We have received several enquires recently for removal from schools roll where a child is still resident in Shropshire but not attending, these cases are to be managed by the school and EWO as absence cases.
The golden rule is there must always be reasonable enquiries made before the CME referral and deletion of pupil's name is completed with guidance from the EWO.
What the DFE say:
The grounds for deleting a pupil’s name from an admissions register are set out in regulation 9 of the School Attendance (Pupil Registration) (England) Regulations 2024. Where one of the grounds for deleting a pupil’s name from the admission register is met, the pupil’s name must immediately be deleted.
The decision to delete a pupil’s name is for the individual school in line with the regulations. Schools must ensure all requirements under the relevant ground are met before the pupil’s name is deleted.
A school cannot under any circumstances retrospectively delete a pupil’s name from the admission register.
For grounds H and I (this is where a pupil has not returned within 10 school days following a leave of absence (holiday), or has been continually absent for 20 school days unauthorised), joint reasonable enquires between the school and local authority to locate the pupil and find out their circumstances are required before a pupil’s name can be deleted.
*Please note a child who is persistently absent doesn't fall into this category
When a pupil is located and their circumstances established, before their name is deleted, both parties must agree there are no reasonable grounds to believe the pupil will attend the school again. If it is agreed there is reason to believe the child will not attend the school again, local authorities should not expect schools to keep a child on their admissions register while they find an alternative school place for the child.
*Please note parental intention needs to be sort prior to an agreement by the LA to remove the name from the register.
For ground G, if a pupil no longer normally lives a reasonable distance from the school, and the school does not have reasonable grounds to believe the pupil will attend the school again, the pupil’s name must be deleted from the admission register even when a new school place has not yet been secured.
School’s must seek permission from the local authority in the following specific circumstance:
Deletion of pupil in a special school placed by a local authority
Under Regulation 9(2) of the 2024 Regulations, when a pupil of compulsory school age is registered at a special school under arrangements made by the local authority, the school must not delete the pupil’s name unless one of the following applies:
- The pupil’s name is deleted under Regulation 9(1)(d), (e), or (k)—for example, due to an amended or revoked school attendance order, death, or permanent exclusion;
- The local authority gives its consent to the deletion; or
- The local authority refuses consent but the Secretary of State directs that deletion may proceed .
In all other cases, including mainstream schools or situations covered by Regulation 9(1), the school itself may lawfully delete the pupil’s name once the relevant ground applies, with no need to obtain local authority consent.
When making a deletion return to the local authority, schools must provide the local authority with the following information from the admission register:
- the full name of the pupil
- current address
- the full name and address of any parent the pupil normally lives with
- at least one telephone number by which any parent the pupil normally lives with can be contacted in an emergency
- if applicable, the pupil’s future address, the full name and address of the parent who the pupil is going to live with, and the date the pupil will start living there
- if applicable, the name of the pupil’s new school and when the pupil began or will begin to attend
- the reason set out in regulation 9 under which the pupils name has been deleted
Looked-After Children sometimes move between schools and so for safeguarding reasons our approach (which is in line with national practice for Virtual Schools) is that the young person is expected to remain on roll at their school in the interim for safeguarding reasons until a new provision is arranged. The children’s whereabouts is known in this situation and sometimes they do need to return to their school (eg if arrangements for their new home falls through) so they would not be considered as being CME or needing to be deleted from the register until they go on roll with their new school, have confirmed S19 education or the VS Head is in agreement. This practice is in line with KCSIE where particular care should be taken for such pupils given their vulnerability. Shropshire Virtual School request they are contacted with any queries relating to individual situations with regard to this.
I attach for reference the definition of a ‘Child Missing in Education’ which is very clear and follows our approach and best practice in Shropshire.
Best Wishes
Jo Smith, Lead of Education Access Service
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