Verdict
No. The census is a statutory return under section 537A of the Education Act 1996, and DfE says in terms that this means schools do not need parental or pupil consent, and are protected from any claim that returning the data breaches a duty of confidence. Every pupil element is mandatory unless the specification says it is voluntary. A parent’s objection does not take their child out of the return.
What the source actually says
Under “Statutory requirement”:
“The submission of the school census returns, including named pupil records, is a statutory requirement on schools under section 537A of the Education Act 1996, the Education (Information About Individual Pupils) (England) Regulations 2013 (the 2013 Regulations), and Section 99 of the Childcare Act 2006 (CA 2006) and the Childcare (Provision of Information About Young Children) (England) Regulations 2009 (2009 Regulations).”
The same section then spells out what that status buys the school. A statutory requirement:
“means that schools do not need to obtain parental or pupil consent to the provision of information”
“ensures schools are protected from legal challenge that they are breaching a duty of confidence to pupils”
“means that all pupil census elements are mandatory unless specifically stated to be voluntary”
— School census 2026 to 2027: technical information, DfE, published 28 July 2026, section 1.2.1 “Statutory requirement” DfE
Two limits sit inside the same collection, and both are real. Some items are the voluntary exception the fourth bullet contemplates — the unique property reference number is described as “a voluntary data item that you may choose to return”. And on data passed to youth support services, the data items guidance gives a right to object:
“Parents – or pupils themselves, if aged 16 or over – have the right to object to any information (over and above name, address and date of birth) being shared with the local authority or provider of youth support services.”
“As part of a school’s privacy notice, you must advise parents and pupils of their right to object.”
— Data items 2026 to 2027, DfE, published 28 July 2026, “Unique property reference number” and “Youth support services agreement” sections DfE
So: no consent is needed to make the return, and a separate objection right exists over what is then shared onward with youth support services. The two are not the same thing.
Your school may still require it
Your school can still require you to gather, check or enter census data on its own timetable, and can ask you to explain the return to a worried parent. What it cannot do is treat a parent’s refusal as a reason to leave a pupil out — that decision is not the school’s to make.
See also Do I have to chase families who won't give ethnicity or first language? and How often do I have to collect and record pupil data?.