Office of Public Sector Information
Regulations 5, 6 and 7
1. In respect of each person who, during all or part of the census period or on the census date, is or has been employed or otherwise engaged to work at the school for a period of at least one month or will have completed such a period by the end of his contract, the following information.
2. The person’s—
(a) gender;
(b) date of birth;
(c) national insurance number;
(d) given name, family name and any former family name;
(e) ethnic group; and
(f) unique reference number assigned by or on behalf of the Department for Children, Schools and Families, where such a number is held.
3. The post held by the person and the role or roles the person carries out.
4. Whether the person has met the standards required for higher level teaching assistants published by the Secretary of State under paragraph 10 of Schedule 2 to the 2003 Regulations.
5. If known, where the person has a disability within the meaning of section 1(1) of the Disability Discrimination Act 1995(14).
6. In respect of the contract of employment or contract for services —
(a) the type of contract;
(b) the date when that contract started; and
(c) where applicable, the date on which that contract ended or is due to end.
7. Where the person is absent on the census date the fact of that absence.
8. In respect of each teacher or teaching assistant who, at any time during the census period or on the census date, was or is employed or otherwise was or is engaged to work for one month or more at the school or for the authority or will have completed such a period by the end of his contract, the following information.
9. Where that person has started on a contract of employment or contract for services since the previous census date or the end of the previous census period, details of his employment or otherwise immediately prior to that start.
10. In respect of the contract of employment or contract for services the hours and weeks stipulated in the contract.
11. Where that person was or is employed or engaged to work in a period of continuous employment, the date that period started.
12. Whether or not that person is a qualified teacher.
13. The remuneration including where applicable details of annual salary, the position of that salary on any relevant pay scale and whether any part of such is safeguarded, whether a daily rate of pay is payable and any additional payments as provided for by virtue of the Document or a code which conveys that information.
14. In respect of each subject taught by that person, the subject taught, the National Curriculum year group who are taught that subject by him and the amount of tuition he has provided or will have provided in that subject to that year group during the period of seven days starting on the Monday immediately prior to the census date.
15. Where that person holds a qualification which is of a higher level than A level, the type, subject or subjects of that qualification and whether it has been verified by his employer or the person to whom he is engaged to provide services.
16. In respect of a qualifying trainee who is undertaking a course of initial teacher training, the type of course or programme.
17. In respect of each occasion on which that person was absent at any time during the census period or on the census date—
(a) the reason for the absence; and
(b) for that period of absence, the first and, where applicable, the last day on which the person was absent and the number of working days lost.
18. Where that person’s contract of employment or contract for services terminated during the census period, the reason for that termination and where he has secured further employment, its location and type.
(This note is not part of these Regulations)
These Regulations, which apply to England, impose requirements on schools and children’s services authorities in England to supply information relating to qualifying workers or qualifying trainees (as defined). They replace the Education (Supply of Information about the School Workforce) (England) (Regulations) 2007 which are revoked by this instrument.
Regulation 5 requires the governing body of any maintained school, on receiving a written request from the authority by which the school is maintained, to supply such of the information referred to in Schedule 1 as may be requested to a children’s services authority (an “authority”), which is prescribed for this purpose (regulation 4). There is a similar duty in regulation 6 which requires authorities to supply to the Secretary of State information requested by him.
Regulation 7 imposes duties on the proprietor of any Academy, city technology college or city college for the technology of the arts, on receiving a written request from the Secretary of State, to supply such of the information referred to in Schedule 1 as may be requested.
Regulation 8 prescribes the persons to whom the Secretary of State, for the purposes of section 114(3) of the Act, is authorised to supply information. Such persons include schools, children’s services authorities and the General Teaching Council for England. The information may only be used for a qualifying purpose as specified in section 114(5) of the Education Act 2005.
Regulation 9 prescribes the persons to whom the Secretary of State, for the purposes of section 114(6) of the Act, is authorised to supply information.
Regulation 10 forbids the further disclosing of information by any person to whom information has been supplied under these Regulations, subject to the exceptions of where the information is supplied pursuant to a court order, or under a provision of an Act or statutory instrument, or a rule of law.
Regulation 11 allows the Secretary of State to make an order for enforcing the performance of a duty imposed upon an authority or person where it has failed in respect of that duty.
An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Children, Schools and Families, Great Smith Street, London SW1P 3BT and is annexed to the Explanatory Memorandum which is available alongside on the website of the Office of Public Sector Information, www.opsi.gov.uk..
The Education (Supply of Information About the School Workforce) (No.2) (England) Regulations 2007