SI 2026/639 - The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2026

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STATUTORY INSTRUMENTS 2026 No. 639 EDUCATION, ENGLAND The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2026 Made - - - - 15th June 2026 Laid before Parliament 17th June 2026 Coming into force - - 1st September 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 537A(1) and 569(4) of the Education Act 1996(1).

Citation, commencement, extent and application

1.—(1) These Regulations may be cited as the Education (Information About Individual Pupils)

(England) (Amendment) Regulations 2026.

(2) They come into force on 1st September 2026.

(3) They extend to England and Wales but apply only in relation to schools in England.

Amendment of the Education (Information About Individual Pupils) (England) Regulations 2013

2. Schedule 1 to the Education (Information About Individual Pupils) (England) Regulations 2013(2) is amended in accordance with regulations 3 to 7.

Information about kinship care arrangements

3. After paragraph 13A insert— “13B.—(1) Where known, whether the pupil lives in kinship care arrangements and whether those arrangements are formal or informal.

(1) 1996 c. 56. Section 537A was substituted by the School Standards and Framework Act 1998 (c. 31), Schedule 30, paragraphs 57 and 153 and amended by S.I. 2010/1158 and 2012/976. There are no amendments to section 569 that are relevant to these Regulations.

(2) S.I. 2013/2094. Relevant amending instruments are S.I. 2014/2103 and S.I. 2022/599.Document Generated: 2026-06-17

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(2) In this paragraph, “kinship care arrangements” means arrangements whereby a child lives with and is cared for, whether for all of the time or for part of the time, by a relative, a friend, or another person connected to them, rather than by their parent.”.

Information about free school meals

4. For paragraph 14 substitute— “14.—(1) Whether pursuant to section 512(3) and 512ZB of the 1996 Act or other arrangements, the pupil has applied and been found eligible for free school meals.

(2) Where the pupil has applied and been found eligible for free school meals—

(a) the date of the eligibility check, and

(b) the statutory provision or details of other arrangements under which the pupil is eligible.”.

Information about free breakfast clubs

5. After paragraph 18 insert— “Part 1za Information about free breakfast club provision 18ZA. In the case of a relevant school, the information in paragraphs 18ZB to 18ZG in relation to each qualifying primary pupil for such period as is specified in the request for information.

18ZB. The total number of relevant school days on which free breakfast club provision was made available to the pupil by the appropriate authority of the school.

18ZC. The total number of relevant school days on which free breakfast club provision was not made available to the pupil by the appropriate authority of the school.

18ZD. The total number of relevant school days on which the pupil attended free breakfast club provision which was made available to the pupil by the appropriate authority of the school.

18ZE. The total number of relevant school days on which the pupil did not attend free breakfast club provision which was made available to the pupil by the appropriate authority of the school.

18ZF. For each relevant school day on which the pupil did not attend free breakfast club provision which was made available to the pupil by the appropriate authority of the school, the information about the pupil’s absence from the free breakfast club provision as recorded in the school’s information management system.

18ZG. For each relevant school day on which no free breakfast club provision was made available to the pupil by the appropriate authority of the school, the information about the reason for no free breakfast club provision being made available as recorded in the school’s information management system.

18ZH. In this Part— “the appropriate authority” and “relevant school” have the meanings given by

section 551B(6) of the 1996 Act; “breakfast club provision” has the meaning given by section 551B(2) of the 1996 Act;

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Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. “free breakfast club provision” means breakfast club provision which is made available free of charge;

“qualifying primary pupil” means a junior pupil who is, or as the case may be, was a registered pupil at the school during the period specified in the request for information and who—

(a) is of compulsory school age, or

(b) is not compulsory school age but is, or as the case may be, was in reception at the school; “reception” has the meaning given by section 551B(7) of the 1996 Act; “relevant school day” means a school day other than any school day on which—

(a) there is only one school session, and

(b) that session begins in the afternoon; “the school’s information management system” means any electronic system used by a school for recording a qualifying primary pupil’s attendance at, or absence from, a free breakfast club provision and any administrative information about the provision of free breakfast club provision by the appropriate authority of the school.”.

Information about managed moves.

