Education Law Digest – Summer term 2026: In legislation

Children’s Wellbeing and Schools Act 2026

The Children’s Wellbeing and Schools Act 2026 received Royal Assent on 29 April 2026, following scrutiny and amendments, including multiple rounds of “ping‑pong” between the House of Commons and the House of Lords. It represents one of the most wide‑ranging reforms to education law in recent years.

A number of provisions will be implemented on a phased basis, with some measures expected to come into force from September 2026 onwards, supported by further statutory guidance and secondary legislation.

The Act introduces reforms across multiple areas of education law, including:

1. Children not in school: Following the tragic death of Sara Sharif, the Act amends the Education Act 1996 to strengthen local authority oversight of children who are not receiving education at school. In certain prescribed circumstances, parents will be required to obtain local authority consent before withdrawing a child from school for elective home education. Local authorities will be placed under a duty to maintain a register of children not in school and will have enhanced powers to issue School Attendance Orders where they are not satisfied that suitable education is being provided. These provisions are intended to improve safeguarding and oversight, particularly where children may be vulnerable or missing education.
2. School places and admissions: New duties require schools and local authorities to co‑operate more closely on admissions and place planning. Local authorities will also gain powers to direct academy schools to admit pupils, aligning academies more closely with maintained schools in this area.
3. Establishment of new schools: The Act removes the automatic requirement for new schools to be established as academies. Instead, local authorities must invite and consider proposals for new schools, allowing a broader range of providers to meet local demand for school places.
4. Academies: Academy schools may be required to teach a National Curriculum pending secondary legislation, and new regulation‑making powers allow academy trusts to direct pupils off-site for behavioural reasons, bringing academy arrangements more closely into line with the maintained sector.
5. Employment of children: The Act amends the Children and Young Persons Act 1933 to introduce new restrictions on the employment of children in England. These include tighter limits on working hours, restrictions on permitted types of work, and a requirement for children to be employed only in accordance with a local authority‑issued child employment permit.
6. School uniforms: Limits are placed on the number of branded uniform items schools may require pupils to purchase, with the aim of reducing financial pressure on families.
7. Breakfast clubs: State‑funded primary schools will be required to secure the provision of free breakfast clubs, including at least 30 minutes of childcare before the school day and the provision of breakfast.

During its passage, several aspects of the Act were subject to significant debate, particularly in the House of Lords, including provisions relating to SEND, children’s access to online content and the regulation of mobile phone use in schools.

Taken as a whole, the Act represents a significant recalibration of the balance between parental choice, school autonomy and local authority oversight. For schools, academies and local authorities, the focus now shifts to implementation, with particular attention required in relation to commencement dates, secondary legislation and supporting guidance as these are rolled out.

Special Educational Needs Reform and the Schools White Paper

Major reform of the SEND system remains firmly on the Government’s agenda in 2026. In February, the DfE published its Schools White Paper, Every Child Achieving and Thriving, setting out proposals for wide‑ranging reform across schools and the SEND system. The proposals represent the most substantial potential shift in SEND policy since the introduction of Education, Health and Care Plans under the Children and Families Act 2014.

A central theme is the Government’s stated intention to address long‑term SEND pressures. The White Paper states that it will be backed by £200 million in funding to support a new training programme plus over £3.7 billion to create 60,000 specialist places in nurseries, schools and colleges and dedicated spaces in mainstream school which offer specialist teaching or targeted support for children with additional needs. There will also be an additional £7 billion in SEND support in 2028/29.

The White Paper seeks to introduce a legal duty on every school, nursery and college to create an Individual Support Plan (“ISP”) for every child with SEND. The ISP, which will not be introduced until 2020, will not replace the current Education, Health and Care Plans (“EHCP”) but EHCPs will only be required for children who need more support than is available than in mainstream schools. The change will not apply to children in special schools or to those who are currently 8 years of age or more who will keep their existing EHCP.

Many proposals remain subject to consultation and phased implementation, but schools and local authorities should anticipate continued reform throughout 2026 and beyond, particularly around mainstream inclusion, accountability and funding structures.

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Employment Rights Act 2025 and School Support Staff

The Employment Rights Act 2025 received Royal Assent on 18 December 2025 and introduces incredibly significant reforms to UK employment law. The Act is being implemented on a phased basis throughout 2026 and 2027, with many provisions requiring secondary legislation before full commencement.

One of the key education-specific reforms is the establishment of a School Support Staff Negotiating Body (“SSSNB“). This will create a statutory framework for negotiating pay, terms and conditions for school support staff, broadly analogous to the existing arrangements for teaching staff.

The SSSNB will bring together employer and employee representatives to negotiate minimum standards for pay and conditions, which may then be incorporated into contracts through regulations made by the Secretary of State. It is intended to cover a wide range of roles within state-funded schools, including teaching assistants, administrative staff, caretakers and support services.

However, the SSSNB will not become fully operational immediately. Further secondary legislation and consultation are required to establish the body and define its remit. Current Government guidance indicates that existing arrangements will continue during the 2026–2027 financial year, with the first substantive outcomes of the SSSNB unlikely to arise before the 2027–2028 academic year.

While the immediate impact on schools is limited, the creation of the SSSNB signals a shift towards more formalised, national-level collective bargaining for support staff. Schools and academy trusts should begin to consider the potential implications for workforce planning, budget setting and contractual arrangements as the framework develops.

Terrorism (Protection of Premises) Act 2025 – “Martyn’s Law”

Educational settings should also prepare for the future implementation of the Terrorism (Protection of Premises) Act 2025, commonly known as Martyn’s Law after Martyn Hett who was killed in the 2017 Manchester Arena attack. The Act received Royal Assent in April 2025 and places new duties on in‑scope premises and events to consider and prepare for the risk of terrorist attacks. It will not come into force for at least 24 months, allowing time for the establishment of a new regulator and for affected organisations to prepare. The DfE has published a policy paper explaining how the Act is expected to apply to educational settings. Schools and colleges should use 2026 as a preparatory period to consider risk assessments, training and governance arrangements.