38Registration(1)

The Education Act 1996 is amended as follows.

(2)

After section 436A insert—Children not in school

436BDuty to register children not in school(1)

A local authority must maintain a register of children who are eligible to be registered by the authority under this section.

(2)

A child is eligible to be registered by a local authority under this section if conditions A to C are met.

(3)

Condition A is that the child lives in the authority’s area.

(4)

Condition B is that the child is of compulsory school age.

(5)

Condition C is that—

(a)

the child is not a registered pupil or a student registered at a relevant school,

(b)

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—

(i)

the child will receive education otherwise than at that or any other relevant school, and

(ii)

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

(c)

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.

(6)

Regulations may make provision—

(a)

for cases where a child is to be regarded as falling or not falling within subsection (5)(b) or (c);

(b)

for cases where a child falling within subsection (5)(b) or (c) is not to be regarded as eligible for registration under this section.

(7)

In this section “relevant school” means—

(a)

a school maintained by a local authority,

(b)

a non-maintained special school (within the meaning given by section 337A),

(c)

an Academy school or alternative provision Academy,

(d)

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,

(e)

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),

(f)

a school that is included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002), or

(g)

a school within the meaning of section 135(1) of the Education (Scotland) Act 1980.

(8)

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—

(a)

must consider where the child lives, and

(b)

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.

(9)

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.

(10)

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.

436CContent and maintenance of registers(1)

A register under section 436B must contain the following information in respect of a child registered in it—

(a)

the child’s name, date of birth and home address, and if the child has lived at their current address for less than 12 months, their previous address;

(b)

any additional address if the child lives at more than one address;

(c)

the name and home address of each parent of the child;

(d)

the name of each parent who is providing education to that child;

(e)

an estimate of the overall total amount of time that the child spends receiving education from parents of the child;

(f)

an estimate of the overall total amount of time that the child spends receiving education from persons other than parents of the child;

(g)

if a particular provider other than the child’s parent is providing education to the child for more than the prescribed amount of time—

(i)

the name and address of the provider;

(ii)

a description of the type of provider that it is;

(iii)

the postal address of each place where that education is provided (where different from the address in sub-paragraph (i)) or the website or email address of the provider if that education is provided virtually;

(iv)

an estimate of the total amount of time that the child spends receiving that education and an estimate of the amount of time the child spends receiving that education without any parent of the child being actively involved in the tuition or supervision of the child.

(2)

To the extent that the local authority has the information or can reasonably obtain it, a register under section 436B must also contain such information about, or in connection with, the following matters in respect of a child registered in it as may be prescribed—

(a)

the child’s protected characteristics (within the meaning of the Equality Act 2010);

(b)

in the case of a child who is in the area of a local authority in England, whether the child has any special educational needs, including whether the local authority maintains an EHC plan for the child;

(c)

in the case of a child who is in the area of a local authority in Wales, whether the child has any additional learning needs, including whether an individual development plan is maintained for the child;

(d)

any enquiries being made or that have been made by a local authority under section 47 of the Children Act 1989 (local authority’s duty to investigate) and any actions that are being taken or have been taken by the authority or any other local authority following, or in connection with, enquiries under that section;

(e)

whether the child is or has ever been a child in need for the purposes of Part 3 of the Children Act 1989 (see section 17(10) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by section 17 of that Act;

(f)

whether the child has ever been assessed as having needs for care and support for the purposes of Part 4 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (see section 32(1) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part (or Part 4 or 5 of the Children Act 1989) and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by or under that Part (or Part 4 or 5 of the Children Act 1989);

(g)

whether the child is or has ever been looked after by a local authority in England (within the meaning of section 22 of the Children Act 1989) or in Wales (within the meaning of section 74 of the Social Services and Well-being (Wales) Act 2014);

(h)

the reasons why the child meets condition C in section 436B, including any information provided by a parent of the child as to those reasons or, in a case where a parent has not provided that information, the fact that they have not done so;

(i)

whether, under arrangements made under section 436A, the child has been identified as a child who is of compulsory school age but who is not a registered pupil at a school and is not receiving suitable education otherwise than at a school;

(j)

the school or institution or the type of school or institution (if any) that the child attends or has attended in the past;

(k)

whether support is being provided in relation to the child under section 436G and, if so, the nature of the support being provided;

(l)

any actions that have been taken by a local authority in relation to the child under sections 436I to 436Q (school attendance orders);

(m)

whether—

(i)

in the case of a child in England, the child is a young carer within the meaning of section 17ZA(3) of the Children Act 1989, as qualified by section 17ZB(3) of that Act, or

(ii)

in the case of a child in Wales, the child is a carer (within the meaning of “child” and “carer” given by section 3 of the Social Services and Well-being (Wales) Act 2014);

(n)

whether the local authority exercised any of its functions under section 436B(8), (9) or (10), 436H(8) or (9), or 436I(3) in relation to the child and the outcomes of any consideration of home and education settings or home visits conducted under those provisions;

(o)

any other information about the child’s characteristics, circumstances, needs or interactions with a local authority or educational institutions that the Secretary of State considers, or the Welsh Ministers consider (as the case may be), should be included in the register for the purposes of promoting or safeguarding the education or welfare of children.

