Section 114: Supply of information about school workforce
231.This section enables regulations to require or authorise the proprietor of a school, a children’s services authority in England or Wales or any person prescribed in regulations to supply information (of a kind prescribed by regulations) to the Secretary of State, the Assembly or prescribed persons. The information will primarily be used for statistical analysis and research, but will also be shared between organisations which have an independent legal right to the information. Details of the categories of information and the format in which it will be expected to be supplied will be available in guidance to be placed on the internet. Examples of the type of data to be supplied are date of birth, ethnicity and pay details.
232.Subsections (1), (2) and (3) give the Secretary of State or the Assembly the power to make regulations that will allow or require certain data to be supplied to specified persons for a particular purpose or purposes. Subsection (2) sets out the persons to whom the data may be supplied. The persons about whom information may be collected are defined in detail in section 113.
233.Subsection (4) sets out the type of person who can be prescribed under subsections (1), (2) and (3). A person can only be required or authorised to supply data under subsection (1)(c) if he is carrying out functions of a public nature and he may only receive data under subsection (1) if he is carrying out such functions. In order for a third party to be prescribed under subsection (3) as a person to whom the Secretary of State or the Assembly can supply information, that third party must be carrying out functions of a public nature or carrying out research that is expected to be for the public benefit.
234.Subsection (5) describes the circumstances in which data will be shared and for what purpose. The effect of subsection (5) is that a person supplied with data under subsections (1) and (3) may only use the data for evaluation, planning, research or statistical purposes. Additional purposes may also be prescribed in regulations.
235.“Evaluation purposes” is intended to cover those situations where data are used internally by the organisation holding the data in order to formulate policy. For example, in relation to a policy to promote teacher retention in London schools by increasing pay, the database would be used to monitor whether this had been effective.
236.“Planning purposes” could cover the use of data to inform a teacher supply model, with the aim of ensuring that there are sufficient places available on relevant courses so that there are enough teachers with the right skills in schools.
237.“Research purposes” could cover a situation where researchers are studying the deployment of maths and science teachers in schools. At present researchers have to approach schools directly to find out who is teaching these subjects and what sort of qualifications they hold. The database would provide researchers with this information in advance to inform their research.
238.“Statistical purposes” covers situations where data are analysed and then statistics are produced and published in aggregate form.
239.Subsection (6) allows regulations to be made to enable data to be shared between organisations that are already lawfully allowed to hold or be supplied with that data. Examples of the use of subsection (6) are:
where a teacher moves to a new school and the school which the teacher has left should have passed information about that teacher to the new school but does not: the Department will to be able to supply that data to the new school;
where a teacher moves to teach in a different local education authority, and the new local education authority are missing some data items on that teacher, such as his date of birth: the Department will be able to send the data to the local education authority directly rather than the new authority having to ask the teacher to fill in the missing information; and
where partner organisations such as the General Teaching Council for England or Wales and Ofsted have existing powers to hold or be supplied with specified information on the school workforce, the Department will be able to supply that information directly to them.
240.Subsection (8) gives the Secretary of State and the Assembly the power to make regulations that will prevent persons from disclosing information with which they are supplied under this section. It also gives the Secretary of State and the Assembly the power to make regulations which will apply the Secretary of State’s general default powers under section 497 of the Education Act 1996 to specific bodies. This will allow the Secretary of State or the Assembly to make a declaration and issue directions when a body is failing to discharge its duty to supply information under subsection (1). Subsection (9) provides that this section does not override or limit existing powers to share information.
