Education Law Digest Spring Term 2026: Recent guidance

Settlement agreements

As our HR Protect clients will know, the Department for Education (“DfE”) has amended both the Academy Trust Handbook and the College Financial Handbook to introduce restriction on the use of confidentiality clauses in settlement agreements and COT3s.

The amendments mean that confidentiality clauses which are considered ‘novel, contentious or repercussive’ cannot be used unless the trust/college has obtained prior DfE approval.  Furthermore, they cannot prevent a person from making a public interest disclosure (also known as whistleblowing) or be used to stop the DfE from obtaining sufficient information for it to fully assess the payments under its regulatory role.

Graham Vials, head of education explains the changes in this article.

Updated curriculum

Professor Becky Francis has published her independent Curriculum and Assessment Review, which looked at what children aged 5 – 19 learn in schools and colleges in England.  The review found that improvement was required for children from disadvantaged backgrounds and for those with special education needs and disabilities. The review proposes that accessibility is built into the design of GCSEs, AS and A levels and that citizenship becomes a stronger part of the curriculum.

As part of the updated curriculum, primary school children will be educated on how to spot ‘fake news’ and the basics of money management whilst for secondary schools the computer science GCSE will be replaced with computing science.  A-level students will be able to obtain a qualification in AI and data science.  There will also be a focus on oracy (i.e. the ability to express thoughts and ideas fluently through speech) across primary and secondary schools.

The final curriculum will be published in spring 2027 and schools will start teaching it from September 2028.

V levels

From 2027, V levels will be introduced and will replace many existing qualifications.  Whilst A levels offer an academic route and T levels are a technical route with an industry placement, it is intended for T levels to be a vocational pathway which will enable pupils to explore different sectors before specialising.

There will be a Level 2 Occupational Pathway, broadly equivalent to GCSEs, for pupils aged 16 – 18 who want to progress straight into a skilled job or an apprenticeship and a Further Study Pathway for students who want to continue onto Level 3 courses such as A levels, T levels or V levels but who need more time to prepare.

A new qualification will also be introduced for those aged 16 – 19 who have not yet gained an English or maths GCSE at grade 4.

A consultation on how the pathways will work in practice will close on 12 January 2026.  You can add your views here: https://consult.education.gov.uk/technical-education-and-qualifications-reform/post-16-level-3-and-below-pathways/

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Support and intervention in schools: Updated guidance

In November 2025, the statutory guidance was updated to introduce new guidance for schools which have been in special measures for some time. Schools who have been rated as below ‘Good’ by Ofsted twice in a row will be paired with a multi-academy trust to support their improvement.  Previously, it was only schools that were rated as ‘Inadequate’ that received this support, but it will now be given to schools rated consecutively as ‘Requires Improvement’.

RSHE

In December 2025, minor tweaks were made to the Relationships, Sex and Health Education guidance.  The statutory guidance which will come into force in September 2026.

https://www.gov.uk/government/publications/relationships-education-relationships-and-sex-education-rse-and-health-education

Ones to watch:

Children’s Wellbeing and Schools Bill

The Children’s Wellbeing and Schools Bill is a wide-ranging bill which proposes to, amongst other things, support children in care, deal with branded uniforms, the remove the right to home education if a child is subject to a child protection plan and align academies and maintained schools.  It will also end the presumption that any new school will be an academy and will instead permit local authorities (and other providers) to open new maintained schools.  The bill is in its final stages of debate in the House of Lords and, subject to sufficient time being available in parliament, should become law in 2026.

Schools White Paper

The Secretary of State for Education has announced that the Schools White Paper will be produced shortly.  It is expected to focus on reforming the Special Educational Needs and Disabilities system.

To discuss any of the topics mentioned in this update, please contact our education specialists.