The School and Early Years Finance (England) Regulations 2013

Social deprivation

15.—(1) In determining budget shares for schools maintained by them (other than special schools, pupil referral units or nursery schools), a local authority must take into account in their formula a factor or factors based on the incidence of social deprivation in pupils at the schools maintained by them.

(2) The authority must base the incidence of social deprivation referred to in paragraph (1) on one or both of the following—

(a) a pupil’s eligibility for free school meals on 3rd October 2013 or a pupil’s eligibility for free school meals recorded in any school census between and including Summer 2007 and Spring 2013;

(b) a pupil’s IDACI score on 3rd October 2013,

and where it is based on an IDACI score the authority may use factors which differentiate between different IDACI bands.

(3) In determining budget shares pursuant to paragraph (1), the authority may take into account in their formula a single per pupil amount for each socially deprived pupil in reception classes and at key stage 1 and 2, and a single per pupil amount for each socially deprived pupil at key stage 3 and 4.

(4) In paragraph (3) a reference to a “socially deprived pupil” is to a pupil who has been determined as being such pursuant to paragraph (2).

(5) Other than in respect of two year olds, in determining—

(a) budget shares for maintained nursery schools;

(b) amounts to be allocated in respect of nursery classes in schools maintained by them;

(c) amounts to be allocated to relevant early years providers in their area;

(d) amounts to be allocated to exempt early years providers in their area; and

(e) amounts to be allocated in respect of community early years provision in schools maintained by them,

a local authority must take into account in their formula a factor or factors based on the incidence of social deprivation in pupils or children, and the determination of the incidence of social deprivation must be based on the characteristics of the pupils or children and not on the location of the school or provider.

(6) In respect of two year olds, in determining—

(a) budget shares for maintained nursery schools;

(b) amounts to be allocated in respect of nursery classes in schools maintained by them;

(c) amounts to be allocated to relevant early years providers in their area;

(d) amounts to be allocated to exempt early years providers in their area; and

(e) amounts to be allocated in respect of community early years provision in schools maintained by them,

a local authority may take into account in their formula a factor or factors based on the incidence of social deprivation in pupils or children, and the determination of the incidence of social deprivation must be based on the characteristics of the pupils or children and not on the location of the school or provider.