The Information as to Provision of Education (England) (Amendment) Regulations 2023

Interpretation 2

In these Regulations—

• “collection year” means—

  1. a

     the period of twelve months beginning with 1st January 2024, or

  2. b

     any subsequent period of twelve months beginning with 1st January;

• “early years provision” has the meaning given in section 20 of the Childcare Act 20063;

• “mainstream school” means—

  1. a

     a maintained school that is not a special school, or

  2. b

     an Academy school4 that is not a special school;

• “maintained school” means—

  1. a

     a community school, foundation school or voluntary school5, or

  2. b

     a community special school or foundation special school6;

• “pupil planning area” means a grouping of schools within the area of a local authority which is used by that local authority for the purpose of assessing current and future demand for school places;

• “resourced provision” means a unit in a mainstream school which is recognised by the local authority in whose area the school is located as specially organised for pupils7 with special educational needs who are to be taught mainly outside that unit;

• “special educational needs” has the meaning given in section 20(1) of the Children and Families Act 20148;

• “special educational needs unit” means a unit in a mainstream school which is recognised by the local authority in whose area the school is located as specially organised for pupils with special educational needs who are to be taught mainly inside that unit;

• “special school” has the meaning given in section 337 of the Education Act 19969.

Information about school capacity etc. to be provided to the Secretary of State by local authorities 3

1

A local authority must provide the Secretary of State each collection year with the information specified in Schedule 1 (school capacity etc. information) during the period beginning with the first Monday in June and ending on the last Friday in July.

2

The information must be provided using the COLLECT portal.

3

In paragraph (2), “the COLLECT portal” means the online facility known by that name and provided by the Secretary of State for submitting the information referred to in paragraph (1).

4

For the purposes of this regulation, a school or other educational institution which provides early years provision is to be treated as if it did not; and the provisions of Schedule 1 are to be interpreted accordingly.

Capital spend information to be provided to the Secretary of State by local authorities 3A

1

A local authority must provide the Secretary of State each collection year with the information specified in Schedule 1A (capital spend information) during the period beginning with the first Monday in April and ending on the last Friday in June.

2

The information must be provided using the Capital Spend Survey portal.

3

In paragraph (2) “the Capital Spend Survey portal” means the online facility known by that name and provided by the Secretary of State for submitting the information referred to in paragraph (1).

4

For the purposes of this regulation, a school which provides early years provision is to be treated as if it did not; and the provisions of Schedule 1A are to be interpreted accordingly.

Determination of capacity of a school etc. 5

For the purposes of Schedule 1, the capacity of each of the following are to be determined in accordance with the method of assessment provided in the guidance “Assessing the capacity of schools - guidance for local authorities and schools”, published by the Secretary of State on 3rd November 202310—

a

a school;

b

in relation to a school which provides both primary and secondary education, the part of the school which provides primary education and the part of the school which provides secondary education;

c

a year group in a school;

d

a special educational needs unit;

e

resourced provision.

Schedule 1School capacity etc. information

Regulation 3

1

1

The number of registered pupils, on the third Thursday in May in the collection year, in each mainstream school and special school located in the area of the local authority to which sub-paragraph (3) applies.

2

The number of registered pupils, on the third Thursday in May in the collection year, in each year group in each mainstream school and special school located in the area of the local authority to which sub-paragraph (3) applies.

3

This sub-paragraph applies to a mainstream school or special school which first admits pupils after the third Thursday in January in the collection year.

2

The capacity, on 1st May of the collection year, of—

a

each mainstream school and special school located in the area of the local authority which provides primary or secondary education (or both),

b

in relation to each mainstream school and special school which provides primary and secondary education—

i

the part of the school which provides primary education, and

ii

the part of the school which provides secondary education, and

c

in relation to each mainstream school located in the area of the local authority—

i

each year group in the school to which pupils are normally admitted,

ii

any special educational needs unit in the school, and

iii

any resourced provision at the school.

3

In relation to each mainstream school located in the area of the local authority, for each of the three school years11 starting with the school year beginning in the collection year, any planned increase or decrease in the capacity of each year group in the school.

4

1

In relation to each pupil planning area used by the local authority or, if none is used, the area of the local authority, forecasts of, for each of the five school years starting with the school year beginning in the collection year, the number of pupils in each year group for whom primary education will be provided at mainstream schools.

2

In relation to each pupil planning area used by the local authority or, if none is used, the area of the local authority, forecasts of, for each of the seven school years starting with the school year beginning in the collection year, the number of pupils in each year group for whom secondary education will be provided at mainstream schools.

5

1

In relation to the area of the local authority, forecasts of, for each of the four types of relevant setting and for each of the five school years starting with the school year beginning in the collection year, the number of pupils for whom, during some or all of that school year, primary education will be provided in that type of relevant setting while a relevant duty applies in respect of them.

2

In relation to the area of the local authority, forecasts of, for each of the four types of relevant setting and for each of the seven school years starting with the school year beginning in the collection year, the number of pupils for whom, during some or all of that school year, secondary education will be provided in that type of relevant setting while a relevant duty applies in respect of them.

