How to complete Prohibition Checks, including s128 check (Video)

UPDATE In April 2018 the National College for Teaching and Leadership was replaced by the Teaching Regulation Agency. Wording on the website referenced in the video has subsequently been changed, but the function of the website is the same.

Prohibition Checks

In this video, we’re going to look at completing prohibition checks. There are three different checks that need to be done and this video will help you to do that. I created this video at the beginning of September 2016, just after the latest version of Keeping Children Safe in Education 2016 was published, and came into force on the 5th September 2016.

This video will show you how to complete all these prohibition checks using the NCTL’s Teacher Services website.

I want to look here at completing prohibition checks because even though these have been around for some time, I just want to underline how important they are.

From the 2nd September 2013, under the School Staffing Regulations (Amended) 2013, a check was put in place to ensure that schools made sure that anybody coming to work in their school was not Prohibited from Teaching or indeed under an interim Prohibition Order.

All the up to date guidance on how to complete the Single Central Record is in Keeping Children Safe in Education (September 2016) paragraph 112, where you’ll find all the details of the statutory checks, and the columns to put in the SCR.

Remember, in the context of Safer Recruitment, ‘prohibition’ doesn’t mean the same as ‘barring’. The Barred List is quite separate to the prohibition checks, and it’s what used to be called List 99. The barred list is typically done when you ask for an Enhanced DBS check to be done, either by the school, an umbrella provider or someone else who does that check for you. The prohibition checks are unlikely to have been done by your DBS provider and is something you need to do in your own school.

Although this Prohibition from Teaching check has been in place in place since September 2013, I still find in my reviews, schools whose single central record does not show that prohibition checks have been completed.

In one extract from an Ofsted report, a check on the single central record found that ‘leaders have not checked whether teachers have received prohibition orders or have recorded this is on their single central record’. This is really important because we might well find people who are prohibited working in a school.

There are three prohibition checks to make now. The first is Prohibition from Teaching. Until very recently it was only for teachers who had qualified teacher status (QTS). In independent schools, academies and free schools, teachers do not need to have QTS, so we are now being asked to do the Prohibition check for both people with QTS and those without. The check should be done retrospectively, and cover staff who have been appointed since 1st April 2012.

Secondly, in independent schools, academies and free schools we now need to check that a person has not been Prohibited from the Management of schools, what is known as a Section 128 check. Maintained schools do not have to record this check.

Thirdly, in addition to the prohibition checks, we also need to check whether a teacher who has trained or worked in the European Economic Area (EEA) has received any restrictions on their teaching. [The EEA is the countries of the EU, plus Iceland, Liechtenstein and Norway.]

Safeguarding.Pro members can download a PowerPoint presentation and a handout to support staff understand how to make these checks.

Join the Safeguarding Briefing Today!
The FREE Weekly Safeguarding Briefing keeps you up-to-date with information and practical resources.