2005 No. 1437
EDUCATION, ENGLAND
The Education (Pupil Information) (England) Regulations 2005
Made 24th May 2005
Laid before Parliament 8th June 2005
Coming into force 8th July 2005

In exercise of the powers conferred on the Secretary of State by sections 408, 563 and 569(4) of the Education Act 1996 , and after consulting with those persons with whom consultation appeared to her to be desirable, the Secretary of State for Education and Skills hereby makes the following Regulations—
1996 c. 56. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by these sections are exercisable by the Secretary of State only in relation to England. Section 408 was amended by the Education Act 1997 (c. 44), Schedule 7, paragraph 30, the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraphs 57 and 106, the Learning and Skills Act 2000 (c. 21), Schedule 9, paragraph 57 and the Education Act 2002 (c. 32), Schedule 21, paragraph 46.

1 Citation, commencement and application
1 These Regulations may be cited as the Education (Pupil Information) (England) Regulations 2005 and shall come into force on 8 July 2005.
2 These Regulations apply to schools in England.

2 Interpretation
In these Regulations—
“the 2002 Act” means the Education Act 2002 ;
“the 2004 document” means the document entitled “Assessment and Reporting Arrangements” published by the Qualifications and Curriculum Authority for the Foundation Stage and Key Stage 1 in 2004;
...
“the associated document” means any document (other than the pre-key stage standards document for key stage 1, the pre-key stage standards document for key stage 2 and the engagement model) published by the Department for Education under a section 87(3)(a) and (b) order for the foundation subjects, setting out any attainment targets and programmes of study for each of those subjects;
“core subjects” means English, mathematics and science;
“curricular record” means a formal record of a pupil's academic achievements, his other skills and abilities and his progress in school;
“Departmental number” means a reference number unique to each establishment and allocated by use of a formula determined by the Department for Education;
“the engagement model” means the document published by the Department for Education on 23rd July 2020 entitled “The engagement model”;
“external marking agency” means a body ... approved by the Secretary of State to mark NC tests;
“foundation subjects” means art and design, citizenship, design and technology, geography, history, information and communication technology, a modern foreign language, music, physical education and the core subjects;
“key stage” or references to a particular key stage shall be construed in accordance with section 82 of the 2002 Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school other than such a school which is established in a hospital;
“management committee”, in relation to a pupil referral unit, means the management committee for that unit established pursuant to the Education (Pupil Referral Units) (Management Committees etc.) Regulations 2007;
“NC attainment targets” means the National Curriculum attainment targets described in the associated document;
“NC standards of attainment” means the National Curriculum standards of attainment described in the associated document;
“NC tasks” means the National Curriculum standard tasks administered to pupils pursuant to the statutory arrangements ;
“NC tests” means the National Curriculum tests administered to pupils pursuant to the statutory arrangements ;
“NC test tiers” means the National Curriculum test tiers described in the associated document;
“the pre-key stage standards document for key stage 1” means the document published by the Department for Education on 23rd July 2020 entitled “Pre-key stage 1: pupils working below the national curriculum assessment standard”, and “the pre-key stage standards for key stage 1” means the standards set out in that document;
“the pre-key stage standards document for key stage 2” means the document published by the Department for Education on 23rd July 2020 entitled “Pre-key stage 2: pupils working below the national curriculum assessment standard”, and “the pre-key stage standards for key stage 2” means the standards set out in that document;
...
...
...
“personal education plan” means the plan referred to in section 5.16 to 5.26 of the guidance entitled “Guidance on the Education of Children and Young People in Public Care , which a local authority must ensure is provided for every child and young person in their care;
...
