Regulation 17 Low prior attainment factorI1

England and Wales

(1)

In determining budget shares for primary and secondary schools (other than special schools, pupil referral units and nursery schools), excluding any amount to be allocated in respect of nursery classes or community early years provision in those schools, a local authority must ascertain and take into account in its formula the following factors.

(2)

An amount in relation to—

(a)

the number of pupils in Reception and Years 1 to 6 who did not reach, or are treated as having not reached, the expected level of development in the early years foundation stage profile, calculated in accordance with paragraphs (3) and (4); and

(b)

the number of pupils in Years 7 to 11 who did not reach, or are treated as having not reached, the expected standard at key stage 2, calculated in accordance with paragraphs (5) to (8).

(3)

In relation to pupils in Reception and Years 1 to 6, a single per pupil amount based on the total of—

(a)

the number of pupils in Years 1, 2, 3, and 6 who did not reach the expected level of development; and

(b)

where a school has pupils in Reception or in Years 4 or 5, a proxy number representing pupils who have not, or have not yet, been assessed under the early years foundation stage profile^f1.

(4)

The proxy number referred to in paragraph (3)(b) is calculated—

(a)

in relation to Year 5 pupils at a school which has pupils in Year 6, by using the formula A x (B/C), where—

(i)

A is the number of Year 5 pupils at the school on 3rd October 2024;

(ii)

B is the number of Year 6 pupils at the school on that date who did not reach the expected level of development; and

(iii)

C is the total number of Year 6 pupils at the school on that date;

(b)

in relation to Year 5 pupils at a school which has no pupils in Year 6, by using the formula A x (B/C), where—

(i)

A is the number of Year 5 pupils at the school on 3rd October 2024;

(ii)

B is the total number of pupils at the school on 5th October 2023 who did not reach the expected level of development, as recorded on the proforma tool; and

(iii)

C is the total number of pupils at the school on 5th October 2023, as recorded on the proforma tool;

(c)

in relation to Year 5 pupils at a school which has no pupils in Year 6 and where the data referred to in paragraphs (ii) and (iii) of sub-paragraph (b) is not available (for any reason), by using the formula A x (B/C), where—

(i)

A is the number of Year 5 pupils at the school on 3rd October 2024;

(ii)

B is the total number of pupils in Years 1 to 6 at maintained schools and Academy schools in the local authority’s area on that date who did not reach the expected level of development; and

(iii)

C is the total number of pupils in Years 1 to 6 at maintained schools and Academy schools in the local authority’s area on that date; or

(d)

in relation to Year 5 pupils—

(i)

at a school which has no pupils in Year 6;

(ii)

where the data referred to in paragraphs (ii) and (iii) of sub-paragraph (b) is not available (for any reason); and

(iii)

where the local authority considers that applying the formula A x (B/C) to the data referred to in paragraphs (ii) and (iii) of sub-paragraph (c) would lead to a disproportionate or unfair allocation of resources in relation to that school,

the local authority may vary that formula in its application to that school;

(e)

in relation to Year 4 pupils at a school which has Year 3 pupils, by using the formula A x (B/C), where—

(i)

A is the number of Year 4 pupils at the school on 3rd October 2024;

(ii)

B is the number of Year 3 pupils at the school on that date who did not reach the expected level of development; and

(iii)

C is the total number of Year 3 pupils at the school on that date;

(f)

in relation to Year 4 pupils at a school which has no pupils in Year 3, by using the formula A x (B/C), where—

(i)

A is the number of Year 4 pupils at the school on 3rd October 2024;

(ii)

B is the total number of pupils at the school on 5th October 2023 who did not reach the expected level of development, as recorded on the proforma tool; and

(iii)

C is the total number of pupils at the school on 5th October 2023, as recorded on the proforma tool;

(g)

in relation to Year 4 pupils at a school which has no pupils in Year 3 and where the data referred to in paragraphs (ii) and (iii) of sub-paragraph (f) is not available (for any reason), by using the formula A x (B/C), where—

(i)

A is the number of Year 4 pupils at the school on 3rd October 2024;

(ii)

B is the total number of pupils in Years 1 to 6 at maintained schools and Academy schools in the local authority’s area on that date who did not reach the expected level of development; and

(iii)

C is the total number of pupils in Years 1 to 6 at maintained schools and Academy schools in the local authority’s area on that date; or

(h)

in relation to Year 4 pupils—

(i)

at a school which has no pupils in Year 3;

(ii)

where the data referred to in paragraphs (ii) and (iii) of sub-paragraph (f) is not available (for any reason); and

(iii)

where the local authority considers that applying the formula A x (B/C) using the data referred to in paragraphs (ii) and (iii) of sub-paragraph (g) would lead to a disproportionate or unfair allocation of resources in relation to an individual school,

the local authority may vary that formula in its application to that school;

(i)

in relation to pupils in Reception at a school which has pupils in any of Years 1 to 6, by using the formula A x (B/C), where—

(i)

A is the number of Reception pupils at the school on 3rd October 2024;

(ii)

B is the total number of pupils at the school in any of Years 1 to 6 who did not reach the expected level of development; and

(iii)

C is the total number of pupils in Years 1 to 6 at the school on that date; or

(j)

in relation to pupils in Reception at a school which has no pupils in any of Years 1 to 6, by using the formula A x (B/C), where—

(i)

A is the number of Reception pupils at the school on 3rd October 2024;

(ii)

B is the total number of pupils in Years 1 to 6 at maintained schools and Academy schools in the local authority’s area on that date who did not reach the expected level of development; and

(iii)

C is the total number of pupils in Years 1 to 6 at maintained schools and Academy schools in the local authority’s area on that date.

