Management Information Sheet

Changes coming into force on 1 September 2013 relating to the amendments to the 2006 Regulations in Education (Pupil Registration) (England) in the following areas:

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1. Term Time Holiday

The Education (Pupil Registration) (England) Regulations 2006 currently allow Headteachers to grant leave of absence for the purpose of a family holiday during term time in 'special circumstances' of up to ten school days leave per year. Headteachers can also grant extended leave for more than ten school days in exceptional circumstances.

Amendments to the 2006 regulations remove references to family holiday and extended leave as well as the statutory threshold of ten school days.

The amendments make it clear that Headteachers may not grant any leave of absence during term time unless there are exceptional circumstances. Headteachers should determine the number of school days a child can be away from school if the leave is granted.

2. Deleting a pupil from the admission register

The Education (Pupil Registration) (England) Regulations 2006 currently do not provide for a school to delete a pupil from the admission register where the pupil has ceased to be of compulsory school age and has failed to meet the academic requirements for entry to their sixth-form.

Amendments to the 2006 Regulations will allow this, bringing the regulations into line with the new School Admissions Code 2012 which allows schools to set academic requirements for entry into sixth form.

3. The Education (Penalty Notices, England Regulations 2007)

Amendments have been made to the 2007 Regulations in the Education (Penalty Notices) (England) (Amendment) Regulations 2013. These amendments, as described below, will come into force on 1 September 2013.

The 2007 regulations set out the procedures for issuing Penalty Notices to each parent who fails to ensure their children’s regular attendance at school or fails to ensure that their excluded child is not in a public place during the first five days of exclusion. Parents must pay £60 if they pay within 28 days or £120 if they pay within 42 days. Failure to pay results in the case being presented to the Magistrates’ Court, not for failure to pay but for the reason the Penalty Notice was issued.

Amendments to 2007 Regulations reduce the timescales for paying a Penalty Notice. Parents must, from 1 September 2013, pay £60 within 21 days or £120 within 28 days. This brings attendance Penalty Notices into line with other types of Penalty Notices and allows local authorities to act faster on prosecutions.