“the relevant key stage” means—
(a) the first key stage, where section 82(1)(a) of the 2002 Act applies to a pupil;
(b) the second key stage, where section 82(1)(b) of the 2002 Act applies to a pupil;
“responsible person” means—
(a) the head teacher of an independent school or of an alternative provision Academy that is not an independent school;
Words in reg. 2 inserted (1.5.2012) by The Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/979), art. 1(b), Sch. para. 18(2)(a)
(b) the governing body of any other school (or, where the school is a pupil referral unit, the management committee); or
Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(e)
(c) the person responsible for the conduct of any 16 to 19 Academy, further education institution, higher education institution or other place of education or training to which a pupil transfers or may transfer;
Words in reg. 2 substituted (1.5.2012) by The Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/979), art. 1(b), Sch. para. 18(2)(b)
SEN support” means the type of special educational needs provision forming part of the graduated approach adopted pursuant to “The Special Educational Needs and Disability Code of Practice: 0-25 years” published on 29th July 2014 under section 77 of the Children and Families Act 2014
“special educational needs” is to be interpreted in accordance with section 20(1) of the Children and Families Act 2014;
“the statutory arrangements” means the assessment arrangements specified by orders made under section 87(3)(c) of the 2002 Act;
“teacher assessment” means assessment of a pupil's NC standard of attainment in a subject by the pupil's teacher, as specified in the statutory arrangements ;
“unauthorised absence” means any absence from the school for which leave has not been granted by a person authorised in that behalf by the governing body of the school;
“unique learner number”, in relation to a registered pupil at a school, means the specific combination of numbers allocated to the pupil by the Secretary of State as that pupil’s unique learner number;
“unique pupil number” means a combination of numbers which, together with a letter or letters, are allocated to a pupil by use of a formula determined by the Department for Education and are particular to that pupil.
2002 c. 32.
Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(a)
Words in reg. 2 omitted (1.9.2020) by virtue of The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 5(2)(a)
Words in reg. 2 substituted (1.9.2015) by The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 3(b)
Words in reg. 2 substituted (1.9.2020 for specified purposes, 1.9.2021 in so far as not already in force) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2)(3), 5(2)(b), Sch.
Words in reg. 2 substituted (12.12.2007) by The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007 (S.I. 2007/3224), art. 1(2), Sch. para. 54(a)
Words in reg. 2 substituted (18.8.2010) by The Secretary of State for Education Order 2010 (S.I. 2010/1836), art. 1(2), Sch. para. 11(g)(i)
Words in reg. 2 inserted (1.9.2021) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(3), 5(2)(c), Sch.
Words in reg. 2 omitted (1.4.2012) by virtue of The Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 (S.I. 2012/765), arts. 1, 8(2)(a)
Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(c)
Words in reg. 2 substituted (1.9.2015) by The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 3(c)
Words in reg. 2 substituted (1.9.2015) by The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 3(d)
The statutory arrangements referred to are specified in the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 (S.I. 2004/2783).
The statutory arrangements referred to are specified in the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1038) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1039).
Words in reg. 2 substituted (1.9.2015) by The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 3(e)
Words in reg. 2 inserted (1.9.2020) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 5(2)(d)
Words in reg. 2 omitted (1.9.2020) by virtue of The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 5(2)(e)(i)
Words in reg. 2 omitted (1.9.2020) by virtue of The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 5(2)(e)(ii)
Words in reg. 2 omitted (1.9.2020) by virtue of The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 5(2)(e)(iii)
These parts of the Guidance have statutory force by virtue of having been issued under section 7 of the Local Authority Social Services Act 1970 (1970 c. 42) (Paragraph 2.1(i) of Local Authority Circular (2000)13 refers).
Words in reg. 2 omitted (1.9.2023) by virtue of The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 4
Words in reg. 2 inserted (1.9.2020) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 5(2)(f)
Words in reg. 2 inserted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 19(2)(a)
Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(f)
Words in reg. 2 substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 19(2)(b)
Word in reg. 2 substituted (1.9.2015) by The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 3(i)
The statutory arrangements referred to are specified in the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 (S.I. 2004/2783), the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1038) and the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 2003 (S.I. 2003/1039).
Words in reg. 2 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 3(g)
Words in reg. 2 substituted (26.5.2015) by The Deregulation Act 2015 (Consequential Amendments) Order 2015 (S.I. 2015/971), art. 1(2)(a), Sch. 3 para. 7

3 Meaning of educational record
1 Subject to paragraph (4), in these Regulations “educational record” means any record of information which—
(a) is processed by or on behalf of the governing body of, or a teacher at, any school specified in paragraph (2);
(b) relates to any person who is or has been a pupil at any such school; and
(c) originated from or was supplied by or on behalf of any of the persons specified in paragraph (3),
other than information which is processed by a teacher solely for the teacher's own use.
