The Education (Information About Individual Pupils) (England) Regulations 2013

Regulations 3 to 5

SCHEDULE 1 Provision of information about individual pupils

PART 1 All pupils on the register

1.  In respect of each pupil on the register on the date specified in the request for information, the following information.

2.  The pupil’s—

(a) gender;

(b) date of birth;

(c) current unique pupil number, and, where the school has held a previous unique pupil number for that pupil, the previous number;

(d) surname, and where the pupil has a former surname which is known to the governing body or, where appropriate, the proprietor, that former surname;

(e) preferred surname;

(f) first name, or if more than one, each first name;

(g) ethnic group;

(h) date of admission to the school;

(i) first language;

(j) National Curriculum year group;

(k) unique learner number, where known.

3.  The address and postcode of the home where the pupil normally resides.

4.  Whether the pupil is a registered pupil at one school or more than one school, and, where the pupil is registered as a pupil at more than one school, the school that the pupil attends for the majority of his time.

5.  Whether the pupil is part-time.

6.  Whether the pupil is a day or boarding pupil at the school.

7.  In the case of a special school that is not a special school established in a hospital, if the pupil is a boarding pupil at the school, whether the pupil boards at the school for seven or less nights per week.

8.  Where the pupil has special educational needs, the type of special educational needs that pupil has, the primary and secondary ranking of those types if there is more than one type, and which special educational needs provision type is being made for him.

9.  Where the pupil has special educational needs, whether the pupil is taught (wholly or partly)—

(a) in a special educational needs unit in a school which is not a special school; or

(b) at a place reserved in a school which is not a special school where that school receives additional funding from a local authority in order to cater for the pupil’s special educational needs.

10.  Whether the school has received any top-up funding in respect of the pupil during such period as is specified in the request for information.

11.  Where the pupil is, to the knowledge of the governing body or, where appropriate, the proprietor, a looked-after child, that fact and the name of the local authority by whom the pupil is looked-after.

12.  Whether the pupil has been, to the knowledge of the governing body or, where appropriate the proprietor, a looked-after child whilst on the register.

13.  Where a pupil has previously been a looked-after child, whether to the knowledge of the governing body or, where appropriate, the proprietor, that pupil is no longer looked-after as a result of the making of one of the following orders—

(a) an adoption order;

(b) a special guardianship order or

(c) a residence order,

and if so which of the above orders was made.

14.  Whether pursuant to section 512(3) and 512ZB of the 1996 Act(1), the pupil has applied and been found eligible for free school meals.

15.  In the case of a school which provides primary education, whether the pupil is receiving nursery education in a nursery class at the school.

16.  For each pupil who is not a boarder, the total number of morning and afternoon sessions which the pupil could have attended during such periods as are specified in the request for information, and—

(a) the number of authorised absences from such sessions; and

(b) the number of unauthorised absences from such sessions.

17.  Where the pupil’s school has registered the pupil’s absences (if any) referred to in paragraph 16 in the school’s electronic management information system, or in a system compatible with the school’s electronic management information system, the reason for the absences.

18.—(1) Whether the pupil normally resides with a person specified in sub-paragraph (2) who is—

(a) a person subject to service law by virtue of section 367(1) of the Armed Forces Act 2006(2), or

(b) a person subject to service law by virtue of section 4(3)(a) of the Visiting Forces (British Commonwealth) Act 1933(3),

and who has been assigned Personal Status Category 1 or 2 (within the meaning of the “Personal Status Category Definitions” document published by the Ministry of Defence on 18th October 2007(4)) by the Secretary of State for Defence.

(2) The person referred to in sub-paragraph (1) is—

(a) a parent of the pupil;

(b) a person who is not the pupil’s parent and who is married to, or a civil partner of, a parent of the pupil; or

(c) a person not falling within paragraphs (a) or (b) who has parental responsibility for the pupil within the meaning of section 3 of the 1989 Act.

(3) Section 576 of the 1996 Act(5) (meaning of “parent”) does not apply to this paragraph.

PART 2 Excluded pupils

19.—(1) Subject to sub-paragraph (2), in respect of each pupil who has been excluded from the school (whether permanently or otherwise) and whose exclusion start date was during such period as is specified in the request for information, where that specified period falls within in the twelve months preceding that request, the exclusion start date, and the information in the following paragraphs as it existed on the exclusion start date.

(2) This Part does not apply to a pupil referred to in sub-paragraph (1) where the pupil is subsequently reinstated by the governing body or, where appropriate, the proprietor of the school.

20.  The pupil’s—

(a) gender;

(b) date of birth;

(c) unique pupil number, and, where the school has held a previous unique pupil number for that pupil, the previous number;

(d) surname, and where the pupil has a former surname which is known to the governing body or, where appropriate, the proprietor, that former surname;

(e) first name or, if more than one, each first name;

(f) date of admission to the school, and

(g) (where applicable) date of leaving the school.

21.  Whether the pupil was part-time.

22.  Where the pupil had special educational needs, which special educational needs provision type was being made for him.

