What is the s128 check?
The check refers to the Education and Skills Act 2008, section 128, in which the Secretary of State for Education ‘is able to make directions prohibiting individuals from taking part in independent school management’. Independent schools include academies and free schools.
Why is it only independent schools, shouldn’t it also prevent people being involved in maintained schools too?
Since september 2014, a person prohibited from the management of independent schools is also prohibited from maintained schools too.
The School Governance (Constitution) (England) Regulations 2007 were amended in 2014 and now read: ‘A person is disqualified from holding or from continuing to hold office as a governor of a school at any time when he is…subject to a direction of the Secretary of State under section 128 of the Education and Skills Act 2008’ (see Schedule 6 (9)). This is reflected in the statutory guidance Keeping Children Safe in Education (2019) in paragraph 130: ‘A section 128 direction disqualifies a person from holding or continuing to hold office as a governor of a maintained school’.
How are people referred for a s128 prohibition?
Decisions about s128 prohibitions are made by the Secretary of State for Education, either from conviction information or from other statutory bodies, for example the Chief Inspector [of Schools] (see Education and Skills Act 2008 paragraph 130).
Grounds for prohibition are set out in the The Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014, paragraph 2 (see below):
A person is prohibited where s/he:
(i) has been convicted of a relevant offence;
(ii) has been given a caution in respect of a relevant offence;
(iii) is subject to a relevant finding in respect of a relevant offence; or
(iv) has engaged in relevant conduct; and
(b) because of that conviction, caution, finding or conduct, the appropriate authority [Secretary of State] considers that the person is unsuitable to take part in the management of an independent school.
Who is on the s128 prohibition list?
As at 27th January 2020, the following six people are prohibited from the management of schools:
Tahir Alam (Prohibition date: 03/09/15)
A Chair of Governors, he was prohibited as a result of a report commissioned by Secretary of State (Michael Gove) into the ‘Trojan Horse letter’.
Waseem Yaqub (Prohibition date: 02/08/17)
Formerly a Chair of Governors who prevented an Interim Executive Board taking over after there had been ‘inadequate financial monitoring and decision-making’. Probably reported to Secretary of State by Chief Inspector.
Mohammed Mizanur Rahman (Prohibition date: 21/01/19)
Academy proprietor, he was convicted of inciting racial hatred, solicitation to murder, and inviting support for a proscribed organisation.
Sophie Rahman (Prohibition date: 06/02/19)
A qualified teacher, a TRA hearing found her guilty of unacceptable professional conduct, which included allowing one of the London Bridge terrorists to teach at her school.
Mohammed Alamgir (Prohibition date: 22/07/19)
Holding various positions in a school, he was convicted of encouraging support for a proscribed terrorist organisation.
Zahad Begg (Prohibition date: 22/07/19)
A trustee and school governor, he was convicted of assault occasioning actual bodily harm; and possession of an offensive weapon.
Where can I find the legislation for s128 prohibitions?
For independent schools: Education and Skills Act 2008, section 128
For maintained schools: Education and Skills Act 2008, section 128 amended by the School Governance (Constitution)(England) Regulations 2012 and the School Governance (Constitution and Federations) England) (Amendment) Regulations 2014)
What does Keeping Children Safe in Education say?
You can find information on the s128 checks in Keeping Children Safe in Education (2019) paragraphs 128 – 131; paragraph 130 says ‘A person prohibited under section 128 is also disqualified from holding or continuing to hold office as a governor of a maintained school’.
Who should be checked under section 128?
- members of the proprietor body (including governors)
- head teacher
- teaching positions on the senior leadership team
- any teaching positions which carry a department headship
Does the s128 prohibition appear on a DBS certificate?
Since September 2018, any prohibition from management has been included on an Enhanced DBS certificate where barred list information is requested.
How is the s128 check completed?
See the video here: https://www.safeguardinginschools.co.uk/complete-prohibition-checks-including-s128-check/
Teacher Regulation Agency website is here: (Go to Employer Access) https://teacherservices.education.gov.uk/
What is the person does not have a teacher number?
Teacher numbers are not required for the check.
Where should recorded that they have completed an s128 check?
On the Single Central Record