PARLIAMENTARY WRITTEN QUESTION
Pupils: Nationality (27 October 2016)

To ask the Secretary of State for Education, with reference to her Department's training guide video for autumn 2016, whether schools do not need to obtain pupil or parental consent to share information on pupils' nationality collected through the school census; and whether those schools are protected from legal challenge about breaching a duty of confidence.

Asked by:
Mike Kane (Labour)

The submission of the School Census is a statutory requirement placed upon schools under Section 537A of the Education Act 1996. Schools therefore have a legal responsibility for collecting certain information, including pupil nationality, from parents which is to be provided to the Department for Education.

As the School Census is a legal requirement, schools do not need to obtain parental or pupil consent for the provision of School Census information to the Department and they are protected from legal challenge that they are breaching a duty of confidence to pupils.

Whilst the return of information via the School Census is a statutory requirement on schools, information on a pupil’s nationality must be recorded as declared by the parent / guardian or pupil. Parents are not obliged to provide nationality data to the school and are able to request that the school record the nationality as refused. This is clearly stated in the school census guide.

To address any uncertainties, I have placed an information note in the House Libraries.

Answered by:
Nick Gibb (Conservative)
10 November 2016