Changes Pupil Registration Regulations 2016

Legal references on this page apply to England.

On September 1st 2016 the Department for Education amended the Education (Pupil Registration) (England) Regulations 2006 (described as "Improving information in identifying children missing education") This was announced on the last day of Parliament before the Summer recess. Click here to see how the Pupil Registration Regulations look after the changes.

NB schools are ALREADY required to notify the LA when a child is being taken out of school to be home educated, but this hasn't been happening with all types of school.

CHANGES APPLY TO ENGLAND ONLY. NEW Children Missing Education Guidance REFLECTS THE CHANGES, SEPTEMBER 2016

Changes From September 1st 2016

In 2015 Ofsted told the Government that when pupils left school at non-standard transition points., there was often no record of their destination, and drew attention to poor communication and coordination between schools and LAs on individual cases, raising concerns about children potentially being exposed to the risk of harm, exploitation or radicalisation.

Under the previous Pupil Registration Regulations, schools could lawfully delete a pupil’s name from the register under fifteen grounds but schools were only required to inform their LA when they are about to remove a pupil’s name under five of the fifteen grounds.

From September 1st 2016, schools (including independent schools) are required to:

  • inform their LA when they are about to delete a pupil’s name from the admission register under all fifteen grounds*
  • record details of the pupil’s residence, the name of the person with whom they will reside, the date from which they will reside there, and the name of the destination school (where they can reasonably obtain this information)
  • inform their LA of the pupil's destination school and home address if the pupil is moving to a new school
  • provide information to their LA when registering new pupils within five days, including the pupil's address and previous school (where they can reasonably obtain this information)

(DfE notes that it "was not clear what management information systems, if any, were being used in independent schools. The main change identified by LAs would be establishing processes and systems to receive data from some independent schools.")

Schools and local authorities will also have to co-operate in tracking children coming out of school.

Fifteen Grounds *

Grounds for deleting a pupil of compulsory school age from the school admission register set out in the Education (Pupil Registration) (England) Regulations 2006, as amended from September 2016. Reproduced from Annex in New CME guidance.

1
8(1)(a) - where the pupil is registered at the school in accordance with the requirements of a school attendance order, that another school is substituted by the local authority for that named in the order or the order is revoked by the local authority on the ground that arrangements have been made for the child to receive efficient full-time education suitable to his age, ability and aptitude otherwise than at school.

2
8(1)(b) - except where it has been agreed by the proprietor that the pupil should be registered at more than one school, in a case not falling within sub-paragraph (a) or regulation 9, that he has been registered as a pupil at another school.

3
8(1)(c) - where a pupil is registered at more than one school, and in a case not falling within sub-paragraph (j) or (m) or regulation 9, that he has ceased to attend the school and the proprietor of any other school at which he is registered has given consent to the deletion.

4
8(1)(d) - in a case not falling within sub-paragraph (a) of this paragraph, that he has ceased to attend the school and the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school.

5
8(1)(e) - except in the case of a boarder, that he has ceased to attend the school and no longer ordinarily resides at a place which is a reasonable distance from the school at which he is registered.

6
8(1)(f) - in the case of a pupil granted leave of absence in accordance with regulation 7(1A), that —
(i) the pupil has failed to attend the school within the ten school days immediately following the expiry of the period for which such leave was granted;
(ii) the proprietor does not have reasonable grounds to believe that the pupil is unable to attend the school by reason of sickness or any unavoidable cause; and
(iii) the proprietor and the local authority have failed, after jointly making reasonable enquiries, to ascertain where the pupil is.

7
8(1)(g) - that he is certified by the school medical officer as unlikely to be in a fit state of health to attend school before ceasing to be of compulsory school age, and neither he nor his parent has indicated to the school the intention to continue to attend the school after ceasing to be of compulsory school age.

8
8(1)(h) - that he has been continuously absent from the school for a period of not less than twenty school days and —
(i) at no time was his absence during that period authorised by the proprietor in accordance with regulation 6(2);
(ii) the proprietor does not have reasonable grounds to believe that the pupil is unable to attend the school by reason of sickness or any unavoidable cause; and
(iii) the proprietor of the school and the local authority have failed, after jointly making reasonable enquiries, to ascertain where the pupil is.

9
8(1)(i) - that he is detained in pursuance of a final order made by a court or of an order of recall made by a court or the Secretary of State, that order being for a period of not less than four months, and the proprietor does not have reasonable grounds to believe that the pupil will return to the school at the end of that period.

10
8(1)( j ) - that the pupil has died.

11
8(1)(k) - that the pupil will cease to be of compulsory school age before the school next meets and—
(i) the relevant person has indicated that the pupil will cease to attend the school; or
(ii) the pupil does not meet the academic entry requirements for admission to the school’s sixth form.

12
8(1)(l) - in the case of a pupil at a school other than a maintained school, an Academy, a city technology college or a city college for the technology of the arts, that he has ceased to be a pupil of the school.

13
8(1)(m) - that he has been permanently excluded from the school.

14
8(1)(n) - where the pupil has been admitted to the school to receive nursery education, that he has not on completing such education transferred to a reception, or higher, class at the school.

15
8(1)(o) where—
(i) the pupil is a boarder at a maintained school or an Academy;
(ii) charges for board and lodging are payable by the parent of the pupil; and
(iii) those charges remain unpaid by the pupil’s parent at the end of the school term to which they relate.