6. After paragraph 18B insert— “Part 1B Pupils for whom managed moves have been arranged 18C.—(1) In respect of each pupil who has previously been on the register for whom a managed move to another educational institution took place during such period as is specified in the request for information, the information in paragraphs 18D to 18J.

(2) In this Part, a managed move to another educational institution takes place for a pupil when they cease to be a registered pupil at the school in the circumstances in sub-paragraph (3).

(3) The circumstances in this sub-paragraph are that—

(a) while the pupil was still a registered pupil at the school—

(i)it was agreed between the governing body or, where appropriate, the proprietor and a parent of the pupil that the pupil should be a pupil or student at the other educational institution instead, and

(ii)whether before or after that agreement, the governing body or, where appropriate, the proprietor secured, or helped a parent of the pupil to secure, the pupil’s admission to the other educational institution, and

(b) in accordance with the agreement mentioned in paragraph (a)(i) the pupil ceases to be a registered pupil at the school while becoming or remaining a pupil or student at the other educational institution.

18D. The pupil’s—

(a) gender;

(b) date of birth;

(c) unique pupil number, and, where the school has held a previous unique pupil number for that pupil, the previous number;

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(d) surname, and where the pupil has a former surname which is known to the governing body or, where appropriate, the proprietor, that former surname;

(e) first name or, if more than one, each first name; and

(f) date of admission to the school.

18E. Whether the pupil was part-time.

18F. Where the pupil had special educational needs, which special educational needs provision type was being made for him.

18G. Whether the pupil was, to the knowledge of the governing body or, where appropriate, the proprietor, a looked-after child.

18H. The date when the pupil’s name was deleted from the school’s admission register.

18I. The name of the other educational institution.

18J.—(1) Which one of the following statements about the pupil’s managed move to the other educational institution the governing body or, where appropriate, the proprietor considers most relevant—

(a) that, in the governing body’s or, where appropriate, the proprietor’s opinion—

(i)the pupil’s behaviour connected with the school formed a pattern of behaviour which was likely, if continued, to result in the pupil’s exclusion from the school, and

(ii)it was therefore in the pupil’s best interests to cease to be a pupil at the school and to be a pupil or student at the other educational institution instead;

(b) that it followed the cancellation of the pupil’s exclusion;

(c) that it occurred in consequence of a review of a requirement imposed on the pupil to attend the other educational institution for the purpose of receiving educational provision intended to improve the pupil’s behaviour.

(2) In relation to a maintained school, pupil referral unit, Academy school or alternative provision Academy, the reference in sub-paragraph (1)(b) to the cancellation of a pupil’s exclusion is a reference to the cancellation of the exclusion in accordance with regulation 8A, 17A or 26A of the 2012 Regulations.

(3) The requirement referred to in sub-paragraph (1)(c) is—

(a) in relation to a maintained school, a requirement imposed under section 29A(1) of the Education Act 2002(3);

(b) in relation to an Academy school or alternative provision Academy, a requirement imposed under that section as applied and modified by regulation 3 of the Education (Educational Provision for Improving Behaviour) (Application to Academies and Pupil Referral Units and Minor Amendments) Regulations 2026(4);

(c) in relation to a pupil referral unit, a requirement imposed under that section as applied and modified by regulation 6 of those Regulations.

(4) In this paragraph, “the 2012 Regulations” means the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012(5).”.

(3) 2002 c. 32. Section 29A was inserted by the Education and Skills Act 2008 (c. 25), section 154, and amended by the Children’s Wellbeing and Schools Act 2026 (c. 21), section 55(1).

(4) S.I. 2026/558.

(5) S.I. 2012/1033. Regulations 8A, 17A and 26A were inserted by S.I. 2023/571.

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Information about exclusions

7.—(1) For paragraph 19 substitute— “19. In respect of each pupil who has been excluded from the school (whether permanently or otherwise) and whose exclusion start date was during such period as is specified in the request for information, where that specified period falls within the twelve months preceding that request—

(a) the exclusion start date;

(b) the information in paragraphs 20 to 23 as it existed on the exclusion start date;

(c) where the pupil was not subsequently reinstated by the governing body or, where appropriate, the proprietor, the information in paragraphs 24 to 26 as it existed on the exclusion start date;

(d) the information in paragraphs 26A and 26B as it exists on the date specified in the request for information; and

(e) where the school is a maintained school, pupil referral unit, Academy school or alternative provision Academy, the information in paragraphs 26C to 26G as it exists on the date specified in the request for information.”.

