Memorandum by the Department for Education
EDUCATION (INFORMATION ABOUT INDIVIDUAL PUPILS) (ENGLAND)
REGULATIONS 2000 (S.I. 2000/3370)
1. The Department for Education and Employment submits
this Memorandum in response to the request from the Committee
dated 5 July 2000 on the following points:
"(1) Regulation 4 requires
the governing body of any maintained school on receiving a request
from the local education authority by which the school is maintained
to supply such of the information referred to in the Schedule
as may be requested. Explain whether (as indicated in the Explanatory
Note) it is intended that the request must be in writing and,
if so, why this is not expressly stated".
2. In the vast majority of cases such requests will
be in writing but it was not intended that such requests must
be in writing and it is therefore not expressly stated that this
has to be the case. The Explanatory Note is misleading in suggesting
that the request must always be in writing and the Department
apologises for this error. In any case where there is a dispute
about the provision of information it is inconceivable that the
nature of the request will not have been set out in writing.
3. "(2) Ought not the words "the
following information" to have been included at the end of
paragraph 1 of Part II of the Schedule?"
4. As it is clear from regulation 4 that the governing
body shall provide to the local education authority such of the
information referred to in the Schedule as is so requested the
words "the following information" may be superfluous.
These words have however been included in paragraph 1 of Part
I of the Schedule and the two parts of the Schedule are therefore
inconsistent. The Department apologises for this inconsistency
and agrees that the words should have been included in Part II.
30 January 2001