of appointment).
2. The name of the person who performed the check.
3. The outcome of the check

Why Schools Struggle (And How to Fix It)

Managing Section 128 checks manually often leads to three major issues:

• Role Confusion: Failing to realise a new Head of Department requires the check.
• Retroactive Checks: Discovering a governor was appointed months ago but the check was never logged.
• Administrative Burden: Sifting through different portals for TRA and DBS results.

How School SCR Helps Streamline the Section 128 Process

School SCR is a digital solution built to simplify compliance with SCR and Safer Recruitment requirements, including Section 128 checks. Here’s how it works, and why it significantly improves school safeguarding:

1. Automated Role-Based Checks

School SCR automatically identifies which vetting checks are required based on a staff member’s role. If someone is in a management or leadership position, the platform prompts the admin to complete a Section 128 check and logs it once done. No second-guessing. No forgetting.

2. Smart Integration With DBS and TRA

School SCR integrates with vetting providers and pulls in results directly when available. For those checked through the TRA, School SCR can log results seamlessly. For DBS-based checks, you can attach confirmation of the Section 128 clearance to the person’s profile.

3. Real-Time Status Monitoring

You can see at a glance which checks are complete, pending, or overdue. This means that if a Section 128 check hasn’t been done, or needs updating, you’ll know right away. No more scrambling during inspections or audits.

4. Built-In Audit Trail

Every action in School SCR is logged. If Ofsted or the local authority asks for proof of compliance, you can produce a full digital audit trail in seconds. This reduces anxiety around inspections and improves accountability.

5. Multi-Site Management for MATs

For multi-academy trusts, School SCR lets you manage vetting across all your schools from one central dashboard. So if a governor sits on multiple boards or a senior leader works across sites, their checks only need to be verified once and can be shared across schools.

6. Alerts and Compliance Reporting

Custom alerts notify you when rechecks are needed, or if a record is incomplete. You also get compliance reports that highlight gaps before they become issues. It’s proactive compliance, not reactive firefighting.

Section 128 Checks: Frequently Asked Questions

1. What is the difference between a Prohibition from Teaching check and a Section 128 check?

While both are safeguarding checks performed via the TRA, they serve different purposes. A Prohibition from Teaching check identifies individuals barred from carrying out unsupervised "teaching work." A Section 128 check identifies individuals barred from "management or governance." An individual can be barred from management (S128) but still allowed to teach, or vice versa.

2. Do "Associate Members" of a Governing Body need a Section 128 check?

Yes. If an Associate Member sits on a committee with delegated responsibilities or has any level of strategic or financial oversight, they are considered to be "taking part in the management" of the school. To remain compliant with KCSIE 2025, it is best practice to perform this check on all Associate Members.

3. How do I check someone who doesn't have a Teacher Reference Number (TRN)?

You do not need a TRN to check the Section 128 list. Within the TRA Employer Access Service, you can search by name and date of birth. This is how schools vet non-teaching Governors, Trustees, and Finance Directors.

4. Do central MAT staff (e.g., a CEO or CFO) require a Section 128 check?

Yes. Because Multi-Academy Trust (MAT) central staff have strategic and financial oversight over the academies within the trust, they are in management positions. These individuals should be recorded on either the central MAT SCR or the individual SCRs of the schools they oversee.

5. What should I do if a Section 128 check comes back "positive"?

If an individual appears on the prohibited list, they are legally barred from their role. You must:

• Immediately withdraw any offer of employment or appointment.
• If they are already in post, you must suspend them and seek urgent legal or HR advice.
• Notify the Department for Education (DfE) if you have evidence of conduct that led to this status but was previously unknown.

6. Do I need to perform a Section 128 check for a supply teacher?

Not usually. A supply teacher is generally not in a "management" role. However, if you hire an interim Headteacher or Deputy Head through an agency, the agency must provide written confirmation that a Section 128 check has been carried out as part of their vetting process.

7. Can a Section 128 barring direction be removed or revoked?

Yes, but it is rare. Individuals can apply to the Secretary of State or the First-tier Tribunal to have a direction varied or revoked, usually after a specified period of time. As an employer, you must treat the direction as "active" unless the individual can provide formal evidence that it has been legally lifted.

Get Compliant Today

Safeguarding shouldn’t be a headache. Whether you are managing a single primary school or a large Multi-Academy Trust (MAT), School SCR ensures no check is ever missed.

Book a 15-minute demo to see how we can automate your Section 128 compliance and secure your SCR.