Education and Skills Act 2008

72 Educational institutions: duty to provide information E+W

(1) Relevant information about a pupil or student who is attending an educational institution in England must be provided by the responsible person to a person involved in the provision of services in pursuance of section 68 or 70(1)(b), on a request by that person.

(2) A request under subsection (1) by a person involved in the provision of services in pursuance of 68 or 70(1)(b) may be made only for the purposes of the provision of those services.

(3) In subsection (1), “relevant information” means—

(a) the name, address and date of birth of the pupil or student;

(b) the name and address of a parent of the pupil or student;

(c) information in the institution's possession about the pupil or student.

(4) Information within subsection (3)(c) must not be provided under subsection (1) if—

(a) the pupil or student concerned, in the case of a pupil or student who has attained the age of 16, or

(b) a parent of the pupil or student concerned, in the case of a pupil or student who has not attained the age of 16,

has instructed the responsible person not to provide information of that kind under this section.

(5) In this section—

• “educational institution” means—

  (a)

  a community, foundation or voluntary school,

  (b)

  a community or foundation special school,

  (c)

  a city technology college, a city college for the technology of the arts or an Academy,

  (d)

  a pupil referral unit,

  (e)

  an institution within the further education sector, or

  (f)

  an institution [F1 (other than one within any of paragraphs (a) to (e)) in receipt of funding from a local authority, [F2 or the Secretary of State]];

• “responsible person” means—

  (a)

  in relation to a school within paragraph (a) or (b) of the definition of “educational institution”, the governing body;

  (b)

  in relation to an institution within paragraph (c) or (f) of that definition, the proprietor;

  (c)

  in relation to a pupil referral unit, the [F3 local authority] by which it is maintained;

  (d)

  in relation to an institution within the further education sector, the governing body within the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13).

Textual Amendments

F1 Words in s. 72(5) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 80 (with art. 2(3))

F2 Words in s. 72(5) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 62

F3 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 15(2)

Commencement Information

I1 S. 72 in force at 26.1.2009 by S.I. 2008/3077, art. 4(a)