Education under 16
Should schools divulge information to immigration officials regarding pupils (or the families of pupils) on the school roll?
No. Section 129 of the Nationality, Immigration and Asylum Act 2002 places an obligation on local authorities[1] - not individual schools - to comply with a request from the Secretary of State to supply information in respect of a person where it is reasonably suspected that the person has committed specified immigration offences [2] and the person is, or has been, resident in the local authority's area. A local authority itself must comply with such a request from the Secretary of State. Neither the legislation nor the guidance provide for schools to divulge information directly.
In 2003, the Immigration & Nationality Directorate of the Home Office (now UKBA) issued guidance [3] to local authorities and housing authorities on dealing with requests for information under the legislation which sets out the steps the government expects local authorities to take in order to discharge their duty.
Requests purporting to be made under the legislation directed to individual schools by an immigration officer (or by a person purporting to be from the Immigration Service) should not be complied with as such requests are not covered by any provision of the statute or by the guidance issued by the Secretary of State. Where such a request is made directly to a school it is advised that:
- Where the information is requested by telephone or e-mail, the caller is informed that confidential pupil and family information is not divulged to telephone (or e-mail) callers.
- That the caller's name, position, organisation, contact details and time of call are noted and the matter is immediately referred to the head teacher.
- Where the information is requested by letter, that the letter is forwarded to the central point of contact in the Local Authority [4].
- Where the request is made directly to the head teacher, they should refer the caller or author of the letter to the central point of contact within the local authority. Where this is not known, the enquirer should be advised to call the LA's general enquiries number. The caller's name, position, organisation, contacts details and any information about the nature of the information sought should be formally reported to the Local Authority.
Contact the National Education Law Advice Line for free advice and information on all matters relating to education law on 0845 345 4345
Revised 25/01/08
Notes
[1] Section 129 came in to force on 30th July 2003. For the purposes of the legislation a local authority is defined (at s.129(3)) as: a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London and the Council of the Isles of Scilly.
[2] The specified offences - all under the Immigration Act 1971 (as amended) - relate to; illegal entry and similar offences - e.g. entry to the UK without leave (permission) or in breach of a deportation order, overstaying a period of 'limited leave', failing to observe a condition of leave (e.g. working without permission); deception - e.g. in obtaining or seeking leave to enter or remain in the UK or in seeking to avoid , postpone or revoke enforcement of removal or; general offences in connection with the administration of the '71 Act - e.g. making false representations, statements or returns to an immigration officer or altering any certificate of entitlement to entry clearance, permission to work or other document issued or made under the Act or possession of such a document known to be false.
[3] See: "Nationality, Immigration and Asylum Act 2002-Section 129: Disclosure of Information by Local Authorities to the Home Office Immigration and Nationality Directorate about Suspect Immigration Offenders. Guidance to Local Authorities and Housing Authorities."
[4] The guidance proposes that the Immigration Service's local enforcement offices (LEO's) direct requests for information under the legislation to the Local Authority fraud unit unless the requesting LEO makes alternative arrangements with particular authorities.
