The Education (Information About Individual Pupils) (England) (Amendment) Regulations 2026

Published: Wed 17th Jun 26

These Regulations amend the Education (Information About Individual Pupils) (England) Regulations 2013 to expand the scope of data that schools in England must provide to the Secretary of State.

The document directs maintained schools, Academy schools, pupil referral units, and non-maintained special schools to collect and report new information regarding pupils in kinship care, eligibility details for free school meals, and daily attendance records for free breakfast clubs.

Furthermore, it mandates the reporting of "managed moves"—where a pupil transfers institutions by agreement to avoid exclusion—and detailed tracking of the exclusion process, including cancellations and reinstatement decisions by governing bodies or review panels.

Arguments For

The document asserts that collecting data on kinship care will identify pupils living with relatives or friends rather than parents, distinguished by formal or informal arrangements.
Proponents within the Department for Education state that the expanded free school meal data requirements will provide clarity on the specific statutory provisions or alternative arrangements under which a pupil is eligible.
The legislation establishes a reporting framework for the new free breakfast club provision, enabling the tracking of availability and individual pupil attendance or absence.
The order claims that collecting data on managed moves will clarify the circumstances under which pupils transfer between institutions, specifically where it is agreed to be in the pupil's best interest due to behavioral patterns.
The amendments to exclusion reporting are intended to capture the entire lifecycle of an exclusion, including cases where a pupil is reinstated or where an exclusion is cancelled due to new information.

Arguments Against

Legal scholars may note that the requirement for schools to report whether a pupil lives in "informal" kinship care arrangements relies on school knowledge that may not be verified by official legal documentation.
Affected educational agencies might identify administrative burdens associated with recording and reporting daily attendance and reasons for absence specifically for free breakfast clubs.
Concerns may be raised regarding the subjective nature of reporting "managed moves," as the regulations require school proprietors to select the "most relevant" reason for a move based on their opinion of a pupil's behavior.
Privacy advocates could question the necessity of collecting detailed data on cancelled exclusions and the specific outcomes of independent review panels for individual pupils.
The document notes that no full impact assessment was produced, which could lead to criticism regarding the lack of formal evaluation of the regulatory burden on the voluntary or public sectors.

Citation, commencement, extent and application

-(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.

This section establishes the official title of the regulations and sets the commencement date for 1st September 2026.

It specifies that while the legal jurisdiction extends to both England and Wales, the requirements apply exclusively to schools located in England.

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

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

This provision identifies the 2013 Regulations as the primary legislation being modified.

It serves as the legal link that incorporates the subsequent changes into the existing regulatory framework for pupil information.

Information about kinship care arrangements

After paragraph 13A insert-

' 13B. -(1) Where known, whether the pupil lives in kinship care arrangements and whether those arrangements are formal or informal.

(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.'.

This section requires schools to report whether a pupil resides in a kinship care arrangement, provided the school has knowledge of such a setup.

It defines kinship care as a child being cared for by a relative, friend, or connected person instead of a parent, and requires the school to distinguish between formal and informal versions of these arrangements.

Information about free school meals

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.'.

This regulation updates the reporting requirements for free school meals to include the specific date an eligibility check was performed.

Schools must now also specify the exact legal provision or non-statutory arrangement that qualifies the pupil for these meals.

Information about free breakfast clubs

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;

'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.'.

This section introduces a new requirement for schools to provide detailed data on free breakfast clubs for primary-aged pupils, including those in reception.

It mandates the reporting of the number of days the provision was available, whether the pupil attended, and the specific reasons for any absences or days when the provision was unavailable, as recorded in the school's electronic management system.

Information about managed moves.

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;
(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;
(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;
(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.'.

This regulation defines 'managed moves' as transfers to another institution facilitated by the current school with parental agreement.

Schools are now required to report the identity and characteristics of pupils undergoing such moves, alongside a justification for the move, such as behavioral patterns likely to lead to exclusion or as a result of a behavioral improvement program.

Information about exclusions

-(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;
(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 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;
(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 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.'.

This section comprehensively expands the reporting of student exclusions to include those who are temporarily excluded or reinstated.

It directs schools to report the precise status of reinstatement processes, the involvement of Special Educational Needs (SEN) experts, and the specific decisions or directions issued by independent review panels regarding a pupil's return to the school.

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