What a section 128 direction is
Section 128 of the Education and Skills Act 2008 lets the Secretary of State direct that a person may not take part in the management of an independent educational institution, or may only do so in specified circumstances or on conditions. In England, academies and free schools are independent schools for this purpose.
Keeping children safe in education (KCSIE) 2026 says a person subject to a direction cannot (paragraph 335):
- take up a management position in an independent school, academy or free school as an employee
- be a trustee of an academy or free school trust, or a governor or member of the proprietor body of an independent school
- be a governor on any governing body in an independent school, academy or free school that keeps or has been given any management responsibilities
A person subject to a direction is also disqualified from being a governor of a maintained school (paragraph 339).
The grounds are set out in regulation 2 of the 2014 Regulations. A direction can be made where a person has been convicted or cautioned for a relevant offence, in the UK or abroad, or has engaged in relevant conduct, and the Secretary of State considers them unsuitable as a result. Relevant conduct includes conduct aimed at undermining fundamental British values, a breach of professional standards found by a professional body, and conduct so inappropriate that it makes the person unsuitable.
Who needs a check
Academies, free schools and independent schools must check that anyone taking up a management position is not subject to a direction (paragraph 313). There is no complete list of management roles. DfE’s view is that roles involving, or very likely to involve, management include headteachers, principals, deputy and assistant headteachers, governors and trustees. Job title isn’t what decides it, and whether, for example, a teacher with extra responsibilities is taking part in management depends on the facts (paragraph 336).
For the trust board, the chair must make sure other members of the proprietor body are not subject to a direction (paragraph 401). Academy trusts must also check that their members are not disqualified by a direction (paragraph 404).
Maintained schools should carry out a section 128 check for governors (paragraph 393). It’s not about management of the school itself: it’s because a direction disqualifies someone from being a maintained school governor.
How to do the check
- Decide whether the role is management. Use paragraph 336 and the facts of the role. Note your reasoning if the role isn’t an obvious one.
- If the person will be in regulated activity, use the enhanced DBS check. A direction is disclosed on an enhanced DBS check with children’s barred list information, as long as “child workforce independent schools” is specified as the position applied for (paragraph 338).
- If they aren’t eligible for a barred list check, check GOV.UK. Many governors and trustees aren’t in regulated activity. KCSIE says to check on GOV.UK in that case (paragraph 338 and footnote 92). DfE publishes every current direction in the collection “Individuals prohibited from managing or governing schools”, listed alphabetically by surname.
- Ask on the self-declaration. KCSIE says shortlisted candidates should be asked whether they are prohibited from taking part in the management of an independent school (paragraph 296).
- Record the check and the date. See below.
On which online service to use: KCSIE 2026 paragraph 340 says DfE’s Check a teacher’s record can be used for direction checks. The GOV.UK page for that service, last updated in April 2025, says it won’t tell you whether someone is allowed to manage or govern schools, and to check the section 128 list instead. Until the two match, check the published list of directions, which is DfE’s current source.
Recording it
Academies, free schools and independent schools must record on the single central record the details of the section 128 checks carried out for those in management positions (paragraph 350).
Maintained schools don’t have to record section 128 checks for governors on the single central record, but they can if they choose (paragraph 393).
Section 128, prohibition and the barred list
These are three separate restrictions, and one doesn’t stand in for another:
- A prohibition order stops someone carrying out teaching work.
- A section 128 direction stops someone taking part in the management of an independent school, academy or free school, or being a maintained school governor.
- The children’s barred list stops someone working in regulated activity with children.
A trustee who has never taught won’t appear on the teacher record, and a teacher who is fit to teach could still be subject to a direction. Check each one the role needs.