A training package for those working with school registers

1. School Registers and the Regulations A training package for those working with school registers

2. This package is designed as a resource for those helping schools, local authorities, parents and others to keep the statutory registers required under the Pupil Registration Regulations. It should be used in conjunction with both the regulations and the accompanying guidance. The regulations, guidance and this package must also be read within the context of schools’ role in ensuring the attendance, education and welfare of their pupils. Reference must be made to other legislation, guidance and advice on those areas.

3. Package will cover • The regulations; • Schools covered by the regulations; • Pupils covered by the regulations; • Admissions register; • Attendance registers; • Approved educational activities; • Unable to attend due to exceptional circumstances; • Authorised absence; • National attendance and absence codes; • Deletions from the registers; • Informing local authorities of deletions; • Providing information; • Keeping the registers; and • Further information

4. The Regulations STATUTORY INSTRUMENTS 2006 No. 1751 EDUCATION, ENGLAND The Education (Pupil Registration) (England) Regulations 2006 Made - - - - 1st July 2006 Laid before Parliament11th July 2006 Coming into force - - 1st September 2006 In exercise of the powers conferred by sections 434(1), (3) and (4), 551(1) and 569 of the Education Act 1996([1]), the Secretary of State for Education and Skills makes the following Regulations: Citation, commencement and application 1.—(1) These Regulations may be cited as the Education (Pupil Registration) (England) Regulations 2006 and come into force on 1st September 2006. (2)These Regulations apply only in relation to schools in England. Interpretation 2. In these Regulations — “the local education authority” means, in the case of a school maintained by a local education authority that local education authority, and in every other case the local education authority for the area in which the school is situated; “maintained school” means a school maintained by a local education authority; “relevant person” means — (a) in relation to a pupil under the age of 18, a parent of the pupil; (b) in relation to a pupil who has attained that age, the pupil. Revocation —(1) The Education (Pupil Registration) Regulations 1995([2]) and the Education (Pupil Registration) (Amendment) Regulations 1997([3]) are revoked to the extent that they apply in relation to schools in England. (2) The Education (Pupil Registration) (Amendment) (England) Regulations 2001([4]) are revoked. ([1]) 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 provisions are exercisable by the Secretary of State only in relation to England. For the definition of “prescribed” and “regulations” see section 579(1). ([2]) S.I. 1995/2089, amended by S.I. 1997/2624 and 2001/2802. ([3]) S.I. 1997/2624 ([4]) S.I. 2001/2802. • All schools in England must keep registers in accordance with the Education (Pupil Registration) (England) Regulations 2006: • available at www.opsi.gov.uk/legislation; • along with the explanatory memorandum. • Guidance is available at www.dfes.gov.uk/schoolattendance • This package and the guidance are not substitutes for the regulations.

5. The Individual Regulations Number Name 4 Registers to be kept. 5 Contents of the admissions Register. 6 Contents of the Attendance Register. 7 Leave of Absence. 8 Deletions from the Admissions Register. 9 Dual Registration of children with no fixed abode. 10 Inspection of the registers. 11 Extracts from the registers. 12 Returns. 13 Method of making of entries. 14 Preservation of the registers. 15 Use of computers.

6. Schools covered by the Regulations • Regulations about leave of absence apply to special schools and maintained schools in England. • Regulations about admissions registers apply to all schools in England that have day pupils - • Schools with only boarders are neither required to nor prevented from keeping attendance registers. • The rest of the Education (Pupil Registration) (England) Regulations 2006 apply to all schools in England. • Extended schools activities are covered by separate legislation and guidance and not included in either the attendance register or attendance statistics

7. Pupils covered by the Regulations • Every pupil at the school - • Education Act 1996, Section 434(1). • Full-time. • Part-time. • Flexi-schooled. • Permanent. • Temporary. • So called “guest pupils”. • Only exception is one-off events such as careers days and seminars. • From day first expected by school.

8. Admissions Register • The regulation has not changed since 1995. • Schools must record the following information: • pupil’s full name; • pupil’s gender; • name and address of every parent/carer; • emergency contact details of at least one parent/carer; • name of parent/carer that the pupil normally lives with; • pupil’s date of birth; • date the pupil was last admitted to the school; and • name and address of the pupil’s previous school.

9. Attendance Registers • Only record attendance if the school is open. • For every pupil record whether (during the session in question): • present; • absent; • present at approved educational activity; or • unable to attend due to exceptional circumstance (defined in the regulations). • For every compulsory school-age pupil must record whether the absence is authorised or unauthorised. • There is no “Not required to attend” category in either 2006 regulations or those they replaced. • Record absence as unauthorised until the reason for the absence is known. • Taken at start of morning session and during afternoon session. • Use the national codes.

10. Approved Educational Activity • All children present at another school or at off-site provision; • including Traveller’s Children. • Work Experience; • Years 10 and 11 only. • Sporting Activities; • must be taking part • not following the local team. • Supervised distance and electronic learning; • with proof work was done by the pupil during session in question. • Not: • study leave; • pupil planning days; or • activities outside the normal school day.

11. Unable to attend due to exceptional circumstances (enforced closure) • 2 circumstances: • site failure, e.g. boiler breaks down, flooding; • LA/School arranged transport failure; • pupils who walk must still attend. • Closed to all pupils. • Closed to some pupils; • e.g. the flood affects one building and rest of school continues as normal. • If closure happens after register taken do not change the register.

12. Authorised Absence • Illness. • Transport not provided. • Religious observance. • Unavoidable Cause. • Leave of absence: • compassionate reasons; • employment within legal restrictions on • child employment; • approving leave of absence. • family holidays: • up to 10 days for special reasons; • more than 10 days for exceptional reasons; • at head teacher’s discretion; • Traveller’s children. • Part-time Timetables.

