Question to the Department for Education:

To ask His Majesty's Government under which pieces of legislation schools are required to collect and submit identifiable pupil data to the Department for Education.

Education is a devolved matter, and the response outlines the information for England only.

The provision of information about individual pupils to the department is a statutory requirement on schools in England under section 537A of the Education Act 1996. Under those powers, the ‘Education (Information About Individual Pupils) (England) Regulations 2013’, as amended, detail the specific identifiable pupil data that must be returned. The Regulations can be found at: https://www.legislation.gov.uk/uksi/2013/2094/made. Together this provides the legislative basis for the school census.

Whilst it is not possible for a parent/guardian or an individual child to opt out of the school census collection, information on (1) ethnicity, (2) first language and (3) whether a child is the child of someone in the Armed Services, must always be as declared by the parent/guardian or the pupil where a pupil is deemed mature enough to have capacity to consent to sharing their personal data with others. When collecting the data items listed above from the parent/guardian or pupil, schools should ensure that they are made aware of their right to decline to provide these data items. Where they exercise this right, the information will be recorded on the school system as ‘refused’ and will not be transferred to the department as part of the school census.