Page 27 - Stat guidance template

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regulated activity. There are penalties of up to five years in prison if a barred
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individual is convicted of attempting to engage or engaging in such work.

Secretary of State prohibitions

Teacher prohibition orders

97. Teacher prohibition orders prevent a person from carrying out teaching work in

schools, sixth form colleges, 16 to 19 academies, relevant youth accommodation and
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children's homes in England. A person who is prohibited from teaching must not be
appointed to work as a teacher in such a setting. A check of any prohibition can be
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carried out using the Teacher Services’ system. Prohibition orders are described in the
National College for Teaching and Leadership’s (NCTL) publication Teacher misconduct:
the prohibition of teachers

98. Teacher prohibition orders are made by the Secretary of State following

consideration by a professional conduct panel convened by NCTL. Pending such
consideration, the Secretary of State may issue an interim prohibition order if it is
considered to be in the public interest to do so.

Section 128 direction

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99. A section 128 direction prohibits or restricts a person from taking part in the
management of an independent school, including academies and free schools. A person
who is prohibited is unable to participate in any management of an independent school
such as: a management position in an independent school, academy or free school as an

employee; a trustee of an academy or free school trust; a governor or member of a
proprietor body for an independent school; or a governor on any governing body in an
independent school, academy or free school that retains or has been delegated any
management responsibilities. A check for a section 128 direction can be carried out using
the Teacher Services’ system. Where the person will be engaging in regulated activity, a
DBS barred list check will also identify any section 128 direction.

100. The grounds on which a section 128 direction may be made by the Secretary of

State are found in the relevant regulations.

35 Section 9, Safeguarding Vulnerable Groups Act 2006.
36 Section 7, Safeguarding Vulnerable Groups Act 2006.
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Prohibition orders are made by the Secretary of State under section 141B of the Education Act 2002. Those made by
the General Teaching Council for England (GTCE) prior to April 2012 have the same effect.
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The Teacher Services’ system (formally known as, Employer Access Online) is a free service that allows schools
and colleges to identify: existing prohibitions and sanctions made under section 142 of the 2002 Act; teacher
prohibitions made under section 141 of the 2002 Act; any direction made under section 128 of the 2008 Act; sanctions
or restrictions imposed by the General Teaching Council for England (GTCE) before its abolition in March 2012; and
teacher sanctions or restrictions imposed by European Economic Area regulating authorities on or after 18 January
2016. The Teacher Services’ system can also be used to check for the award of Qualified Teacher Status (QTS), the
completion of teacher induction or probation. The Teacher Services’ system is accessed via the department’s Secure
Access portal.
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The Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014.
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