Barring unsuitable individuals from managing independent schools
Prohibiting unsuitable people from managing independent schools, academies and free schools or governing a local-authority-maintained school.
- From:
- Department for Education
- Published
- 28 July 2021
- Last updated
-
89JuneDecember20222025 — See all updates
Applies to England
Documents

Apply to revoke or vary a Section 128 barring direction
MS Word Document, 396 KB
Details
This guidance is for:
- proprietors, governing bodies, senior leaders, and school staff of independent schools, academies and free schools
- individuals issued with a notice or a direction under section 128
The guidance outlines:
- the section 128 legislation that prohibits or restricts an individual managing an independent educational setting or governing a local-authority maintained school
- how to assess and consider if someone is unsuitable
- how to report someone as unsuitable to manage an independent school, academy or free school
If you want to apply for a section 128 direction to be varied or revoked, you can use the revocation form. This is not mandatory, but it is designed to help you provide all relevant information.
The Education Secretary can prohibit or restrict an individual from taking part in the management of independent school under section 128 of the Education and Skills Act 2008.
Governors of local-authority-maintained schools may find this useful to read alongside the maintained school governance handbookguide or the academy trust governance guide.
Updates to this page
Published 28 July 2021
Last updated 89 JuneDecember 2022
+ show2025
href="#full-history">+ show all updates
-
Update history
2025-12-09 14:22
Added a new document: Apply to revoke or vary a Section 128 barring direction and updated the guidance note to reflect the addition of this new document.
2022-06-08 14:54
Document update: page 15 contact details updated for any referral to the department or to send in any section 128 related questions.
Apply to revoke or vary a Section 128 barring direction
MS Word Document, 396 KB
Details
This guidance is for:
- proprietors, governing bodies, senior leaders, and school staff of independent schools, academies and free schools
- individuals issued with a notice or a direction under section 128
The guidance outlines:
- the section 128 legislation that prohibits or restricts an individual managing an independent educational setting or governing a local-authority maintained school
- how to assess and consider if someone is unsuitable
- how to report someone as unsuitable to manage an independent school, academy or free school
If you want to apply for a section 128 direction to be varied or revoked, you can use the revocation form. This is not mandatory, but it is designed to help you provide all relevant information.
The Education Secretary can prohibit or restrict an individual from taking part in the management of independent school under section 128 of the Education and Skills Act 2008.
Governors of local-authority-maintained schools may find this useful to read alongside the maintained school governance handbookguide or the academy trust governance guide.
Updates to this page
Published 28 July 2021
Last updated 89 JuneDecember 2022
+ show2025
href="#full-history">+ show all updates
-
Update history
2025-12-09 14:22
Added a new document: Apply to revoke or vary a Section 128 barring direction and updated the guidance note to reflect the addition of this new document.
2022-06-08 14:54
Document update: page 15 contact details updated for any referral to the department or to send in any section 128 related questions.
Details
This guidance is for:
- proprietors, governing bodies, senior leaders, and school staff of independent schools, academies and free schools
- individuals issued with a notice or a direction under section 128
The guidance outlines:
- the section 128 legislation that prohibits or restricts an individual managing an independent educational setting or governing a local-authority maintained school
- how to assess and consider if someone is unsuitable
- how to report someone as unsuitable to manage an independent school, academy or free school
If you want to apply for a section 128 direction to be varied or revoked, you can use the revocation form. This is not mandatory, but it is designed to help you provide all relevant information.
The Education Secretary can prohibit or restrict an individual from taking part in the management of independent school under section 128 of the Education and Skills Act 2008.
Governors of local-authority-maintained schools may find this useful to read alongside the maintained school governance handbookguide or the academy trust governance guide.
Updates to this page
Update history
2025-12-09 14:22
Added a new document: Apply to revoke or vary a Section 128 barring direction and updated the guidance note to reflect the addition of this new document.
2022-06-08 14:54
Document update: page 15 contact details updated for any referral to the department or to send in any section 128 related questions.