Management Information Sheet
Amendment to the Education (Pupil Registration) (England) Regulations 2006
Following last winter's heavy snow which affected many schools, who were either forced to close or struggled to stay open but with many pupils absent as they were unable to get to school and the large-scale disruption of air travel, such as that caused by volcanic ash. We would like to bring to your attention an important amendment to the regulations which is due to come info force on 1 September 2010.
As the regulations previously stood, where a school closed for an unavoidable reason, such as adverse weather conditions or flooding, pupils' absence was not counted in the statistics, as set out in regulation 6(5)(a). However, where a school remained open, any pupil who was not able to get to school due to disruption to travel was counted as absent - with the absence showing against the school's statistics. The only exception to this was for pupils living beyond the statutory walking distances where transport to school that was provided by the school or local authority was not available, as set out in regulation 6(5)(b).
This exception was very restrictive so an amendment has been made to the pupil registration regulations to add a new exceptional circumstance in which a pupil may be marked as unable to attend on the school attendance register. The amendment is intended to capture circumstances in which pupils are unable get to school because of serious disruption to travel caused by:
Once the Education (Pupil Registration) (England) (Amendment) Regulations 2010 come into force, regulation 6(5) will read as follows:
(5) The exceptional circumstances in which a pupil may be marked as unable to attend are where-
The amendment sets out the circumstances which would justify schools' use of the relevant attendance code (Y code), without itemising every conceivable kind of emergency that would count as exceptional circumstances. Headteachers should use their discretion about when to apply the Y code, while exercising that judgment within the parameters of the amended regulation.
As the regulations previously stood, where a school closed for an unavoidable reason, such as adverse weather conditions or flooding, pupils' absence was not counted in the statistics, as set out in regulation 6(5)(a). However, where a school remained open, any pupil who was not able to get to school due to disruption to travel was counted as absent - with the absence showing against the school's statistics. The only exception to this was for pupils living beyond the statutory walking distances where transport to school that was provided by the school or local authority was not available, as set out in regulation 6(5)(b).
This exception was very restrictive so an amendment has been made to the pupil registration regulations to add a new exceptional circumstance in which a pupil may be marked as unable to attend on the school attendance register. The amendment is intended to capture circumstances in which pupils are unable get to school because of serious disruption to travel caused by:
| a weather-related emergency, such as snow or flooding | a natural disaster, such as the impact on air travel of a volcanic eruption | a health-related emergency, such as restrictions on travel in certain areas related to a foot and mouth outbreak | travel disruption caused by the rationing or non-availability of fuel. |
Once the Education (Pupil Registration) (England) (Amendment) Regulations 2010 come into force, regulation 6(5) will read as follows:
(5) The exceptional circumstances in which a pupil may be marked as unable to attend are where-
| (a) the school site, or part of it, is closed due to unavoidable cause at a time when pupils are due to attend; or | |
| (b) in the case of a pupil for whom transport to school is provided by the school or a local education authority, and whose home is not within walking distance of the school, that transport is not available. | |
| (c) a local or national emergency has resulted in widespread disruption to travel which has prevented the pupil from attending school. |
The amendment sets out the circumstances which would justify schools' use of the relevant attendance code (Y code), without itemising every conceivable kind of emergency that would count as exceptional circumstances. Headteachers should use their discretion about when to apply the Y code, while exercising that judgment within the parameters of the amended regulation.