3

In this paragraph—

a

the four types of relevant setting are—

i

resourced provision or a special educational needs unit;

ii

a special school;

iii

an independent school12 other than an alternative provision Academy13 that is an independent school;

iv

an educational institution, other than a mainstream school or a school falling within sub-paragraph (ii) or (iii), at which alternative provision is made;

b

“alternative provision” means educational provision for which a local authority has made arrangements under section 19 of the Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere: England)14;

c

“relevant duty” means a duty under any of sections 36(8) and 37(1)(a) and (b) of the Children and Families Act 2014 (duty of the local authority to secure an EHC needs assessment, to prepare an EHC plan and to maintain an EHC plan, respectively15).

6

1

A statement accompanying the forecasts referred to in paragraphs 4 and 5 which—

a

describes the methodology used to prepare each forecast,

b

summarises any changes to the methodology used to prepare each forecast since the previous collection year,

c

describes what, if any, assumptions were made about the following factors to prepare the forecasts—

i

migration;

ii

housing developments;

iii

the expected number of pupils from housing developments;

iv

cross-border movements of pupils between the area of the local authority and other local authority areas;

v

birth rates,

d

describes any other assumptions made to prepare the forecasts, and

e

provides information about—

i

the data sources used to provide the forecasts,

ii

the quality assurance arrangements for checking the forecasts, and

iii

the use, if any, of external organisations to provide the forecasts.

2

Where the collection year is the period of 12 months beginning with 1st January 2024—

a

the information referred to in sub-paragraph (1)(b) is required in relation to the forecasts referred to in paragraph 4 only, and

b

the reference to “the previous collection year” in sub-paragraph (1)(b) is to be read as a reference to “the year beginning with 1st January 2023”.

7

1

In relation to the area of the local authority, the trend in—

a

the number of pupils for whom primary education is provided in mainstream schools,

b

the number of pupils for whom secondary education is provided in mainstream schools, and

c

the number of pupils for whom special educational provision is provided.

2

To the extent necessary for an understanding of the trends referred to in sub-paragraph (1), information about the factors which are affecting, or are likely to affect, the numbers referred to in sub-paragraph (1).

3

In sub-paragraph (1), “special educational provision” has the meaning given in section 21(1) of the Children and Families Act 2014.

8

1

Information about the matters specified in sub-paragraph (2) in relation to—

a

any pupil planning area used by the local authority, or

b

if pupil planning areas are not used, any geographical area within the area of the local authority,

which is experiencing or is expected to experience a shortfall or excess of mainstream school places.

2

The matters are—

a

the extent of the shortfall or excess of places;

b

any factors specific to the area of the local authority which are contributing to the shortfall or excess of places;

c

the school or schools which are experiencing a shortfall or excess of places;

d

the actions which the local authority is taking to address the shortfall or excess of places;

e

where sub-paragraph (1)(a) applies, how circumstances relating to other pupil planning areas used by the local authority are contributing to or helping to resolve the shortfall or excess of places.

9

Where the local authority does not use planning areas, information about any geographical areas within the area of the local authority where the rate of growth or decline in the number of pupils is expected to be significantly different from the rate of growth or decline in the area of the local authority as a whole.

10

Any changes made to a pupil planning area within the area of the local authority since the previous collection year.

Schedule 1ACapital spend information

Regulation 3A

1

In relation to mainstream and special schools located within the area of the local authority, the following information about any project which was completed in the financial year16 ending on 31st March of the collection year and increased the capacity of one or more such schools—

a

each year group to which places were added;

b

the number of places added to any year group to which places were added;

c

whether the additional places referred to in sub-paragraph (b)—

i

were intended to be permanent additional places, or

ii

were added only in respect of the financial year to which the information relates;

d

how the additional places were accommodated;

e

the total cost of the accommodation provided;

f

the sources of funding used to pay for the accommodation provided;

g

the amount of funding from each such source.

2

1

Where the information provided in relation to paragraph 1(d) indicates that building works were undertaken to accommodate the additional places, the following information in relation to the project concerned—

a

the pupil planning area code for the building works;

b

the date on which the building works began;

c

the internal floor area in square metres covered by the completed building works;

d

the total cost of the project, including any abnormal costs;

e

for each of group elements 0 to 12 in RICS NRM 1 (so far as relevant), the cost of all the components of the project which fall within that group element, including any abnormal costs;

f

the sum total of any abnormal costs relating to the project;

g

the cost of any site acquisition.

2

In sub-paragraph (1)—

• “abnormal costs” has the meaning given in the document entitled “RICS NRM 3: Order of cost estimating and cost planning for building maintenance works”, published by the Royal Institution of Chartered Surveyors on 29th October 202117;

• “building works” has the meaning given in RICS NRM 1;

• “RICS NRM 1” means the document entitled “RICS NRM 1: Order of cost estimating and cost planning for capital building works”, published by the Royal Institution of Chartered Surveyors on 29th October 202118.