Explanatory note
England and Wales
(This note is not part of the Regulations)
These Regulations revoke and re-enact with modifications and additions the Education (Information About Individual Pupils) (England) Regulations 2006.
The Regulations enable the collection of information in relation to individual pupils by requiring schools to provide such of the information specified in Schedule 1 to either the local authority or the Secretary of State as is so requested.
The principal modifications are two additions to Schedule 1 which allow for the collection of the following information —
whether a school has received top-up funding in respect of a pupil (Schedule 1, paragraph 10). Top-up funding is defined in Regulation 2 and will be paid directly from the commissioning local authority (also defined in Regulation 2) to the governing body or proprietor of a school. In the case of a pupil referral unit or alternative provision Academy top up funding may instead be paid by the school that commissions the education provision (for example in cases of fixed term exclusions from a mainstream school or Academy). The funding will be paid on a per-pupil basis, based on the pupil’s assessed needs,
whether (to the knowledge of the school) a pupil who has been looked after by a local authority, is no longer looked after as the result of the making of an adoption order, a special guardianship order or a residence order, and which of these orders was made with respect to that pupil (Schedule 1, paragraph 13).
Further modifications include—
a restructuring of the regulations and Schedules, with Schedule 1 now separated into five parts. Parts 1 to 3 are applicable to all schools covered by the Regulations. Part 4 is applicable only to schools with sixth forms, not including special schools. Part 5 is applicable to all schools with sixth forms, including special schools;
some minor drafting amendments;
the removal of the requirement to provide the following information—
the pupil’s usual mode of travel to school,
whether information as to the pupil’s ethnic group was provided by the pupil, a parent or the school; and
whether the pupil has been registered or identified by the school as belonging to its Gifted and Talented cohort.