Additional Discretionary Powers

In addition, LAs will now have discretionary power to require the same information about standard transition points, ie when a child of compulsory school age begins school at the start of the first year or leaves school at the end of the final year.

78% of LA respondents said that they were likely to use the proposed discretionary power to request information at standard transition points. 10% of LAs highlighted that this could help identify vacant school places, particularly at standard transitions, which can then be allocated to those on waiting lists. One LA said that information at standard transition points could identify children who may be moving from schools to unregistered settings. The LA felt this measure would allow LAs to identify a cohort of pupils that otherwise may remain unknown to them.


Implementation

Over 60% of responding LAs acknowledged the need to take the lead and communicate to schools in their area about the new duties, offering training and support where necessary. A third of school respondents said that they already have the required pupil information in their Management Information Systems (MIS) and it would simply be a case of sharing it with their LA. Some LAs said that they already requested information about the removal of children from school rolls at non-standard transitions from maintained schools.

Review

The Department for Education says "The Government will monitor the impact of the Regulation changes and undertake a review before 1 September 2019. In particular, we will evaluate the extent to which the regulations are working as intended, and whether they have resulted in any unnecessary burdens."

Consultation Respondents

DfE received 130 responses to the recent consultation, 65% from local authorities and 15% from schools. The Children’s Society, the National Children’s Bureau, the NSPCC and the Association of Education Welfare Management also provided responses

Home Education Registration

Some LAs apparently raised concerns about the lack of registration of children who are home educated.

Illegal Schools

The Local Government Association (LGA) and the Association of Directors of Children's Services (ADCS) felt that the changes would help in identifying unregistered or illegal schools.

Co-ordination In-year Admissions

Some LAs expressed concern about the lack of coordination of in-year admissions, which they felt could result in some children missing education if they fail to secure a school place.

DfE points out that the government has already announced in the ‘Education Excellence Everywhere’ white paper (page 17) its intention to seek views on requiring local authorities to coordinate in-year admissions which it says "will ensure parents have a single point of contact for applying for school places, speed up the in-year admissions process, and reduce the risk of children falling through the gaps".

Illegal Offrolling

Four LAs considered that the new duties would be helpful in challenging a minority of schools in cases where children might have been taken off the school roll unlawfully.

Implementation

Over 60% of responding LAs acknowledged the need to take the lead and communicate to schools in their area about the new duties, offering training and support where necessary. A third of school respondents said that they already have the required pupil information in their Management Information Systems (MIS) and it would simply be a case of sharing it with their LA. Some LAs said that they already requested information about the removal of children from school rolls at non-standard transitions from maintained schools.


Sir Michael Wilshaw Letter

The initiative was prompted by this letter from Sir Michael Wilshaw, Ofsted which said: Her Majesty’s Inspectors (HMI) have become aware of potentially high numbers of pupils whose names are being deleted from school admissions registers without either the schools or the local authorities having an accurate understanding of where those pupils have gone.... While schools and local authorities were, in the main, complying with their statutory duties, HMI found:inconsistent practices for recording and reporting cases where children are removed from the school; poor communication and coordination between schools and local authorities on individual cases; and inadequate systems for identifying and tracking pupils who leave independent schools. More worryingly, HMI noted that the current regulations place no legal duty on schools to establish and record the onward destination of pupils who are deleted from an admissions register nor, in the majority of cases, do they require local authorities to check the whereabouts of these children. As a result, HMI found that schools often did not record a destination for pupils. In many cases, schools only noted very generic reasons for a pupil being removed from the register. Examples of this included ‘gone to live with grandparents’, ‘moved to Manchester’, ‘gone back to Libya’ or, in a number of cases, simply ‘moved abroad’. This makes it very difficult, if not impossible, for schools and local authorities to distinguish the minority of children who may be at risk from the majority who will be safe and receiving a suitable education in mainstream schools, registered independent schools or in their home. It is equally hard to see how local authorities can be certain they are fully meeting their legal duties to safeguard and promote the welfare of all children in their area and to ensure that those children are receiving suitable education. We cannot be sure that some of the children whose destinations are unknown are not being exposed to harm, exploitation or the influence of extremist ideologies. We do not know whether these children are ending up in unregistered provision...I believe that the regulations relating to in-year transfer, which date back to 2006, need to be urgently reviewed and considerably strengthened. They should take account of our heightened awareness of the risks that some young people face, such as female genital mutilation, forced marriage, child sexual exploitation and falling prey to radicalisation. It is vital that we have a much more accurate understanding of the whereabouts of children after they are deleted from an admissions register. There should be a requirement for headteachers to collect and record more detail about onward destinations. There should also be a clear requirement for schools to send these details to the local authority on a regular basis and to highlight any cases where they have been unable to obtain the necessary information. The regulations also need to be much more explicit about the action that local authorities should take if the onward destination data is uncertain."

Related Pages

Deregistration
Children Missing Education Guidance
Archived page on consultation as pdf here

Link Reference

This article is http://edyourself.org/articles/pupilregconsult.php. The following links to other websites are contained in the article, displayed as citations to aid you in printing the document.

  1. here http://www.legislation.gov.uk/uksi/2016/792/contents/made
  2. NEW Children Missing Education Guidance http://edyourself.org/articles/cme.php
  3. Deregistration http://edyourself.org/articles/deregistration.php
  4. Children Missing Education Guidance http://edyourself.org/articles/cme.php