(3)

A register under section 436B may also contain any other information the local authority considers appropriate.

(4)

Regulations may, in relation to a register under section 436B, make provision about—

(a)

how a local authority must maintain the register, including provision relating to—

(i)

how the register is to be kept up-to-date;

(ii)

the making of changes to the register;

(b)

the form of the register;

(c)

publication of the register;

(d)

registration forms;

(e)

how amounts of time and estimates of amounts of time are to be calculated and recorded for the purposes of subsection (1)(e), (f) and (g)(iv);

(f)

publicising the register and duties of persons in relation to the register.

(5)

No information from a register under section 436B may be published, or made accessible to the public, in a form—

(a)

which includes the name or address of a child who is eligible to be registered under that section or of a parent of such a child, or

(b)

from which the identity of such a child or parent can be deduced, whether from the information itself or from that information taken together with any other published information.

(6)

In subsection (1)(g), “prescribed amount of time” means an amount of time prescribed—

(a)

by reference to a number of hours in, or a proportion of, a week or other period;

(b)

by reference to a proportion of the time a child spends receiving education;

(c)

in any other way.

436DProvision of information to local authorities: parents(1)

A parent of a child who is eligible to be registered by a local authority under section 436B must—

(a)

inform the local authority that the child is eligible for registration, and

(b)

provide the authority with any of the information referred to in section 436C(1) that the parent has.

(2)

A parent of a child who is registered by a local authority under section 436B must—

(a)

provide the authority, on request, with any of the information referred to in section 436C(1) that the parent has,

(b)

inform the authority of a change, of which the parent is aware, to any of the information required to be included in the register under section 436C(1)(a) to (d),

(c)

inform the authority, on request, if there have been any changes, of which the parent is aware, to any of the information mentioned in section 436C(1)(e), (f) or (g) since the information was last provided to the authority, and provide the authority with information about those changes, or confirm that there have been no changes, and

(d)

inform the authority if the child ceases to be eligible to be registered by that authority under section 436B as a result of no longer meeting Condition A (see subsection (3) of that section) or Condition C (see subsection (5) of that section).

(3)

A local authority—

(a)

must make a request mentioned in subsection (2)(c) in relation to each child registered by the local authority under section 436B at least once a year, but

(b)

may not make such a request more frequently than once every three months.

(4)

A person must comply with a duty under subsection (1) or (2) before the end of the relevant period.

(5)

In subsection (4) “relevant period” means—

(a)

in the case of the duty in subsection (1)(a) or (b), the period of 15 days beginning with the date on which the child becomes eligible for registration by the local authority;

(b)

in the case of the duty in subsection (2)(a), such period of not less than 15 days as the local authority specify in the request;

(c)

in the case of the duty in subsection (2)(b), the period of 15 days beginning with the date on which the parent becomes aware of the change;

(d)

in the case of the duty in subsection (2)(c), such period of not less than 15 days as the local authority specify in the request;

(e)

in the case of the duty in subsection (2)(d), the period of 15 days beginning with the date on which the child ceases to be eligible to be registered by the local authority under section 436B.

(6)

The duties in subsections (1) and (2) do not apply where the child is receiving full-time education by the following means—

(a)

arrangements made by the local authority under section 19 (in England) or section 19A (in Wales);

(b)

arrangements made by the proprietor of a relevant school at which the child is a registered pupil;

(c)

where the local authority is a local authority in England, arrangements made by the local authority under section 61 of the Children and Families Act 2014 (special educational provision otherwise than in schools, post-16 institutions etc);

(d)

where the local authority is a local authority in Wales, arrangements made by the local authority under section 53 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) (additional learning provision otherwise than in schools);

(e)

any combination of the arrangements mentioned in paragraphs (a) to (d);

(f)

any one or more of the arrangements mentioned in paragraphs (a) to (d) and attendance at a relevant school.

(7)

In this section “relevant school” has the same meaning as in section 436B.

