2022 No. 599
The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2022
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 537A(1) and 569(4) of the Education Act 19961.
Citation, commencement and extent1
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) (Amendment) Regulations 2022 and come into force on 1st September 2022.
2
These Regulations extend to England and Wales.
Amendment of the Education (Information About Individual Pupils) (England) Regulations 20132
1
The Education (Information About Individual Pupils) (England) Regulations 20132 are amended as follows.
2
In regulation 2, in the definition of “special educational needs provision type”, for ““The Special Educational Needs and Disability Code of Practice: 0-25 years” published on 29th July 2014” substitute “the “Special educational needs and disability code of practice: 0 to 25 years” published on 29th January 2015”
.
3
In Part 1 of Schedule 1—
a
in paragraph 13—
i
the existing text becomes sub-paragraph (1);
ii
in that sub-paragraph—
aa
after “looked-after child” insert “or has previously been in overseas state care”
;
bb
after “no longer looked-after” insert “or in overseas state care”
;
iii
after sub-paragraph (1) insert—
2
In this paragraph and paragraph 13A, “in overseas state care” means in the care of, or accommodated by, a public authority, a religious organisation, or any other organisation the sole or main purpose of which is to benefit society, in a country or territory outside England and Wales.
b
after paragraph 13 insert—
13A
Where a pupil has previously been a looked-after child or has previously been in overseas state care, whether to the knowledge of the governing body or, where appropriate, the proprietor, that pupil is no longer looked-after or in overseas state care as a result of an adoption effected under the law of a country or territory outside England and Wales.
c
after paragraph 14 insert—
14A
1
Whether—
a
the pupil is, to the knowledge of the governing body or, where appropriate, the proprietor, a young carer; and
b
if so, the pupil has been identified as such by:
i
a parent of the pupil; or
ii
the school.
2
In this paragraph, “young carer” has the meaning given by section 17ZA of the 1989 Act3.
4
After paragraph 18 of Schedule 1 insert—
Part 1APupils on the Register Receiving Education Provision other than at the School
18A
1
In respect of each pupil on the register, and each pupil who has previously been on the register, who is receiving education provision in any of the circumstances specified in sub-paragraph (2) on the date specified in the request for information or during such period as is specified in the request for information, the information in paragraph 18B.
2
The circumstances are where the pupil—
a
is required by the governing body pursuant to section 29A of the Education Act 20024 or, in the case of an Academy, is required by the proprietor, to attend at any place outside the school premises for the purpose of receiving education provision which is intended to improve the behaviour of the pupil;
b
is excluded from the school for a fixed period on disciplinary grounds and the governing body, or, in the case of an Academy, the proprietor, arranges suitable full-time education for the pupil pursuant to section 100 of the Education and Inspections Act 20065;
c
is receiving education provision otherwise than at the school pursuant to section 19 of the 1996 Act6; or
d
is receiving special educational provision in accordance with the pupil’s EHC plan otherwise than at the school pursuant to section 42 of the Children and Families Act 20147.
18B
In relation to the education provision for the pupil in the circumstances described in paragraph 18A(2)—
a
the identity of the provider of the education provision;
b
the reason for the education provision;
c
the date on which the education provision commenced;
d
where applicable, the pupil’s special educational needs provision type at the date on which the education provision commenced;
e
where applicable, the date on which the education provision ended;
f
where applicable, the pupil’s special educational needs provision type at the date on which the education provision ended;
g
whether the education provision is part-time;
h
where the education provision is part-time, the number of school sessions the pupil expects to attend in each week during the period specified in the request for information.
5
After paragraph 37 of Schedule 1 insert—
Part 6Provision of Information by Local Authorities relating to Pupil Referral Units and by Alternative Provision Academies
38
The information referred to in this Part is required only from—
a
local authorities, in respect of those pupil referral units that they maintain8; and
b
proprietors of alternative provision Academies.
39
In respect of each pupil on the register of the pupil referral unit or alternative provision Academy, and who is not on the register of another school on the date specified in the request for information, the following information.
40
The unique reference number of the educational establishment that the pupil was registered at before being registered at the pupil referral unit or alternative provision Academy.
41
The reason for the pupil receiving education provision at the pupil referral unit or alternative provision Academy.
42
The pupil’s special educational needs provision type on the date the pupil was entered on the register of the pupil referral unit or alternative provision Academy.
43
In this Part, “unique reference number” means a combination of numbers allocated to the school by the Department for Education for the purposes of identification and registration on the website known as “Get Information About Schools” maintained by the Department.
(This note is not part of the Regulations)