2 The schools referred to in paragraph (1)(a) are—
(a) any school maintained by a local education authority; and
(b) any special school which is not so maintained.
3 The persons referred to in paragraph (1)(c) are—
(a) any employee of the local education authority which maintains the school or former school attended by the pupil to whom the record relates;
(b) in the case of—
(i) a voluntary aided, foundation or foundation special school; or
(ii) a special school which is not maintained by a local education authority,
any teacher or other employee at the school or at the pupil's former school (including any educational psychologist engaged by the governing body under a contract for services);
(c) the pupil to whom the record relates; and
(d) a parent of that pupil.
4 In addition to the information referred to in paragraph (1), an educational record includes—
(a) any EHC plan; and
Words in reg. 3(4)(a) substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 19(3)
(b) any personal education plan,
relating to the pupil concerned.
5 For the purposes of this regulation, “processed” shall be construed in accordance with the definition of “processing” in section 3(4) of the Data Protection Act 2018.
Words in reg. 3(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 315 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

4 Duty to keep curricular records
The governing body of every school maintained by a local education authority (other than a nursery school), and of every special school not so maintained, shall keep a curricular record, updated at least once every school year, in respect of every registered pupil at the school.

5 Disclosure of curricular and educational records
1 This regulation applies to the governing body of any school maintained by a local education authority (other than a nursery school) and any special school not so maintained.
2 Subject to paragraph (4), the governing body shall make a pupil's educational record available for inspection by the parent, free of charge, within fifteen school days of receipt of the parent's written request for access to that record.
3 Subject to paragraph (4), the governing body shall provide a copy of a pupil's educational record to the parent, on payment of such fee (not exceeding the cost of supply), if any, as the governing body may prescribe, within fifteen school days of receipt of the parent's written request for a copy of that record.
4 When complying with a request under paragraph (2) or paragraph (3), a governing body shall not make available for inspection or provide a copy of any information—
(a) which they could not lawfully disclose to the pupil himself under the UK GDPR; or
Words in reg. 5(4)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 316(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
Words in reg. 5(4) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 59(2) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
(b) in relation to which the pupil himself would have no right of access under the UK GDPR.
Words in reg. 5(4)(b) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 316(2)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
5 Subject to paragraph (6), where the pupil is under consideration for admission to another school (including an independent school) or to a 16 to 19 Academy, further education institution or higher education institution, the governing body shall transfer the pupil's curricular record to the responsible person, free of charge, within fifteen school days of receipt of the responsible person's written request for that record.
Words in reg. 5(5) inserted (1.5.2012) by The Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/979), art. 1(b), Sch. para. 18(3)
6 The record supplied under paragraph (5) shall not include the results of any assessment of the pupil's achievements.
7 In this regulation, “the UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).
Reg. 5(7) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 59(3) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)

6 Head teacher's annual report to parents and adult pupils
1 This regulation applies to the head teacher of any school maintained by a local education authority.
2 Subject to paragraphs (3), (3A) and (6), prior to the end of the summer term of every school year, the head teacher shall—
(a) prepare a head teacher's report in respect of every registered pupil at the school, containing the information referred to in paragraph (4);
(b) provide a copy of each such report to the person specified in paragraph (7)(a) or (b), as the case may be, free of charge; and
(c) make arrangements to enable the recipient of the report to discuss its content with the pupil's teacher, if he so wishes.
Words in reg. 6(2) substituted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 4(a)
3 Paragraph (2) does not apply in relation to any pupil who is to be provided with a school leaver's report pursuant to regulation 8.
3A Where the school is a pupil referral unit the head teacher shall only prepare the report referred to in paragraph (2) in respect of a registered pupil in the school year in which the pupil ceases to be of compulsory school age.
Reg. 6(3A) inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 4(b)
4 Subject to paragraphs (4A) and (5), the head teacher's report shall include the information specified in Schedule 1.
Words in reg. 6(4) substituted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 4(c)
4A Where the school is a pupil referral unit the head teacher’s report shall only include the information specified in paragraph 1 of Schedule 1.
