The Financing of Maintained Schools (England) Regulations 2004

Pupil numbers

8.—(1) In determining budget shares for primary schools (but not maintained nursery schools), and secondary schools, a local education authority shall take into account in their formula the number of registered pupils at those schools on such date or dates as may be determined by the authority in accordance with regulation 9, weighted if the authority consider it appropriate in accordance with paragraph (6).

(2) For the purposes of paragraph (1), the number of registered pupils does not include any pupils—

(a) in places which the authority recognise as reserved for children with special educational needs;

(b) in nursery classes (except where the authority chooses not to exercise its discretion under regulation 11);

(c) in boarding accommodation at boarding schools other than special schools (in relation to the funding of boarding accommodation only);

(d) in respect of whom grant is payable to the authority by the LSC; or

(e) in classes in respect of which funding is allocated under regulation 12(3).

(3) A local education authority may in determining budget shares for special schools, maintained nursery schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, take into account in their formula the number of registered pupils at those special schools or maintained nursery schools or the number of pupils in those reserved places at primary or secondary schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (6).

(4) A local education authority may, in determining budget shares for primary schools, take into account in their formula the number of pupils at those primary schools funded under regulation 12(3) on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (6).

(5) Where a local education authority estimate the number of registered pupils at a school they must consult the head teacher of that school.

(6) A local education authority may weight pupil numbers according to any or all of the following factors—

(a) in respect of all pupils, including pupils under five—

(i) age, including weighting according to key stage or year group;

(ii) whether a pupil is provided with nursery education by a school;

(iii) special educational needs;

(iv) whether the pupil is attending a middle school;

(v) whether a pupil at a school is also attending an institution within the further education sector; and

(vi) whether the pupil is in a class in respect of which funding is allocated under regulation 12(3);

(b) in respect of pupils aged under five only—

(i) their exact age when admitted to the school;

(ii) whether they have been admitted to the school in excess of planned admission limits agreed with the authority; and

(iii) hours of attendance.

(7) A local education authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil following his permanent exclusion from another school maintained by a local education authority.