23.  Whether the pupil was, to the knowledge of the governing body or, where appropriate, the proprietor, a looked-after child.

24.  Whether the exclusion is or was—

(a) for a fixed period (otherwise than as specified in sub-paragraph (b));

(b) for a fixed period or periods between the morning and the afternoon school sessions(6); or

(c) permanent.

25.  Where the exclusions is or was for a fixed period, the number of sessions to which the exclusion applies or applied.

26.  The reason for the exclusion.

PART 3 Attendance information for pupils no longer on the register

27.  In respect of each pupil not on the register who—

(a) was not a boarder, and

(b) was on the register on any day in the school term which preceded the date specified in the request for information,

the following information.

28.  The pupil’s—

(a) gender;

(b) date of birth;

(c) unique pupil number, and, where the school has held a previous unique pupil number for that pupil, the previous number;

(d) surname, and where the pupil has a former surname which is known to the governing body or, where appropriate, the proprietor, that former surname;

(e) first name or, if more than one, each first name;

(f) date of admission to the school, and

(g) date of leaving the school.

29.  Whether the pupil was part-time.

30.  The total number of morning and afternoon sessions which the pupil could have attended during such periods as are specified in the request for information, and—

(a) the number of authorised absences from such sessions; and

(b) the number of unauthorised absences from such sessions.

31.  Where the pupil’s school has registered the pupil’s absences (if any) referred to in paragraph 30 in the school’s electronic management information system, the reason for the absences.

PART 4 Provision of information by schools with sixth forms about the learning aims of individual pupils

32.  The information referred to in this part is required only from those schools (not including special schools) which provide full time education suitable to the requirements of pupils of and over compulsory school age.

33.  In respect of each pupil who is or was—

(a) on the register during such period as is specified in the request for information, and

(b) in or above the school year after the fourth key stage and undertaking a learning aim, or

(c) in the fourth key stage and undertaking a level 3 learning aim,

the following information.

34.  For each of the pupil’s learning aims—

(a) the qualification number;

(b) the date on which the pupil started the learning aim;

(c) the date by which the pupil and the pupil’s school together plan or planned that the pupil will complete, or was to have completed, the learning aim;

(d) the date (if applicable) on which the pupil completed the learning aim and the result obtained;

(e) information as to the pupil’s progress or status in respect of the learning aim;

(f) information identifying the syllabus, the subject and the awarding body for the qualification.

35.  Where applicable, the date the pupil left the school.

PART 5 Provision of information by schools with sixth forms about pupils awarded bursaries

36.  The information referred to in this part is required only from those schools (including special schools) which provide full-time education suitable to the requirements of pupils of and over compulsory school age.

37.  In respect of each pupil who is or was—

(a) on the register during such period as is specified in the request for information, where that specified period falls within the twelve months preceding that request; and

(b) aged 16 or over and under 20 on the 31st August prior to the request from the Secretary of State,

whether the pupil has been awarded a bursary.

Regulation 6

SCHEDULE 2 Revocations

Regulations revoked	References
1. Education (Information About Individual Pupils) (England) Regulations 2006	S.I. 2006/2601
2. Education (Information About Individual Pupils) (England) (Amendment) Regulations 2007	S.I. 2007/3373
3. Education (Information About Individual Pupils) (England) (Amendment) Regulations 2008	S.I. 2008/3072
4. Education (Information About Individual Pupils) (England) (Amendment) Regulations 2011	S.I. 2011/2123
5. Education (Information About Individual Pupils) (England) (Amendment) Regulations 2012	S.I. 2012/1919

(1)

Sections 512 and 512ZB were substituted by the Education Act 2002 (c. 32), section 201(1) and amended by S.I. 2010/1158, Schedule 2, paragraph 7(2). Section 512ZB was amended by the Child Poverty Act 2010 (c. 9), section 26(1), the Welfare Reform Act 2007 (c. 5), section 28(1), Schedule 3, paragraph 16(1), (3), and the Welfare Reform Act 2012 (c. 5), section 31, Schedule 2, paragraphs 37, 39.

(2)

2006 c. 52. Section 382 of the Armed Forces Act 2006 provides that the Act expires at the end of one year beginning with the day on which the Armed Forces Act 2011 is passed (3rd November 2011) unless continued by an Order in Council (but not beyond the year 2016). The Armed Forces Act (Continuation) Order 2012 (S.I. 2012/1750), article 2 continues the Armed Forces Act 2006 in force until 3rd November 2013.

(3)

1933 c. 6. Section 4(3) was amended by the Armed Forces Act 2006, c 52, Schedule 16 paragraph 14(1), (3)(a) and (b).

(4)

A copy of this document can be found at:https://www.gov.uk/government/publications/personal-status-category-definitions

(5)

Section 576 was amended by the School Standards and Frameworks Act 1998 c. 31, Schedule 30, paragraph 180(a) and Schedule 31, paragraph 1.

(6)

The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (S.I. 2012/1033) provide that any exclusion for a fixed period between the morning and afternoon sessions shall for the purposes of those Regulations be taken as equivalent to half a school day.