The School and Early Years Finance and Childcare (Provision of Information About Young Children) (Amendment) (England) Regulations 2024

Pupil numbers

13.—(1) In determining budget shares for primary and secondary schools, except in respect of nursery classes, a local authority must ascertain and take into account in its formula the number of pupils who, on 5th October 2023 (“ the relevant date”), were at those schools.

(2) For the purposes of paragraph (1), the number of pupils is A – B where—

(a) A is the total number of pupils at the school (excluding children in a nursery class) on the relevant date; and

(b) B is the number of pupils at the school on the relevant date in respect of whom a sixth form grant is payable.

(3) Where—

(a) there is or may be an increase to the published admission number relating to the school; or

(b) the school is subject to a prescribed alteration that may lead to an increase in the number of pupils at the school,

the authority may, instead of ascertaining pupil numbers on 5th October 2023, include an estimate of pupil numbers.

(4) A local authority must include in its formula a single per pupil amount for each of the pupils—

(a) in Reception and at key stages 1 and 2;

(b) at key stage 3; and

(c) at key stage 4.

(5) Where a primary school had more pupils in Reception on 19th January 2023 than on 6th October 2022, the local authority may take the number of additional pupils into account in its formula, and where it does so, this factor must be applied to all primary schools in the area.

(6) In this regulation, “published admission number” means the number of pupils in any relevant age group at the school determined by the admission authority in accordance with sections 88C and 88D of the 1998 Act(1).

(1)

Sections 88C and 88D of the 1998 Act were inserted by section 151(1) and (4) of the Education and Skills Act 2008 (c. 25). For the meaning of “admission authority”, see section 88(1) of the 1998 Act, which was amended by sections 54(1) and 64(1) and (2) of, and paragraph 10(1) and (3) of Schedule 13 to, the 2011 Act and S.I. 2010/1158.