Reg. 6(4A) inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 4(d)
5 Where the head teacher has asked the external marking agency to review the result of any NC test taken by the pupil but still awaits the outcome of that review, he shall include the original result of the test in his report but indicate that it is provisional.
6 The head teacher may provide the information referred to in paragraph (4) in the form of more than one report, provided that, subject to regulation 7, all such information is provided before the end of the summer term.
7 The persons referred to in paragraph (2)(b) are—
(a) in the case of any pupil who is aged 18 or over at the time the head teacher's report is due to be provided and who is not proposing to leave school by the end of the school year to which the report relates, the pupil himself and, if the head teacher considers there to be special circumstances which make it appropriate, the parent of that pupil;
(b) in any other case, the parent of the pupil to whom the report relates.
8 The period to which a head teacher's report relates shall begin with the later of—
(a) the pupil's date of admission to the school; or
(b) the day after the date on which the last report was made pursuant to this regulation (or, as the case may be, made available pursuant to regulation 6 of the regulations revoked by these Regulations).

7 Late receipt of information
1 Where any of the particulars necessary to provide the information referred to in regulation 6 and specified in paragraph (2) are not received by the head teacher until after the end of the summer term, he shall send such information within fifteen school days of receiving it.
2 The information referred to in paragraph (1) is—
(a) the results of any public examinations taken;
(b) details of any vocational qualifications or credits toward any such qualifications gained;
(c) the results of any NC tests taken by the pupil; and
(d) the results of any reviews by the external marking agency of any NC tests taken by the pupil.

8 Head teacher's report to school leavers
1 The head teacher of every maintained school shall prepare a school leaver's report in respect of any pupil who has ceased to be of compulsory school age and is proposing to or has left the school, containing brief particulars of the pupil's progress and achievements in subjects and activities forming part of the school curriculum (other than in relation to any public examination or vocational qualification) in the school year during or at the end of which the pupil proposes to or has left school.
2 The head teacher shall provide a copy of the school leaver's report to the pupil concerned by no later than 30th September following the end of the school year during or at the end of which the pupil left the school.

9 Transfer of information when a pupil changes school
1 In this regulation—
(a) “common transfer file” means a record of the information set out in Schedule 2, and
(b) “governing body” means, in relation to a pupil referral unit, the management committee.
Reg. 9(1) substituted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 5(a)
2 Where this regulation requires information to be transferred in machine readable form, that requirement may be met by transferring the information—
(a) subject to paragraph (11), by an e-mail attachment;
(b) through an intranet provided for that purpose by or on behalf of a local authority, and for the purposes of this regulation an intranet means a closed network that can only be accessed—
(i) by the local education authority,
(ii) by or on behalf of a governing body of a school within the area of that authority; or
(iii) by a teacher at a school within the area of that authority; or
(c) through an internet website or other facility provided for that purpose by or on behalf of the Department for Education.
Words in reg. 9(2)(c) substituted (12.12.2007) by The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007 (S.I. 2007/3224), art. 1(2), Sch. para. 54(b)
Words in reg. 9(2)(c) substituted (18.8.2010) by The Secretary of State for Education Order 2010 (S.I. 2010/1836), art. 1(2), Sch. para. 11(g)(ii)
3 Subject to paragraphs (6), (7) and (8), when a pupil ceases to be registered at a school maintained by a local education authority (the “old school”) and becomes a registered pupil at another school (the “new school”), the governing body of the old school or, where this has been agreed between that governing body and the local education authority, that authority shall transfer the pupil's common transfer file and educational record to the responsible person of the new school no later than fifteen school days after the day on which the pupil ceases to be registered at the old school.
Words in reg. 9(3) substituted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 5(b)
3A Paragraph (3B) applies where a pupil becomes registered at a school maintained by a local education authority (“the second school”) and remains registered at another such school (“the first school”).
Reg. 9(3A)(3B) inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 5(c)
3B Subject to paragraph (8), the governing body of the first school or, where this has been agreed between that governing body and the local education authority which maintains the first school, that authority shall send a copy of the pupil’s common transfer file and educational record to the responsible person of the second school no later than fifteen school days after the date on which the head teacher of the first school learned of the second registration.