(2) After paragraph 26 insert— “26A.—(1) Where the exclusion was cancelled—

(a) which one of the following statements about the cancellation the governing body or, where appropriate, the proprietor considers most relevant—

(i)the head teacher or, where appropriate, the principal cancelled the exclusion because they became aware of new information and decided, in light of that information, that the pupil should not be excluded;

(ii)immediately after the cancellation the pupil was required to attend a place outside the school premises for the purpose of receiving educational provision intended to improve the pupil’s behaviour;

(iii)the exclusion was cancelled in exceptional circumstances; and

(b) in the case of an exclusion that was cancelled after it began, the date when the head teacher or, where appropriate, the principal decided to cancel the exclusion.

(2) In relation to a maintained school, pupil referral unit, Academy school or alternative provision Academy, references in sub-paragraph (1) to the cancellation of an exclusion are references to the cancellation of the exclusion in accordance with regulation 8A(1), 17A(1) or 26A(1) of the 2012 Regulations, as appropriate.

26B.—(1) Where the relevant person made representations to the governing body or, where appropriate, the proprietor in relation to the exclusion, whether the governing body or proprietor considered or is considering those representations.

(2) In relation to a maintained school, pupil referral unit, Academy school or alternative provision Academy, sub-paragraph (1) applies only where the governing body or, where appropriate, the proprietor is not and was not required by regulation 6(2), 15(2) or 24(2) of the 2012 Regulations to consider whether the pupil should be reinstated.

26C. Where the governing body or, where appropriate, the proprietor is or was required by regulation 6(2), 15(2) or 24(2) of the 2012 Regulations to consider whether the pupil should be reinstated, but the local authority or, where appropriate, the proprietor is not and has not been required by regulation 7(1), 16(1) or 25(1) of those Regulations to make arrangements for a review, whether—

(a) the governing body or proprietor has not yet decided whether the pupil should be reinstated;

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(b) the governing body or proprietor decided that the pupil should be reinstated and the relevant person has not declined reinstatement but the pupil has not yet resumed attendance at the school;

(c) the governing body or proprietor decided that the pupil should be reinstated but the relevant person declined reinstatement;

(d) the governing body or proprietor decided that the pupil should be reinstated and the pupil resumed attendance at the school;

(e) the governing body or proprietor decided that the pupil should not be reinstated, the time for an application for a review has not yet expired, and the relevant person has not yet given notice in writing that they do not intend to apply for a review; or

(f) the governing body or proprietor decided that the pupil should not be reinstated and either the relevant person gave notice in writing that they do not intend to apply for a review or the time for an application for a review expired without any such application being made.

26D.—(1) Where the local authority or, where appropriate, the proprietor is or was required by regulation 7(1), 16(1) or 25(1) of the 2012 Regulations to make arrangements for a review, whether the relevant person made a written request for a SEN expert to be appointed for the review with, and at the same time as, their application for a review.

(2) In this paragraph “SEN expert” has the meaning given in regulation 2(1) of the 2012 Regulations.

26E. Where the local authority or, where appropriate, the proprietor is or was required by regulation 7(1), 16(1) or 25(1) of the 2012 Regulations to make arrangements for a review, whether—

(a) the review panel has not yet given written notice of its decision to the governing body or, where appropriate, the proprietor;

(b) the review panel upheld the governing body’s or proprietor’s decision that the pupil should not be reinstated;

(c) the review panel recommended that the governing body or proprietor reconsider the matter; or

(d) the review panel quashed the decision of the governing body or proprietor and directed it to reconsider the matter.

26F. Where a review panel recommended that the governing body or, where appropriate, the proprietor reconsider its decision that the pupil should not be reinstated, whether—

(a) the governing body or proprietor has not reconsidered its decision;

(b) the governing body or proprietor has decided that the pupil should not be reinstated;

(c) the governing body or proprietor has decided that the pupil should be reinstated and the relevant person has not declined reinstatement but the pupil has not yet resumed attendance at the school;

(d) the governing body or proprietor has decided that the pupil should be reinstated but the relevant person has declined reinstatement; or

(e) the governing body or proprietor has decided that the pupil should be reinstated and the pupil has resumed attendance at the school.

