Regulation 9 codes - legal reasons for removing pupils from admission register

The Regulation 9 codes – referred to previously as the Regulation 8 codes in The Education (Pupil Registration) (England) Regulations 2006 – are the legal grounds on which schools can remove a pupil from their Admissions Register (school roll). The full details of the codes can be found in the Working together to improve school attendance guidance.

If the removal from roll is not covered by one of the Regulation 9 grounds it can reasonably be considered off-rolling. While this practice is not always unlawful it is always unacceptable. Off rolling is defined by Ofsted as:

‘the practice of removing a pupil from the school roll without using a permanent exclusion, when the removal is primarily in the best interests of the school, rather than the best interests of the pupil. This includes pressuring a parent to remove their child from the school roll.’

School must record which of the grounds below they are doing so upon when removing a pupil from the school roll (deleting them from the Admissions Register). This must be included when notifying the Local Authority of your intention to remove a pupil from your roll.

Deletion code

Regulation 9 ground for deletion

Simple explanation

9(1)(a)

Ground A - The pupil has been registered at another school

Child is now registered at another school (not as part of a dual roll agreement).

9(1)(b)

Ground B - The pupil has not continued at the school following completion of nursery education

Child is leaving your Nursery at the end of the academic year to start Reception class at another school in September or to begin education otherwise elsewhere.

9(1)(c)

Ground C – The pupil is also registered at one or more other schools and the other schools have agreed the deletion

Child was on dual roll at your school and another school. It has been agreed that child will now be on sole roll of the other school child was on dual roll of.

9(1)(d)

Ground D - The pupil has a school attendance order which has been changed to name another school

The pupil’s School Attendance Order has been changed and now names another school

9(1)(e)

Ground E - The pupil had a School Attendance Order which has been revoked

The pupil’s school attendance order named your school, but the order has now been revoked.

9(1)(f)

Ground F - The parent of a pupil has notified the school in writing that the pupil will be leaving the school to be educated otherwise than at a school

Child has been withdrawn to be home educated. Elective Home Education team must be informed using the forms Elective home education (EHE) off-rolling | Ealing Grid for Learning (egfl.org.uk)

9(1)(g)

Ground G - The pupil no longer normally lives a reasonable distance from the school

Child has moved too far to continue attending your school.

May also be used at the completion of the process to remove a pupil from roll who has been absent on extended, unauthorised leave if the school believe the pupil no longer lives within a reasonable distance (i.e. intends to stay abroad). *

9(1)(h)

Ground H - The pupil has not returned following a leave of absence

Can be used at the completion of the process to remove a pupil from roll who has been absent on extended, unauthorised leave if the school believe the pupil no longer lives within a reasonable distance (i.e. intends to stay abroad). *

9(1)(i)

Ground I - The pupil has been continually absent from school for 20 school days

Child has been reported to Local Authority as CME and enquiries have failed to locate child within 20 school days.

School must have agreement of CME Officer to use this code.

9(1)(j)

Ground J - The pupil is detained under a sentence of detention

Child is detained (in prison), and school has reasonable grounds to believe they will not return to your school when they are released. This cannot be used if the pupil is remanded to custody while awaiting trial or sentencing.

9(1)(k)

Ground K - The pupil has died

The pupil has passed away.

9(1)(l)

Ground L - The pupil will be over compulsory school age and will not continue into the sixth form

Child is leaving school as they are now over statutory school age (end of Year 11) and will not be staying to complete sixth form. Must be referred to Connexions if no plans are in place and will become NEET.

9(1)(m)

Ground M - The pupil is a boarder at a school maintained by a local authority or academy and their boarding fees have not been paid

Only applies to boarding school maintained by the Local Authority. Pupil can be removed from roll if their boarding fees have not been paid by the pupil’s parent/s by the end of the school term to which they apply.

9(1)(n)

Ground N - The pupil has ceased to be a pupil at an independent school or non-maintained special school

Only to be used by independent schools.

9(1)(o)

Ground O - The pupil has been permanently excluded from the school

Child has been permanently excluded. Local Authority Exclusion Team must be informed (Exclusions and suspensions | Ealing Grid for Learning (egfl.org.uk)

* Pupils can only be removed from roll at the completion of the extended, unauthorised absence abroad process with the agreement of the Local Authority. In Ealing this agreement can only be granted by the children missing education officer (or the attendance and CME lead in their absence) or the school’s link attendance officer in consultation with the children missing education officer.

Contact:
  • Children missing education, School attendance service: cme@ealing.gov.uk020 8825 5517
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Last updated: 09 Sep 2024

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