4 The common transfer file shall be transferred in machine readable form, except where either the old school or the new school or, as the case may be, the first school or the second school does not have the necessary facilities to send or receive such information in that form.
Words in reg. 9(4) inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 5(d)
5 The educational record may be transferred in machine readable form or in paper form or in a combination of both forms.
6 Paragraph (3) shall not apply where it is not reasonably practicable for the governing body of the old school to ascertain the pupil's new school.
7 The reference to “new school” in paragraph (3) shall include any school in Wales, Scotland or Northern Ireland with effect from 3 October 2005.
8 Where a pupil has been registered at a school maintained by a local education authority for less than four weeks, it shall be sufficient compliance for the purposes of paragraph (3) or (3B) if the governing body of that school or, where applicable, the local education authority transfers such information and record as they have received under this regulation from the school at which the pupil was previously registered in the form in which it was received by them.
Words in reg. 9(8) substituted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 5(e)(i)
Words in reg. 9(8) substituted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 5(e)(ii)
9 For the purposes of paragraph (8), the reference in paragraph (3) to “fifteen school days” shall be a reference to the number of days after the day on which the pupil ceases to be registered at the school in question or to the number of days after the information and record have been received by the governing body of that school, whichever is the later.
10 If the governing body of a pupil's old school or first school receives a request from the responsible person of the school at which the pupil is currently a registered pupil, either for the pupil's common transfer file or for any educational record relating to that pupil in the old school's or first school’s possession, they shall provide it within fifteen school days of receiving the request.
Words in reg. 9(10) inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 5(f)(i)
Words in reg. 9(10) inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 5(f)(ii)
11 Notwithstanding paragraph (2)(a), information may only be sent by an e-mail attachment up to and including 30 September 2005.

10
The following Regulations are hereby revoked—
(a) The Education (Pupil Information) (England) Regulations 2000 ;
S.I. 2000/297.
(b) The Education (Pupil Information) (England) (Amendment) Regulations 2001 ;
S.I. 2001/1212.
(c) The Education (Pupil Information) (England) (Amendment) Regulations 2002 ; and
S.I. 2002/1680.
(d) The Education (Pupil Information (England) (Amendment) Regulations 2003 .
S.I. 2003/1006.
Jacqui Smith Minister of State Department for Education and Skills

SCHEDULE 1 Information to be included in the head teacher's annual report
Regulation 6(4)
1 Except where otherwise specified, the following information must be included in the annual report of every pupil—
(a) brief particulars of achievements in all subjects and activities forming part of the school curriculum;
(b) comments on general progress;
(c) arrangements for discussing the report with the pupil's teacher;
(d) attendance record, except where–
(i) the attendance record relates to the school year 2019/20 or 2020/21;
Words in Sch. 1 para. 1(d)(i) inserted (12.5.2021) by The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/482), regs. 1, 2(2)
(ii) the pupil is in the reception year; or
(iii) the pupil is in year 12 or 13 and is no longer of compulsory school age;
Sch. 1 para. 1(d) substituted (9.7.2020) by The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/599), regs. 1, 2(2)(a)
(e) the results of any public examinations taken, by subject and grade;
(f) details of any vocational qualifications or credits towards any such qualifications gained; and
(g) unless that year is the school year 2019/20 or 2020/21, the results of any NC tests taken during that year, by score.
Words in Sch. 1 para. 1(g) inserted (9.7.2020) by The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/599), regs. 1, 2(2)(b)
Words in Sch. 1 para. 1(g) inserted (12.5.2021) by The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/482), regs. 1, 2(2)
Word in Sch. 1 para. 1(g) substituted (1.9.2015) by The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 4(a)
2 (1) The following information must be included in the report of every pupil at the end of the second key stage—
(a) a brief commentary;
(b) the results of the teacher assessment of the pupil’s NC standards of attainment, excluding citizenship;
(c) particulars of any NC attainment targets or subjects from which the pupil is exempt;
(d) comparative information about the NC standards of attainment and scores of pupils of the same age in the school;
(e) comparative information about the NC standards of attainment and scores in the core subjects of pupils of the same age nationally;
(f) the results of the teacher assessment of his NC attainment targets in English;
(g) the results of the NC tests taken, by score; and
(h) a statement that the NC standards of attainment have been arrived at in accordance with the statutory arrangements.