436EProvision of information to local authorities: education providers(1)

This section applies where a local authority reasonably believes that—

(a)

a person is providing out-of-school education to a child for more than the prescribed amount of time without any parent of the child being actively involved in the tuition or supervision of the child, and

(b)

the child is, or is eligible to be, registered by the authority under section 436B.

(2)

In this section—

(a)

“out-of-school education” means any programme or course of education, or any other kind of structured education, that is provided otherwise than as part of the education provided by a relevant school (within the meaning of section 436B);

(b)

“prescribed amount of time” means an amount of time prescribed—

(i)

by reference to a number of hours in, or a proportion of, a week or other period;

(ii)

by reference to a proportion of the time a child spends receiving education;

(iii)

in any other way.

(3)

The authority may by notice require the person—

(a)

to confirm whether or not the person is providing out-of-school education as mentioned in subsection (1)(a) to any child living in England or Wales (whether or not that child lives in the authority’s area) or has provided such education at any time during the period of three months ending with the date of the notice, and

(b)

to provide the authority with the following information in relation to any child living in England or Wales (whether or not that child lives in the authority’s area) to whom they are providing such education, or to whom they have provided such education during that three month period—

(i)

the child’s name, date of birth and home address,

(ii)

the total amount of time that they provide such education to the child, and

(iii)

the amount of time that they provide such education to the child without any parent of the child being actively involved in the tuition or supervision of the child.

(4)

A notice under subsection (3) is served if it is sent to or left at the place where the out-of-school education is provided (as well as in the circumstances referred to in section 572(1)).

(5)

Before the end of the specified period, the person on whom a notice under subsection (3) is served must comply with the requirement in the notice.

(6)

The “specified period” is the period, specified in the notice that—

(a)

is at least 15 days, and

(b)

begins with the day on which the notice is served.

(7)

Regulations may provide for exceptions to the duty in subsection (5).

(8)

Where a local authority is satisfied that a person on whom a notice under subsection (3) is served has—

(a)

failed to comply with their duty under subsection (5), or

(b)

provided incorrect information in response to the notice,

the authority may require the person to pay a monetary penalty to the authority in accordance with Schedule 31A.

(9)

The amount of the monetary penalty is to be the prescribed amount.

(10)

Subsection (8) does not apply in relation to a notice under subsection (3) that is served during the period of three months beginning with the day on which section 38 of the Children’s Wellbeing and Schools Act 2026 comes into force.

436FUse of information in the register(1)

A local authority must, if the Secretary of State so directs in relation to a local authority in England, or the Welsh Ministers so direct in relation to a local authority in Wales, provide the Secretary of State or the Welsh Ministers (as the case may be) with information of a prescribed description from their register under section 436B (whether that is information relating to an individual child or aggregated information).

(2)

The Secretary of State or the Welsh Ministers may provide information received under subsection (1) to a prescribed person if the Secretary of State considers or the Welsh Ministers consider (as the case may be) it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a)

the child to whom the information relates, or

(b)

any other person under the age of 18.

(3)

A local authority may provide information from their register under section 436B which relates to a child, to a person mentioned in subsection (4) if the authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a)

the child, or

(b)

any other person under the age of 18.

(4)

For the purposes of subsection (3), the persons are—

(a)

a person listed in section 11(1) or 28(1) of the Children Act 2004 (arrangements to safeguard and promote welfare);

(b)

Ofsted, meaning—

(i)

the Office for Standards in Education, Children’s Services and Skills, and

(ii)

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

(c)

His Majesty’s Chief Inspector of Education and Training in Wales;

(d)

the Welsh Ministers.

(5)

Where a local authority becomes aware that a child registered in their register under section 436B will move, or has moved, to the area of another local authority, the local authority—

(a)

must provide the other local authority with any information relating to the child which is contained in the register under or by virtue of section 436C(1) or (2), and

(b)

may provide the other local authority with any other information relating to the child which is contained in the register under or by virtue of section 436C(3).

(6)

Where a local authority in Scotland or Northern Ireland makes a request for information from a register under section 436B held by a local authority in England or Wales, the local authority receiving the request may provide the information if that authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a)

the child to whom the information relates,

(b)

any other person under the age of 18.

(7)

A local authority in Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(8)

A local authority in Northern Ireland means a Health and Social Care Trust or the Education Authority established under the Education Act (Northern Ireland) 2014.

436GSupport(1)

If a parent of a child registered by a local authority under section 436B so requests, the local authority must provide support to the parent by securing the provision of advice and information relating to the education of the child.

