Local authority statutory duty to monitor and track children missing in education.
Since February 2007, under section 436A (inserted before section 437 in Chapter 2, Part 6 of the Education Act 1996 (School Attendance) by the Education and Inspection Act 2006) the local authority has a statutory duty to monitor and track children missing in education.
Schools are permitted to remove compulsory-school-aged children from roll on the limited grounds set out in regulation 8 of the Education (Pupil Registration) (England) Regulations 2006 as amended by the Education (Pupil Registration) (England) (Amendment) Regulations 2016.
Removing a child from the school roll is a very important decision. Children who fall out of the education system are likely to have poor outcomes and may be exposed to increased risk of harm. Schools must follow correct procedures to ensure that they do not breach their legal and safeguarding duties.
Pupils must not be removed from the school roll without authorisation from the headteacher or other designated person.
Effective information sharing between parents, schools and local authorities is critical to ensuring that all children of compulsory school age are safe and receiving a suitable education. Where there is concern for a child’s welfare, this should be referred to Derbyshire’s Social Care department via Starting Point. If there is reason to suspect a crime has been committed, the police should also be involved. Where there is a concern that a child’s safety or wellbeing is at risk, it is essential to take action without delay.
All schools (including academies and independent schools) must notify their local authority when they are about to remove a pupil's name from the school admission register under any of the fifteen grounds listed in the 2006 regulations (as amended). This duty does not apply when a pupil's name is removed from the admission register at standard transition points - when the pupil has completed the final year of education normally provided by that school unless the local authority requests that such returns are to be made.
Schools must make reasonable enquiries to establish the whereabouts of the child jointly with the CME officer, before deleting the pupil's name from the register if the deletion is under regulation 8(1), sub-paragraphs (f)(iii) and (h)(iii).
Removal from roll outside normal transition periods
In August 2017 the Department for Education (DfE) Guidance Common Transfer File added two new types of partial Common Transfer file (CTF) to help schools meet the new obligations placed on them by the Pupil Registration regulations and the DfE guidance for Children Missing Education.
It is very important for schools to complete these notifications at the earliest opportunity prior to the deletion or within five days of adding the pupil’s name to the admissions register.
Child Missing Leaver form (CML) should be completed for one of the 15 prescribed grounds of removal.
Child Missing Joiner form (CMJ) should be used when a pupil joins the school outside the normal transfer phase.
All schools must notify the local authority within five days of adding a pupil's name to the admission register at a non-standard transition point. The notification must include all the details contained in the admission register for the new pupil.
This duty does not apply when a pupil's name is entered in the admission register at a standard transition point or at the start of the first year of education normally provided by that school - unless the local authority requests that such returns are to be made.
Creating CMJ and CML files in RM Integris
Guidance on how to create CMJ and CML files in RM Integris is available on the RM Integris training section of S4S.
Common Transfer Files will continue to be forwarded to the new school or the Lost Pupil Database as appropriate.
Please note when the child moves abroad, the CTF should be marked MMMMMMM. This also applies to Scotland and Northern Ireland.