1.—(1) These Regulations may be cited as the Education (Information About Individual Pupils) (England) Regulations 2013 and come into force on 1st January 2014.

(2) These Regulations apply only in relation to schools in England.

Interpretation_I2

2. In these Regulations—

“the 1989 Act” means the Children Act 1989 ( 2 );

“the 1996 Act” means the Education Act 1996 ;

[^F1 “ the 2024 Regulations ” means the School Attendance (Pupil Registration) (England) Regulations 2024 ; ^F1]

“adoption order” has the meaning given by section 46(1) of the Adoption and Children Act 2002 ( 3 );

“alternative provision Academy” has the meaning given by section 1C of the Academies Act 2010 ( 4 )

“budget share” means a budget share allocated in accordance with section 45(1) of the School Standards and Framework Act 1998 ( 5 )

[^F2 “child arrangements order” means a child arrangements order as defined by section 8(1) of the Children Act 1989 which consists of, or includes, arrangements relating to either or both of the following (i) with whom the child is to live, and (ii) when the child is to live with any person; ^F2]

“commissioning local authority” means the local authority with responsibility for arranging the education provision being commissioned for the pupil;

[^F3 “ date of admission to the school ” means the date on which the pupil’s name is added to the school’s admission register; ^F3]

“exclusion start date” means the date set by the head teacher for the exclusion to take effect;

“learning aim” means a course of study leading to a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 ( 6 ) applies which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of that Act in respect of the qualification and which has been allocated a qualification number;

“level 3” means level 3 as determined by the Office of Qualifications and Examinations Regulation;

“looked-after child” means a person who, for the purposes of section 22(1) of the 1989 Act( 7 ) [^F4 or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014 ^F4] , is a child looked after by a local authority, and references to the local authority looking after the child are to be read accordingly;

“non-maintained special school” means a special school which is not maintained by a local authority and which is approved for the time being by the Secretary of State under section 342 of the 1996 Act( 8 );

“part-time” in relation to the attendance of a pupil means that the pupil attends fewer than ten school sessions in any week during which the school meets;

“permanently excluded” in relation to a pupil means permanently excluded on disciplinary grounds from the school to which a request is made under regulation 3 or 5;

“qualification number” means the number assigned to a pupil’s learning aim by the Office of Qualifications and Examinations Regulation;

“register” means the register of pupils kept under section 434 of the 1996 Act( 9 ) and refers to the admission register or attendance register kept in accordance with [^F5 the 2024 Regulations ^F5] as the case may require;

^F6...

“special educational needs provision type” means the type of special educational needs provision forming part of the graduated approach adopted pursuant to [[^F7,F8 the “Special educational needs and disability code of practice: 0 to 25 years” published on 29th January 2015 ^F8] under section 77 of the Children and Families Act 2014 ^F7] ;

“special school” has the meaning given by section 337 of the 1996 Act( 10 );

“special guardianship order” has the meaning given by section 14A(1) of the 1989 Act( 11 );

“top up funding” means funding paid to—

in order to meet the educational needs of a pupil.

^F9...

“unique learner number”, in relation to a registered pupil at a school, means the specific combination of numbers allocated to the pupil by [^F10 the Secretary of State ^F10] as that pupil’s unique learner number; and

“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to that pupil, by use of a formula determined by the Department for Education.

Provision of information by schools maintained by local authorities to their local authorities or to the Secretary of State_I3

3.—(1) For the purposes of section 537A(2)(b) of the 1996 Act, the local authority by which a school is maintained is prescribed as a relevant person.

(2) Within fourteen days of receiving a request from the local authority by which a school is maintained, or from the Secretary of State, the governing body of that school shall provide to the authority or, where so requested, to the Secretary of State, such of the information referred to in Schedule 1, and (where the request stipulates) in respect of such categories of pupils, or former pupils, as is so requested.

Provision of information relating to pupil referral units by local authorities to the Secretary of State_I4

4. Within fourteen days of receiving a request from the Secretary of State, a local authority shall provide to the Secretary of State such of the information referred to in Schedule 1 relating to each pupil referral unit maintained by the authority and (where the request stipulates) in respect of such categories of pupils, or former pupils, as is so requested.

Provision of information by non-maintained special schools and Academies to the Secretary of State_I5

5. Within fourteen days of receiving a request from the Secretary of State, the proprietor of a non-maintained special school or an Academy(12) shall provide to the Secretary of State such of the information referred to in Schedule 1 and (where the request stipulates) in respect of such categories of pupils, or former pupils, as is so requested.

[^F11Provision of information by schools

5A.—(1) This regulation applies to the appropriate person at—

(a)a school maintained by a local authority;

(b)a special school which is not maintained by a local authority and is not an Academy school;

(c)an Academy school;

(d)an alternative provision Academy,

that is not a nursery school.

