Mandatory DBS checks for governors

The government has published amended legislation which came into force on the 18 March 2016 to make enhanced DBS checks mandatory for governors.

Further information

The school governance regulations require all governors (maintained and academy) to have an enhanced Disclosure and Barring Service (DBS) check. This requirement is also set out in paragraph Keeping Children Safe in Education (KCSIE).

In maintained schools this check must be applied for within 21 days of the governor’s appointment or election. 

If a governor or associate member in a maintained school is asked by the clerk to make an application for a criminal records check but refuses they are automatically disqualified and cannot serve on the governing body. 

In an academy the model articles state that anyone who does not give a DBS check to the chair cannot become a member, trustee or a committee member, including a local governor.

KCSIE also requires all governors (maintained and academy) to have a Section 128 Check, which will highlight anyone who is banned under the law from taking part in the management of any independent school, including academies.

A briefing note on Section 128 Checks can be found here.