(2)

The advice and information to be provided is whatever the local authority considers fit having regard to the parent’s request and may include—

(a)

advice about the education of the child,

(b)

information about sources of assistance for the education of the child, and

(c)

information about access to examinations for the General Certificate of Secondary Education.

(3)

A local authority in England must offer parents of children registered by the authority under section 436B the opportunity to attend a forum to discuss the operation of sections 436B to 436P.

(4)

The offer must be made twice per year and if it is accepted by at least one person to whom it is made, the local authority must arrange for the forum to take place.

(5)

The duties in subsections (1), (3) and (4) do not apply in relation to a child where—

(a)

the child is a registered pupil at a relevant school (within the meaning of section 436B),

(b)

the local authority is required to make arrangements for the education of the child under section 19 or 19A of this Act,

(c)

the local authority is required to secure special educational provision for the child under section 42(2) of the Children and Families Act 2014, or

(d)

the local authority is required to secure additional learning provision or other provision for the child under section 14(10) or 19(7) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

(3)

In section 569(2A)—

(a)

after “section” insert “436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2),”;

(b)

after “550ZC(7)” insert “, or under paragraph 5 of Schedule 31A”.

(4)

In section 569(2B)—

(a)

omit “A statutory instrument containing”;

(b)

after “397” insert “, 436I(6)”;

(c)

for the words after “the Welsh Ministers” substitute “are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).”

(5)

In section 569(2BA)—

(a)

omit the words from the beginning to “provision)”;

(b)

for the words after “2018” substitute “are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).”

(6)

In section 569(2BB)—

(a)

omit the words from the beginning to “provision)”;

(b)

after “section” insert “436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2) or”;

(c)

after “579(3C)” insert “, or under paragraph 5 of Schedule 31A”;

(d)

for the words after “579(3C)” substitute “are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).”

(7)

After Schedule 31 insert—Schedule 31A

Section 436E

Failure to provide information under section 436E: monetary penaltiesWarning notice1(1)

Where a local authority proposes to require a person to pay a monetary penalty under section 436E(8), the authority must serve a notice on the person of what is proposed (a “warning notice”).

(2)

The warning notice must include information as to—

(a)

the grounds for the proposal to require payment of the monetary penalty,

(b)

the amount of the penalty, and

(c)

the person’s right to make representations.

Representations2

The person on whom the warning notice is served may make written representations to the local authority in relation to the proposed requirement to pay a monetary penalty—

(a)

before the end of the period of 14 days beginning with the day on which the notice is served, or

(b)

if within that period the person gives written notice of their intention to make representations, before the end of the period of 28 days beginning with that day.

Imposition of penalty3(1)

Where a person has made representations in response to a warning notice, or the time for doing so has elapsed, the local authority must decide whether to require the person to pay the monetary penalty.

(2)

The local authority may not require the person to pay a monetary penalty if the authority is no longer satisfied as mentioned in section 436E(8).

(3)

If the local authority decide not to require the person to pay the penalty, the authority must inform the person of that fact.

Penalty notice4(1)

A requirement to pay a monetary penalty is imposed by a notice served on the person by the local authority (a “penalty notice”).

(2)

A penalty notice must include information as to—

(a)

the grounds for requiring payment of the monetary penalty,

(b)

the amount of the penalty,

(c)

how payment may be made,

(d)

the period within which payment is to be made (which must be at least 28 days beginning with the day on which the notice is served),

(e)

the consequences of late payment (see paragraph 5), and

(f)

rights of appeal.

(3)

A penalty notice may be withdrawn at any time by the local authority that gave it.

Consequences of late payment5

If the person on whom a penalty notice is served fails to pay the monetary penalty within the period specified in the notice, the amount of the penalty is increased by the prescribed percentage.

Appeals6(1)

A person on whom a penalty notice is served may appeal to the First-tier Tribunal on any of the grounds mentioned in sub-paragraph (2).

(2)

The grounds are that—

(a)

the decision to require payment of the penalty was based on an error of fact;

(b)

the decision was wrong in law;

(c)

the decision was unreasonable.

(3)

On an appeal under this paragraph the First-tier Tribunal may—

(a)

quash the penalty notice,

(b)

confirm the penalty notice, or

(c)

vary the penalty notice by reducing the amount of the monetary penalty.

(4)

Where an appeal under this paragraph is made, the requirement to pay the monetary penalty is suspended pending the final determination or withdrawal of the appeal.

Enforcement7

If a person does not pay the whole or any part of a monetary penalty which the person is required to pay under this Schedule within the time specified in the penalty notice, the penalty or part of the penalty is recoverable as if it were payable under an order of the county court.