Sch. 1 para. 2(1) substituted (1.9.2023) by The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 5(2)
(1A) Sub-paragraph (1) is subject to sub-paragraphs (2A) and (2B)
Sch. 1 para. 2(1A) substituted (1.9.2023) by The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 5(3)
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 1 para. 2(2)-(2B) substituted for Sch. 1 para. 2(2) (1.9.2020) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 5(3)(c)
Sch. 1 para. 2(2) omitted (1.9.2023) by virtue of The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 5(4)
(2A) In the case of a pupil with special educational needs in the second key stage who—
(a) is working at a standard below the NC standards of attainment for the second key stage; and
(b) is engaged in the study of English reading, English writing or mathematics,
in addition to the information specified in sub-paragraph (1), the further information that must be included in the report at the end of the second key stage is the pre-key stage standards for key stage 2 achieved by any such pupil in each subject referred to in paragraph (b) that that pupil is studying unless that report is prepared in the school year 2020/21.
Words in Sch. 1 para. 2(2A) inserted (12.5.2021) by The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/482), regs. 1, 2(3)(b)
(2B) In the case of a pupil with special educational needs in the second key stage who—
(a) is working at a standard below the NC standards of attainment for the second key stage; and
(b) is not engaged in the study of English reading, English writing or mathematics,
in addition to the information specified in sub-paragraph (1), the further information that must be included in the report at the end of the second key stage is a qualitative narrative commentary of the pupil’s achievements and progress in the areas of engagement identified in the engagement model.
Words in Sch. 1 para. 2(2B) substituted (1.9.2023) by The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 5(5)
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 1 para. 2(3) omitted (12.2.2014) by virtue of The Education (Pupil Information and School Performance Information) (Miscellaneous Amendments) (England) Regulations 2013 (S.I. 2013/3212), regs. 1, 3(a)(iii)
3 In this Schedule—
“attendance record” means a summary of the pupil's attendance during the period to which the information relates, showing the total number of possible attendances and the total number of unauthorised absences expressed as a percentage of the possible attendances;
“brief commentary” means a brief account of what the teacher assessments and the pupil’s NC tests results show about the pupil's progress individually, and in relation to other pupils in the same year, which draws attention to any particular strengths and weaknesses of the pupil;
“comparative information”, in relation to pupils of the same age nationally, means the information provided by the Department for Education about the NC standards of attainment and scores in the core subjects of all registered pupils at schools in England in the final year of the second key stage for the preceding school year unless the preceding school year is the school year 2019/20 or 2020/21, in which case for the school year 2018/19.
“qualitative narrative commentary” means a brief account of the pupil’s achievements and progress individually, and in relation to the progress of other pupils in the same year, which draws attention to any particular strengths and weaknesses of the pupil.
Words in Sch. 1 para. 3 substituted (1.9.2023) by The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 5(6)(a)
Words in Sch. 1 para. 3 substituted (12.12.2007) by The Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007 (S.I. 2007/3224), art. 1(2), Sch. para. 54(c)
Words in Sch. 1 para. 3 substituted (18.8.2010) by The Secretary of State for Education Order 2010 (S.I. 2010/1836), art. 1(2), Sch. para. 11(g)(iii)
Words in Sch. 1 para. 3 substituted (1.9.2015) by The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 4(b)(v)
Words in Sch. 1 para. 3 substituted (1.9.2023) by The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 5(6)(b)
Words in Sch. 1 para. 3 inserted (9.7.2020) by The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/599), regs. 1, 2(4)
Words in Sch. 1 para. 3 inserted (12.5.2021) by The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2021 (S.I. 2021/482), regs. 1, 2(4)
Words in Sch. 1 para. 3 inserted (1.9.2021) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(3), 5(3)(d), Sch.