(2) The appropriate person must provide to the Secretary of State, on request, by the date specified in the request, the information specified in Schedule 1A in relation to all registered pupils and in relation to such times as are specified in the request.

(3) The duty in paragraph (2) applies to pupils who are no longer registered pupils when the information is provided to the Secretary of State, where the information relates to the time during which the pupil was a registered pupil.

(4) The duty in paragraph (2) to provide information on request can be met by the school having an electronic management information system containing the required information that can be accessed at all times by the Secretary of State or someone on the Secretary of State’s behalf.

(5) In this regulation “ appropriate person ” means—

(a)in the case of a school maintained by a local authority, that is not a pupil referral unit, the governing body of the school;

(b)in the case of a pupil referral unit, the local authority maintaining the unit;

(c)in the case of a special school not maintained by a local authority, the proprietor;

(d)in the case of an Academy school, the proprietor;

(e)in the case of an alternative provision Academy, the proprietor.

(6) For the purposes of section 537A(8), where the Secretary of State has specified in the request a person to whom the information must be provided, the provision of information to that person is to be treated as compliance with the requirement to provide the information to the Secretary of State.^F11]

Revocations_I6

6. The Regulations specified in Schedule 2 are revoked.

Regulations 3 to 5

SCHEDULE 1 Provision of information about individual pupils

PART 1 All pupils on the register _{I7,I8,I9,I10,I11,I12,I13,I14,I15,I16,I17,I18,I19,I20,I21,I22}

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;

[^F12 (l) nationality;

(m) country of birth;

(n) proficiency in speaking, reading and writing in English.^F12]

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.[^F13—(1)^F13] Where a pupil has previously been a looked-after child[^F14 or has previously been in overseas state care^F14] , whether to the knowledge of the governing body or, where appropriate, the proprietor, that pupil is no longer looked-after [^F15or in overseas state care^F15] as a result of the making of one of the following orders—

(a) an adoption order;

(b) a special guardianship order or

(c) a [^F16child arrangements^F16] order,

and if so which of the above orders was made.

[^F17 (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. ^F17]

[^F18 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.^F18]

14. Whether pursuant to section 512(3) and 512ZB of the 1996 Act(13), the pupil has applied and been found eligible for free school meals.

[^F19 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 Act. ^F19]

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.

[^F20 16. For each pupil who is not a boarder—

(a) 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

[^F21 (b) the number of times each of the codes specified in regulation 10 of the 2024 Regulations is recorded against the pupil’s name in the school’s attendance register in relation to such periods.^F21,F20]]

^F2217. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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(14), or

(b) a person subject to service law by virtue of section 4(3)(a) of the Visiting Forces (British Commonwealth) Act 1933(15),

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( 16 )) 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( 17 ) (meaning of “parent”) does not apply to this paragraph.

[^F23Part 1A Pupils 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 2002 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 2006;

(c) is receiving education provision otherwise than at the school pursuant to section 19 of the 1996 Act; 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 2014.

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.^F23]

PART 2 Excluded pupils _{I23,I24,I25,I26,I27,I28,I29,I30}

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(18); 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 _I31,I32,I33

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.

[^F24 30.—(1) 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.

[^F25 (2) The number of times each of the codes specified in regulation 10 of the 2024 Regulations is recorded against the pupil’s name in the school’s attendance register in relation to such periods.^F25,F24]]

^F2631. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 Provision of information by schools with sixth forms about the learning aims of individual pupils _{I34,I35,I36,I37}

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 _I38,I39

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.

[^F27Part 6 Provision 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 maintain; 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. ^F27]

Regulation 5A

[^F28Schedule 1A Provision of information about individual pupils to the Secretary of State

1. The pupil’s—

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

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

(c) surname;

(d) date of birth;

(e) sex;

(f) date of admission to the school;

(g) ethnic group;

(h) first language;

(i) National Curriculum year group;

(j) (where applicable) date of leaving the school,

as at each time specified in the request.

2. The postcode of the home where the pupil normally resides or resided at each time specified in the request.

3. Whether the pupil has or had special educational needs at each time specified in the request, and if so, the primary and secondary type of those special educational needs and which special educational needs provision type is or was being made for them.

4. Whether the pupil has or had an EHC plan at each time specified in the request.

5. Whether pursuant to section 512(3) and 512ZB of the 1996 Act, the pupil has or had applied and been found eligible for free school meals at each time specified in the request.

6. Whether the pupil is or was, to the knowledge of the appropriate person, a looked-after child at each time specified in the request.

7. Whether the pupil has or had, to the knowledge of the appropriate person, previously been a looked-after child at each time specified in the request.

8. For each time specified in the request, which of the codes specified in regulation 10 of the 2024 Regulations is recorded against the pupil’s name in the school’s attendance register in relation to the relevant session.^F28]

Regulation 6

SCHEDULE 2 Revocations _I40