26G. Where a review panel directed the governing body or, where appropriate, the proprietor to reconsider its decision that the pupil should not be reinstated, whether—

(a) the governing body or proprietor has not reconsidered its decision;

(b) the governing body or proprietor has decided that the pupil should not be reinstated;

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(c) the governing body or proprietor has decided that the pupil should be reinstated and the relevant person has not declined reinstatement but the pupil has not yet resumed attendance at the school;

(d) the governing body or proprietor has decided that the pupil should be reinstated but the relevant person has declined reinstatement; or

(e) the governing body or proprietor has decided that the pupil should be reinstated and the pupil has resumed attendance at the school.

26H. In this Part— “the 2012 Regulations” has the meaning given in paragraph 18J(4); “relevant person”, in relation to a pupil, has the meaning given in regulation 2(1) of the 2012 Regulations; “review panel” has the meaning given in regulation 2(1) of the 2012 Regulations;

“the time for an application for a review” means the time specified in paragraph 2 of Schedule 1 to the 2012 Regulations.”.

Olivia Bailey Parliamentary Under-Secretary of State 15th June 2026 Department for Education 7Document Generated: 2026-06-17

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EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations amend the Education (Information About Individual Pupils) (England) Regulations 2013 (“the 2013 Regulations”).

Pursuant to regulations 3 to 5 of the 2013 Regulations, local authorities and governing bodies and proprietors of certain schools in England (maintained schools, pupil referral units, non-maintained special schools, Academy schools, and alternative provision Academies) are required to provide to the Secretary of State or other prescribed persons, within fourteen days of being requested, the information about individual pupils or former pupils referred to in Schedule 1 to the 2013 Regulations.

Regulation 3 of these Regulations inserts a new paragraph 13B into Schedule 1 to the 2013 Regulations to require the provision of information about pupils who live in kinship care arrangements.

Regulation 4 of these Regulations substitutes paragraph 14 of Schedule 1 to the 2013 Regulations, which requires the provision of information about pupils who are eligible for free school meals.

In addition to requiring schools to confirm whether a pupil is eligible for free school meals under

section 512(3) and 512ZB of the Education Act 1996, the substituted paragraph 14 requires schools to confirm whether a pupil is eligible for free school meals under other arrangements, the date of the eligibility check, and under which statutory provision or other arrangements the pupil is eligible.

Regulation 5 of these Regulations inserts a new Part 1ZA (consisting of paragraphs 18ZA to 18ZH) into Schedule 1 to the 2013 Regulations, which requires the provision of information about pupils receiving free breakfast club provision.

Regulation 6 of these Regulations amends Schedule 1 to the 2013 Regulations to require the provision of information about managed moves. A managed move occurs when a pupil’s parent agrees with the pupil’s school that the pupil should leave the school and attend another educational institution instead, and the school helps to arrange the move. In some cases the agreement happens before the move is arranged, while in others the pupil has already started attending the other institution and then the school and parent subsequently agree that the pupil should leave the school and only attend the other institution.

The new information about managed moves includes the date of the move, the name of the educational institution the pupil has moved to, and the circumstances of the move, as well as certain information about the pupil’s characteristics.

Regulation 7 of these Regulations amends Part 2 of Schedule 1 to the 2013 Regulations, which requires the provision of information about pupils who have been excluded (either permanently or temporarily). Prior to the amendments made by regulation 7, Part 2 of Schedule 1 did not apply where a pupil had been excluded and subsequently reinstated by a school. The amendments made by regulation 7 require the provision of additional information about pupils who have been excluded, including those who have subsequently been reinstated. They also require some information already listed in Part 2 to be provided in relation to pupils who have been reinstated.

The new information about exclusions includes the circumstances of an exclusion being cancelled (if it was) and the outcome of any process for the school or an independent review panel to consider whether the pupil should be reinstated. Some of this information is only required for certain types of schools which are subject to the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012.

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A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.

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