13. National Attendance and Absence Codes • List of codes and guidance on using them is available at www.dfes.gov.uk/schoolattendance. • Automatically divide attendance and absence into following statistical categories: • present; • present at approved educational activity; • Aggregates with “present” in national statistics; • authorised absence; • unauthorised absence; and • not counted in possible attendances. • Links to School Census: • automatic data compilation if electronic register is linked to the School Census system.

14. Deletions from the registers • Schools can only delete pupils from the admissions register in the circumstances prescribed in the regulations • Schools can only delete pupils from the attendance register when they are deleted from the admissions register. • Regulations cover: • deletion of compulsory school-age pupils; • deletion of pupils at special schools; • deletion of non-compulsory school-age pupils; and • informing local authorities of deletions.

15. Local authority approval of deletions • School Attendance Order in place: • order must be revoked or amended before the deletion takes place; • normally done by local authority that made the Order; • Secretary of State can direct that this be done; • Courts can direct that the Order ceases to be in force. • Authority has arranged for the pupil to attend a special school: • local authority must agree to deletion; • Secretary of State can direct local authority agree. • Local Authority approval is not needed in any other circumstances but: • can intervene in maintained schools to enforce the regulations; • must have completed enquiries to locate the pupil in some circumstances; • Schools and local authorities must have policies that are in line with the regulations.

16. Deleting Compulsory School-age Pupils • Schools can only delete compulsory school-age pupils the circumstances set out in regulation 8. • Must have regard to the legislation and guidance about the following areas: • pupils with medical needs; • pupils in custody; • schools and local authorities to try to find pupils; • restriction on deleting dual registered pupils – • Traveller’s; and • settled community; • excluding pupils.

17. Compulsory School-age Pupils with Medical Needs • Schools and local authorities must follow the statutory guidance on children with medical needs: • reference DfES/0732/2001; • available at www.teachernet.gov. • Pupils with medical needs can only be deleted if: • school medical officer certifies that the pupil is unlikely to return to school before reaching non-compulsory school-age; and • pupil has not told the school he/she intends to return after doing so – • or the pupil’s parent(s).

18. Compulsory School-age Pupils in Custody • Schools cannot delete pupils who are: • remanded in custody; • serving on non-custodial sentence; or • serving a custodial sentence of less than 4 months. • can mark pupil as present at approved educational activity • if the pupil was present at the activity during the session. • Schools can delete pupils serving a sentence of 4 months or more - • can choose not to if believe pupil is likely to return; • the decision rests with the school.

19. Requirement to locate pupils • Schools can delete compulsory school-age pupils if: • pupil fails to return from extended leave of absence • within 10 school days; and • without good reason; • pupil has 20 days continuous unauthorised absence • must inform local authority of 10 days continuous unauthorised absence; • should contact authority earlier if cause for concern. • School and local authority must make reasonable enquiry to locate the pupil: • cannot delete pupil until both enquiries have been completed; • deal with the issues and reasons for the absence if pupil located.

20. Deleting Dual Registered Pupils • Normal restrictions on deletions apply. • Consultation: • 2 of the schools must agree to the deletion from one; • unless pupil has been permanently excluded; • important pupil is not left without a school place. • Travellers’ Children: • can’t delete from the base school; • can delete from other schools; • School ceases to be base school if: • pupil has never attended for 18 months; • another school becomes the base school.

21. Deleting Permanently Excluded Pupils • Schools can delete permanently excluded pupils but if: • the proprietor has discharged its duties; and • the relevant person has stated in writing that he does not intend to bring an appeal under those regulations; • the time for bringing an appeal has expired and no appeal has been brought within that time; or • an appeal brought within that time has been determined or abandoned. • This applies to compulsory and non-compulsory school-age pupils.

22. Deleting Non-compulsory School-age Pupils • Non-compulsory school-age pupils can only be deleted if they: • have left the school; • have built up 20 school-days continuous unauthorised absence; • have died; • have been permanently excluded; or • are not transferring from the Nursery to the Reception class.

23. Informing the LA of deletions • Schools must inform their LA of the following deletions as soon as they become aware of their possibility: • permanent exclusion; • moving away from the area and is not known to have a place at a new school; • medical condition preventing their return; • leaving the school and is not known to have registered at another school; and • leaving the school to be home educated. • Good practice to copy the notice to parents. • Allow time for notice reach local authority. • Do not wait for local authority to acknowledge notice: • local authority approval is not needed.

24. Providing other Information • Inspections of registers: • of a maintained school by local authority officer; • of any school by Ofsted inspectors; • either can take extracts of the registers. • About absence to the local authority: • continuous unauthorised absence of 10 days or more; • failure to attend regularly. • Data Protection Act 1998: • allows information to be shared; • allows inspection of registers; • See Schedule 3 (paragraph 7) of the Act.

25. Keeping the Registers • Manual Registers • still permitted. • Electronic Registers • not mandatory to have lesson monitoring • Amending the Registers: • to correct an error; • to note a change of details • when explanation is received for a pupil’s absence. • Storing the Registers: • can use electronic storage methods; • must be secure; • stored for three years after last entry.

26. Further Information • School day and school year regulations • Pupil information regulations • Exclusions statutory guidance • School Leaving Date Order • Absence codes guidance • “Access to Education for children and young people with Medical needs” statutory guidance • Children missing from education guidance • www.teachernet.gov.uk • www.dfes.gov.uk/schoolattendance • www.opsi.gov.uk/legislation