SCHEDULE 2 Information forming part of the common transfer file
Regulation 9(1)
1 The pupil's—
(a) unique pupil number;
(aa) unique learner number, where known;
Sch. 2 para. 1(aa) inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 7(a)
(b) surname and where known, former surname;
(c) forename(s);
(d) date of birth;
(e) gender;
(f) ethnic group; ...
Word in Sch. 2 para. 1(f) omitted (1.9.2016) by virtue of The Education (Pupil Information) (England) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/808), regs. 1, 3(a)
(g) first language;
(h) nationality;
Sch. 2 para. 1(h)-(j) inserted (1.9.2016) by The Education (Pupil Information) (England) (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/808), regs. 1, 3(b)
(i) country of birth;
(j) proficiency in speaking, reading and writing in English.
2 Where the pupil has special educational needs, the type of special educational provision that is being made for him (“SEN support” or EHC plan).
Words in Sch. 2 para. 2 substituted (1.9.2014) by The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/2103), arts. 1, 19(4)
3 The following information in relation to the school year in which the pupil transferred—
(a) the total number of sessions in the school year;
(b) the total number of sessions in that school year attended by the pupil; and
(c) the total number of the pupil's unauthorised absences in that school year.
4 The Departmental number and name of the old school or first school.
Words in Sch. 2 para. 4 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 7(b)
5 The Departmental number and name of the new school or second school.
Words in Sch. 2 para. 5 inserted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 7(c)
6 (1) The pupil's cumulative achievements in education which, subject to sub-paragraphs (2) to (5), are as follows—
(a) the results of the teacher assessment of the pupil's NC standards of attainment at the end of any key stage completed, excluding any such assessment in English at the end of the first key stage;
Word in Sch. 2 para. 6(1)(a) substituted (1.9.2015) by The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 5(a)(i)
(b) the results of the teacher assessment of his NC attainment targets;
(c) where the pupil has not completed any key stage or is between key stages when he transfers school, the most recent assessment by the teacher of his NC standards of attainment, where any such assessments have been made;
Word in Sch. 2 para. 6(1)(c) substituted (1.9.2015) by The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 5(a)(i)
(d) subject to sub-paragraph (2), the results of the NC tasks and NC tests taken by the pupil ..., by ... score;
Words in Sch. 2 para. 6(1)(d) omitted (1.9.2019) by virtue of The Education (Pupil Information) (England) (Amendment) Regulations 2019 (S.I. 2019/959), regs. 1, 2(2)
Words in Sch. 2 para. 6(1)(d) omitted (1.9.2015) by virtue of The Education (Information) (Miscellaneous Amendments) (England) Regulations 2015 (S.I. 2015/902), regs. 1, 5(a)(ii)
(e) the age-standardised scores, derived from tables produced by the Secretary of State, where these have been applied;
Words in Sch. 2 para. 6(1)(e) substituted (1.4.2012) by The Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012 (S.I. 2012/765), arts. 1, 8(3)
(f) the NC test tiers, where appropriate;
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sch. 2 para. 6(1)(g)(h) omitted (1.9.2008) by virtue of The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 7(d)(ii)
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in Sch. 2 para. 6(1) substituted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 7(d)(i)
Words in Sch. 2 para. 6(1) substituted (1.9.2020) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 5(4)(a)(i)
(2) Paragraph 6(1)(d) shall not apply to the results of the NC tasks and NC tests taken by pupils at the end of the first key stage —
(a) where those pupils were not required to undertake those tasks and tests by virtue of their involvement in the Key Stage 1 assessment trial 2003/4 referred to in the 2004 document; or
(b) where those pupils were at the end of the first key stage in the school year 2004/5 and thereafter.
Sch. 2 para. 6(2) substituted (1.9.2008) by The Education (Pupil Information) (England) (Amendment) Regulations 2008 (S.I. 2008/1747), regs. 1(1), 7(d)(iii)
(2A) Paragraphs 6(1)(a) and (b) do not apply in respect of teacher assessments carried out at the end of the first key stage, if the pupil was at the end of the first key stage in the school year 2023/24 or any later school year.
