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Section 128 Checks And DBS For Independent Schools

Safeguarding in education is paramount and DBS checks are fundamental in the protection of all children.

DBS Checks are essential for both state schools and independent schools. To clarify, a state school is funded by the government and no fees are charged, however, an independent school is an institution that charges fees for attendance. These include:

  • Public schools
  • Boarding schools
  • Prep and pre-prep schools
  • SEN schools

Both independent and state schools should have the same level DBS checks for their teachers and staff.

What is a Section 128 check?

Section 128 is a check that only applies to independent schools and verifies the names of individuals who 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. 

Who would apply for a Section 128?

Anyone who is in a managerial position within a school can have a Section 128 carried out on them and this comprises:

  1. Governors
  2. Trustees
  3. Headteachers
  4. Senior teaching positions

What is a Section 128 used for?

The Department of Education ‘Keeping Children Safe in Education’ statutory guidance for schools and colleges as part of their safer recruitment selection and pre-employment vetting.

Why would a Section 128 be carried out?

A Section 128 direction can be issued when a conviction, caution or conduct suggests that a person is unsuitable for a managerial role in a school. These grounds include:

  1. Conviction of an offence under military disciplinary proceedings
  2. Being found guilty of an offence by reason of insanity
  3. In breach of professional standards by a professional body. 

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What does a Section 128 show?

It will contain the names of individuals who have been barred from taking part in the management of any independent school. 

Applying for a Section 128

There are two ways to apply for a Section 128 and they are:

  1. For people who are not working in regulated activity, it can only be processed via NCTL Secure Access and this route is available irrespective of whether the person has a teacher number or not.
  2. For people in regulated activity, the check can be completed the same as above or via the DBS as part of checking the barred list. Schools must include on the DBS application the words ‘Independent School’ in the position applied for next to the job role. For example, ‘headmaster, independent school’. This confirms to the DBS that Section 128 has been requested.

How can Care Check help independent schools?

Care Check provides DBS Checks, List 99 Checks and Section 128 Checks for many Independent Schools. An independent school can register with Care Check to help with their DBS checking procedures. Care Check streamlines all your applications and will submit any Section 128 requests as and when they are required. There is no charge for the Section 128 as it is processed with an Enhanced level application and is enclosed within the application results.

Care Check provides a class-leading platform for processing DBS applications at extremely competitive prices and the majority of our checks complete within 12 hours to five days. For any advice or to register with Care Check, they can be contacted on 0333 777 8575 or info@carecheck.co.uk. Registration can also be completed here.

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