(5)

In relation to pupils in Years 7 to 11, a single per pupil amount based on the total of—

(a)

in relation to pupils in each of Years 7, 8 and 9, the number produced by using the formula X x A where—

(i)

A is the number of pupils in, as the case may be, Year 7, 8 or 9 who did not achieve the expected standard; and

(ii)

X is—

(aa)

for Year 9 pupils, 0.54;

(bb)

for Year 8 pupils, 0.56; and

(cc)

for Year 7 pupils, 0.58;

(b)

in relation to pupils in Years 10 and 11, a proxy number calculated in accordance with paragraphs (6), (7) and (8).

(6)

The proxy number referred to in paragraph (5)(b) in relation to pupils in Year 11 is the proxy number which was calculated in relation to pupils in Year 10 in accordance with regulation 17(6) of the 2024 Regulations divided by the number of Year 10 pupils at the school on 5th October 2023, and then multiplied by the number of Year 11 pupils at the school on 3rd October 2024, unless that data is (for any reason) not available, in which case paragraph (7) applies.

(7)

The proxy number referred to in paragraph (5)(b) is calculated in relation to pupils in Year 11—

(a)

using the formula (D x (E/F)) x 0.65, where—

(i)

D is the number of Year 11 pupils at the school on 3rd October 2024;

(ii)

E is the total number of Year 11 pupils at maintained schools and Academy schools in the local authority’s area on 5th October 2023 who did not achieve the expected standard; and

(iii)

F is the total number of Year 11 pupils at maintained schools and Academy schools in the local authority’s area on 5th October 2023; or

(b)

using a varied formula in its application to an individual school where the local authority considers that applying the formula (D x (E/F)) x 0.65, using the data referred to in paragraphs (ii) and (iii) of sub-paragraph (a), would lead to a disproportionate or unfair allocation of resources in relation to that school.

(8)

The proxy number referred to in paragraph (5)(b) is calculated in relation to pupils in Year 10 using the formula (D x (E/F)) x 0.54, where—

(a)

in relation to Year 10 pupils at a school which has Year 9 pupils—

(i)

D is the total number of Year 10 pupils at the school on 3rd October 2024;

(ii)

E is the number of Year 9 pupils at the school on that date who did not achieve the expected standard; and

(iii)

F is the total number of Year 9 pupils at the school on that date;

(b)

in relation to Year 10 pupils at a school which has no Year 9 pupils—

(i)

D is the total number of Year 10 pupils at the school on 3rd October 2024;

(ii)

E is the number of Year 9 pupils at the school on 5th October 2023 who did not achieve the expected standard, as recorded on the proforma tool; and

(iii)

F is the total number of Year 9 pupils at the school on 5th October 2023;

(c)

in relation to Year 10 pupils at a school which has no Year 9 pupils and where the data referred to in paragraphs (ii) and (iii) of sub-paragraph (b) is (for any reason) not available—

(i)

D is the total number of Year 10 pupils at the school on 3rd October 2024;

(ii)

E is the total number of Year 9 pupils at maintained schools and Academy schools in the local authority’s area who did not achieve the expected standard; and

(iii)

F is the total number of Year 9 pupils at maintained schools and Academy schools in the local authority’s area;

(d)

in relation to Year 10 pupils at a school—

(i)

which has no pupils in Year 9;

(ii)

where the data referred to in paragraphs (ii) and (iii) of sub-paragraph (b) is not available (for any reason); and

(iii)

where the local authority considers that applying the formula (D x (E/F)) x 0.54 using the data referred to in paragraphs (ii) and (iii) of sub-paragraph (c) would lead to a disproportionate or unfair allocation of resources in relation to an individual school,

the local authority may vary that formula in its application to that school.

