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The Education (Information About Children in Alternative Provision) (England) Regulations 2007

S.I. 2007/1065 · Made 28 March 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EDUCATION, ENGLAND

Made 28th March 2007

Laid before Parliament 3rd April 2007

Coming into force 30th April 2007

The Secretary of State for Education and Skills, in exercise of the powers conferred by sections 537A, 537B and 569 of the Education Act 1996f1, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1996 c.56; section 537B was inserted into the 1996 Act by section 164 of the Education and Inspections Act 2006 (c. 40), which came into force on 28th March 2007 (article 2 of S.I. 2007/ 935 C.37).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Application
  4. 4Requirement to provide individual information
  5. 5Extent of duty to comply with requirement
  6. 6Individual information
  7. 7Persons to whom individual information may be required to be supplied in addition to the Secretary of State
  8. 8Other persons to whom individual information supplied may be passed in addition to information collators
  9. 9Persons (in addition to the Secretary of State and information collators) to whom any person may supply individual information
  10. 10Categories of person to whom the Secretary of State or information collators may supply individual information
  11. Signature
  12. Explanatory note

1Citation and commencement

These Regulations may be cited as the Education (Information About Children in Alternative Provision) (England) Regulations 2007 and come into force on 30th April 2007.

2Interpretation

(1)

In these Regulations—

  • “the 1996 Act” means the Education Act 1996;

  • “funded independent school education” has the meaning given by regulation 3(b);

  • “funded provision” has the meaning given by regulation 3;

  • “individual information” means, in relation to funded independent school education, individual pupil information, and in relation to funded education, individual child information;

  • “relevant local education authority” means the local education authority that funds or will fund the funded education;

  • “relevant person” has the meaning given by section 537A(2) or 537B(2) of the 1996 Act as the case may require;

  • “relevant provider” means a person who provides or will provide the child with funded education;.

  • “relevant school” means a school at which the child is or will be a registered pupil if applicable;

  • “special educational needs provision type” means the special educational needs provision type forming part of the graduated approach adopted pursuant to “The Special Educational Needs Code of Practice” issued by the Secretary of State on 3rd December 2001f1 under section 313 of the 1996 Actf2;

  • “unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are unique to him, by use of a formula determined by the Department for Education and Skills; and

  • “work-based learning provider” means any employer or body providing a programme or programmes of education for children in the workplace as part of a course on which they are or will be enrolled at any school or college.

(2)

For the purposes of these Regulations, a person is eligible for free school meals if that person falls within section 512ZB(4) of the 1996 Act.

3Application

These Regulations apply in relation to—

(a)

funded education where the relevant local education authority is a local education authority in England; and

(b)

education provided at an independent school arranged and funded by a local education authority in England pursuant to section 19 of the 1996 Act (in these Regulations referred to as “funded independent school education”),

and in these Regulations a reference to funded provision is a reference to such funded education and funded independent school education.

4Requirement to provide individual information

A person who provides funded provision must, when required to do so, provide individual information as prescribed in regulation 6 to the relevant person.

5Extent of duty to comply with requirement

A person will have complied with regulation 4 if they provide each item of individual information held by them that is requested.

6Individual information

For the purposes of sections 537A(1) and 537B(1) of the 1996 Act, individual information is prescribed as follows—

(a)

surname;

(b)

first name;

(c)

date of birth;

(d)

address and postcode;

(e)

unique pupil number, where one exists;

(f)

gender;

(g)

special educational needs provision type;

(h)

ethnicity;

(i)

whether English is not the first language;

(j)

whether eligible for free school meals; and

(k)

type of funded provision attended, that is whether it is—

(i)

in a hospital (other than in a school established in a hospital);

(ii)

in an independent school; or

(iii)

not in a hospital or school.

7Persons to whom individual information may be required to be supplied in addition to the Secretary of State

For the purposes of sections 537A(2)(b) and 537B(2)(b), a prescribed person is the relevant local education authority.

8Other persons to whom individual information supplied may be passed in addition to information collators

For the purposes of sections 537A(3)(b), (4)(b) and 5(b)(i) and 537B(3)(b), (4)(b) and (5)(b)(i), a prescribed person is any of the following—

(a)

the States of Jersey Department for Education, Sport and Culture Department;

(b)

the Joint Council for General Qualificationsf1;

(c)

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

(d)

the Qualifications and Curriculum Authorityf2;

(e)

the relevant local education authority;

(f)

the Training and Development Agency for Schoolsf3;

(g)

the Welsh Joint Education Committeef4;

(h)

the Learning and Skills Council for England and the relevant local learning and skills councilf5 in whose area the child or pupil is receiving funded provision or proposes to receive further education;

(i)

the States of Guernsey Education Department;

(j)

the Isle of Man Department of Education;

(k)

any person with whom the Secretary of State has made arrangements for the provision of services under section 114(2) of the Learning and Skills Act 2000f6;

(l)

the Higher Education Funding Council for Englandf7;

(m)

the National Assembly for Wales;

(n)

the National Assessment Agencyf8;

(o)

the Scottish Exchange of Educational Dataf9; or

(p)

the relevant school or other relevant provider of funded provision.

9Persons (in addition to the Secretary of State and information collators) to whom any person may supply individual information

For the purposes of sections 537A(6)(c) and 537B(6)(c), a prescribed person is be either of the following—

(a)

the relevant local education authority; or

(b)

the relevant school or other relevant provider of funded provision.

10Categories of person to whom the Secretary of State or information collators may supply individual information

(1)

For the purposes of sections 537A(4)(c) and (5)(b)(ii) and 537B(4)(c) and (5)(b)(ii), a prescribed category of person is any of the following—

(a)

an institution which provides further education or a work-based learning provider where either has accepted the relevant individual for funded education; or

(b)

persons conducting research into the educational achievements of children and who require individual information for that purpose.

(2)

In this paragraph “the relevant individual” means the individual who is the subject of the individual information.

Signature

Jim Knight

Minister of State

Department for Education and Skills

28th March 2007

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the supply of individual data items about children receiving education which is funded by the local authority outside mainstream schools, usally referred to as alternative provision. This could include education at an independent school. The providers of such education must supply such information to either the Secretary of State or the local authority which is funding such education, when required to do so.

Regulation 6 stipulates the items of individual information to be supplied.

Regulation 8 authorises the provision of such data to various prescribed bodies either by the Secretary of State, by a body responsible for collating information for him in connection with his functions in regard to alternative provision or by a local authority.

Regulation 9 prescribes that the relevant local authority or provider of alternative provision may be provided with individual information.

Regulation 10 stipulates the categories of bodies to which the Secretary of State can supply individual information.

A partial regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Education and Skills, Great Smith Street, London SW1P 3BT and is annexed to the Explanatory Memorandum which is available alongside the instrument on the website of the Office of Public Sector Information, www.opsi.gov.uk.

A full regulatory impact assessment is to be prepared following a pilot collection of data.

The Special Educational Needs Code of Practice, referred to in regulation 2, can be accessed at the following link—

http://www.teachernet.gov.uk/docbank/index.cfm?id=3724