The Education (Pupil Information) (England) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with modifications the Education (Pupil Information) (England) Regulations 2000.

They make provision for the keeping of records about the academic achievements, the skills and abilities and the progress of pupils at schools maintained by local education authorities (other than nursery schools) and special schools not so maintained (regulation 4).

They make provision for the disclosure of educational records by the governing bodies of schools maintained by local education authorities (other than nursery schools) and special schools not so maintained (regulation 5).

They require the provision of information by governing bodies and head teachers of community, foundation or voluntary schools and community or foundation special schools other than such schools established in hospitals (“maintained schools”), primarily about the educational achievements of their pupils (regulations 6, 7 and 8).

They make provision for the transfer of information (“the common transfer file”) when a pupil moves from a maintained school to another school (whether or not a maintained school) (regulation 9).

The principal substantive changes in these Regulations are—

(a) the definition of “educational record” is revised to include the pupil’s personal education plan and any statement of special educational needs prepared by a local education authority which does not maintain the school attended or previously attended by the pupil (regulation 3);

(b) certain duties previously imposed on head teachers are transferred to governing bodies (regulations 4, 5 and 9);

(c) the disclosure of information contained in educational records, which could not be disclosed to the pupil himself under the Data Protection Act 1998 or in relation to which the pupil would have no right of access by virtue of any order made under section 38(1) of the Act, is prohibited (regulation 5(4));

(d) the results of NC tasks and NC tests taken by pupils at the end of the first key stage in the school year 2004/2005 and thereafter are no longer required to be reported to parents in pupil reports or transferred to other schools in the common transfer file (regulations 6 and 9);

(e) where pupils transfer to new schools in Scotland, Wales or Northern Ireland, the old schools will be required to transfer their records to those schools (regulation 9).