Q. We have a student on roll who has been remanded in custody in a youth offending institution (YOI). Should we remove him from the school roll?

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A.   You can only remove a pupil from your school roll if one of the 15 criteria, set out in the Education (Pupil Registration) (England) Regulations 2006 (as amended), is met. 

Regulation 8 (i) relates to pupils who have been detained in custody and states that a pupil can be removed from roll when:

‘…he is detained in pursuance of a final order made by a court or of an order of recall made by a court or the Secretary of State, that order being for a period of not less than four months, and the proprietor does not have reasonable grounds to believe that the pupil will return to the school at the end of that period.’

Therefore, to satisfy these criteria:

  • the pupil must not be held on remand but must have received a final sentence
  • the period served must not be less than 4 months (noting that time served may be less than sentenced)
  • the pupil is not returning to the school post-sentence.

To enable you to understand the implications of a final sentence and the plans for a young person, you will need to liaise closely with the youth offending team. 

When it is not appropriate to remove a young person from roll, mark them in the register with a ‘B’ code, as they will be educated off-site (at the YOI) for the period of remand and sentence.

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Joanne Sierzega

Joanne Sierzega worked for almost 16 years in local authority education welfare. Since then she has established CSAWS (Central School Attendance and Welfare Services Ltd) with two partners. CSAWS comprises a team of education welfare officers who are committed to achieving better outcomes for children by securing regular attendance at school.

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