Sch. 2 para. 6(2A) inserted (1.9.2023) by The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 6(2)
(3) Subject to sub-paragraph (3A), in the case of a pupil with special educational needs in the first key stage who—
(a) is working at a standard below the NC standards of attainment for the first key stage; and
(b) is engaged in the study of English reading, English writing or mathematics,
the pupil’s cumulative achievements in education at the end of the first key stage are the pre-key stage standards for key stage 1 achieved in each subject referred to in paragraph (b) that that pupil is studying.
Sch. 2 para. 6(3)-(5) substituted for Sch. 2 para. 6(3) (1.9.2020) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(2), 5(4)(a)(ii)
Words in Sch. 2 para. 6(3) substituted (1.9.2023) by The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 6(3)
(3A) Paragraph 6(3) does not apply if the pupil was at the end of the first key stage in the school year 2023/24 or any later school year.
Sch. 2 para. 6(3A) inserted (1.9.2023) by The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 6(4)
(4) In the case of a pupil with special educational needs in the second key stage who—
(a) is working at a standard below the NC standards of attainment for the second key stage; and
(b) is engaged in the study of English reading, English writing or mathematics,
the pupil’s cumulative achievements in education at the end of the second key stage are the pre-key stage standards for key stage 2 achieved in each subject referred to in paragraph (b) that that pupil is studying.
(5) Sub-paragraphs (1) to (4) of this paragraph do not apply in the case of a pupil with special educational needs in the relevant key stage who—
(a) is working at a standard below the NC standards of attainment for the relevant key stage; and
(b) is not engaged in the study of English reading, English writing or mathematics.
7 In the case of a pupil with special educational needs in the second key stage who—
(a) is working at a standard below the NC standards of attainment for the second key stage; and
(b) is not engaged in the study of English reading, English writing or mathematics,
whether the engagement model is being used for the purposes of specifying the achievements and progress of that pupil in the areas of engagement identified in the engagement model at the end of the second key stage.
Sch. 2 para. 7 inserted (1.9.2021) by The Education (National Curriculum Assessment Arrangements, Attainment Targets and Programmes of Study) and (Pupil Information and School Performance Information) (Amendment) (England) Regulations 2020 (S.I. 2020/844), regs. 1(3), 5(4)(b), Sch.
Words in Sch. 2 para. 7 substituted (1.9.2023) by The Education (Pupil Information and School Performance Information) (England) (Amendment) Regulations 2023 (S.I. 2023/380), regs. 1, 6(5)

(This note is not part of the Regulations)
These Regulations revoke and re-enact with modifications the Education (Pupil Information) (England) Regulations 2000.
They make provision for the keeping of records about the academic achievements, the skills and abilities and the progress of pupils at schools maintained by local education authorities (other than nursery schools) and special schools not so maintained (regulation 4).
They make provision for the disclosure of educational records by the governing bodies of schools maintained by local education authorities (other than nursery schools) and special schools not so maintained (regulation 5).
They require the provision of information by governing bodies and head teachers of community, foundation or voluntary schools and community or foundation special schools other than such schools established in hospitals (“maintained schools”), primarily about the educational achievements of their pupils (regulations 6, 7 and 8).
They make provision for the transfer of information (“the common transfer file”) when a pupil moves from a maintained school to another school (whether or not a maintained school) (regulation 9).
The principal substantive changes in these Regulations are—
(a) the definition of “educational record” is revised to include the pupil's personal education plan and any statement of special educational needs prepared by a local education authority which does not maintain the school attended or previously attended by the pupil (regulation 3);
(b) certain duties previously imposed on head teachers are transferred to governing bodies (regulations 4, 5 and 9);
(c) the disclosure of information contained in educational records, which could not be disclosed to the pupil himself under the Data Protection Act 1998 or in relation to which the pupil would have no right of access by virtue of any order made under section 38(1) of the Act, is prohibited (regulation 5(4));
(d) the results of NC tasks and NC tests taken by pupils at the end of the first key stage in the school year 2004/2005 and thereafter are no longer required to be reported to parents in pupil reports or transferred to other schools in the common transfer file (regulations 6 and 9);
(e) where pupils transfer to new schools in Scotland, Wales or Northern Ireland, the old schools will be required to transfer their records to those schools (regulation 9).