(9)

In this regulation—

(a)

“the 2019 ARA” means the document entitled “Key stage 2 Assessment and Reporting Arrangements”^f2 containing provision made under article 11 of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003^f3 (“the 2003 Order”), made under section 87(3) of the 2002 Act (establishment of the National Curriculum for England);

(b)

“the 2022 ARA” means the document entitled “Key stage 2 Assessment and Reporting Arrangements (ARA)”^f4 containing provision made under article 11 of the 2003 Order;

(c)

“the 2023 ARA” means the document entitled “Key stage 2 Assessment and Reporting Arrangements (ARA)”^f5 containing provision made under article 11 of the 2003 Order;

(d)

“the 2024 ARA” means the document entitled “Key stage 2 Assessment and Reporting Arrangements (ARA)”^f6 containing provision made under article 11 of the 2003 Order;

(e)

“Academy school” has the meaning given by section 1A of the 2010 Act, but with the exclusion of special Academies;

(f)

“the early years foundation stage profile” means the assessment completed in the summer term of the pupil’s Reception year, which is referred to—

(i)

in relation to references to pupils in Years 1 and 2, in section 2 of the document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State on 31st March 2021^f7; or

(ii)

in relation to references to pupils in Years 5 and 6, in section 2 of the document entitled “Statutory Framework for the Early Years Foundation Stage” published by the Secretary of State on 3rd March 2017^f8;

(g)

“the expected level of development” in relation to pupils in Years 1 to 6, refers to the expected level of development in relation to the early learning goals set out in the early years foundation stage profile;

(h)

a reference to “the number of pupils who do not achieve the expected standard” in relation to pupils in Years 7 to 11, refers to the total of—

(i)

the number of pupils who, in the mathematics or English reading tests at key stage 2, achieved a scaled score of 99 or lower^f9 under the 2019 ARA, the 2022 ARA, the 2023 ARA or the 2024 ARA; or

(ii)

the number of pupils, other than those who fall within paragraph (i), who were given a teacher assessment standard of “working towards the expected standard”, or lower, in English grammar, punctuation and spelling tests under the 2019 ARA, the 2022 ARA, the 2023 ARA or the 2024 ARA;

(i)

“maintained school” has the meaning given by section 20(7) of the 1998 Act, but with the exclusion of special schools;

(j)

“the proforma tool” means the authority proforma tool provided by the Secretary of State to local authorities to enable them to detail their schools block funding formulae for 2024 to 2025^f10.

Annotations

Commencement

I1: Reg. 17 in force at 17.2.2025, see reg. 1(2)

Footnotes

f1: The proxy number represents Reception pupils, who do not take the early years foundation stage assessment until the end of their Reception year, and Year 4 and Year 5 pupils, who were not assessed under the early years foundation stage profile in 2020 and 2021 due to the pandemic.
f2: This document was published in October 2018 and is available at https://webarchive.nationalarchives.gov.uk/ukgwa/20190104154638/https:/www.gov.uk/government/publications/2019-key-stage-2-assessment-and-reporting-arrangements-ara. A printed copy may also be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, on request.
f3: S.I. 2003/1038. Article 11 was amended by S.I. 2009/1585, 2011/2392, 2013/1513, 2015/900, 2019/854 and 2024/578.
f4: This document was published in October 2021 and updated in November 2021. It is available at https://webarchive.nationalarchives.gov.uk/ukgwa/20221207000106/https:/www.gov.uk/government/publications/2022-key-stage-2-assessment-and-reporting-arrangements-ara. A printed copy may also be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, on request.
f5: This document was published in October 2022 and updated in March 2023. It is available at https://webarchive.nationalarchives.gov.uk/ukgwa/20230321171313/https:/www.gov.uk/government/publications/2023-key-stage-2-assessment-and-reporting-arrangements-ara. A printed copy may also be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, on request.
f6: This document was published in October 2023 and is available at https://dera.ioe.ac.uk/id/eprint/40230/. A printed copy may also be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, on request.
f7: Available at https://webarchive.nationalarchives.gov.uk/ukgwa/20230705061922/https:/assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/974907/EYFS_framework_-_March_2021.pdf. A printed copy may be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, on request.
f8: This document can be found at https://webarchive.nationalarchives.gov.uk/ukgwa/20181111011556/https:/www.gov.uk/government/publications/early-years-foundation-stage-framework--2. A printed copy of this document may be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, on request.
f9: Scaled scores for 2019 can be found at https://webarchive.nationalarchives.gov.uk/ukgwa/20201111045047/https:/www.gov.uk/guidance/understanding-scaled-scores-at-key-stage-2, scaled scores for 2022 at https://www.gov.uk/government/publications/2022-scaled-scores-at-key-stage-2 and for 2023 at https://www.gov.uk/government/publications/2023-scaled-scores-at-key-stage-2. Printed copies may also be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London SW1P 3BT, upon request.
f10: Instructions on how to access the 2024 – 2025 authority proforma tool can be found in the document entitled “How to complete the authority proforma tool (APT): instructions for local authorities for 2024 to 2025” published in December 2023 at https://www.gov.uk/government/publications/how-to-complete-the-authority-proforma-tool-apt-2024-to-2025/how-to-complete-the-authority-proforma-tool-apt-instructions-for-local-authorities-for-2024-to-2025. A printed copy may also be inspected at the Department for Education, Sanctuary Buildings, Great Smith Street, London, SW1P 3BT, upon request.