Section 436B Duty to register children not in schoolF1
A local authority must maintain a register of children who are eligible to be registered by the authority under this section.
A child is eligible to be registered by a local authority under this section if conditions A to C are met.
Condition A is that the child lives in the authority’s area.
Condition B is that the child is of compulsory school age.
Condition C is that—
the child is not a registered pupil or a student registered at a relevant school,
the child is a registered pupil or a student registered at a relevant school but the proprietor of the school has arranged or agreed that—
the child will receive education otherwise than at that or any other relevant school, and
the child will be absent for some or all of the time when a child receiving full-time education at a relevant school would normally be expected to attend, or
the child is a student registered at a relevant school falling within subsection (7)(d) but attends that school on a part-time basis, and is not also a registered pupil or a student registered at a different relevant school.
Regulations may make provision—
for cases where a child is to be regarded as falling or not falling within subsection (5)(b) or (c);
for cases where a child falling within subsection (5)(b) or (c) is not to be regarded as eligible for registration under this section.
In this section “relevant school” means—
a school maintained by a local authority,
a non-maintained special school (within the meaning given by section 337A),
an Academy school or alternative provision Academy,
an institution within the further education sector that provides secondary education suitable to the requirements of children who have attained the age of 14 years,
an independent educational institution within the meaning of section 92(1) of the Education and Skills Act 2008, that is registered under section 95 of that Act (register of independent educational institutions),
a school that is included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002), or
a school within the meaning of section 135(1) of the Education (Scotland) Act 1980.
Before the end of the period of 15 days beginning with the day on which the local authority registers a child under this section, the local authority—
must consider where the child lives, and
may request the child’s parent to allow the local authority to visit the child inside any of the homes in which the child lives.
If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice under section 436H.
Before the end of the period of 15 days beginning with the day on which the local authority includes in the register the information mentioned in section 436C(1)(g) in respect of a child, the local authority must consider the settings where the child is being educated that the local authority knows about.
Annotations
Textual amendments
- F1
Ss. 436B-436G and cross-heading inserted (29.4.2026 but only in relation to the power to make regulations conferred by ss. 436B, 436C, 436E, 436F, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(2), 78(1)(a)(3)(5)