Education Law Digest – Summer term 2026: Recent guidance

Restrictive Interventions and Use of Reasonable Force

(Effective from 1 April 2026)

From 1 April 2026, new guidance titled “Restrictive interventions, including the use of reasonable force, in schools” replaced the long‑standing 2013 guidance: “Use of reasonable force in schools”.

The new guidance introduces stronger requirements around recording incidents, governance oversight and SEND considerations, and applies to maintained schools, academies, pupil referral units, special schools and independent schools in England.

Key Developments include

1. A statutory duty requiring schools to record every “significant incident” involving the use of force on a pupil as soon as practicable after the incident and report it to the parents no later than the same day;
2. Clearer differentiation between (i) reasonable force; (ii) restraint; (iii) seclusion; and (iv) non‑physical restrictive practices.
3. Expanded obligations on governing bodies and proprietors to analyse data on restrictive interventions to inform policy development and staff training; and
4. A stronger emphasis on SEND‑specific considerations, alongside prevention and de‑escalation strategies.

Schools should be looking to update their policies and review their procedures to ensure that any use of force by a member of staff on a pupil is recorded.

(Source: Use of reasonable force in schools – GOV.UK)

Early Education and Childcare Statutory Guidance

(Update effective 1 April 2026)

The updated guidance for Local Authorities in England marks a shift from the phased rollout of expanded childcare entitlements to a system that is now fully operational across the sector. While the overall framework remains familiar, the emphasis has moved towards delivery, flexibility and accountability in practice. The updated 2026 guidance places particular focus on:

1. Established entitlements, with up to 30 hours (1,140 hours per year) of funded childcare now available for eligible children from 9 months to school age;
2. A clearer articulation of statutory duties on local authorities, including the obligation to secure sufficient childcare and ensure funded places are delivered effectively;
3. Greater flexibility in how funded hours may be delivered, with fewer prescriptive requirements on providers and increased scope for local variation;
4. A stronger link between funding arrangements and Ofsted outcomes, particularly in relation to providers rated below “Good”; and
5. Integration with wider policy initiatives, including the national rollout of wraparound childcare (paid, before-and-after-school care for primary-aged children) by September 2026.

The focus has shifted away from expanding entitlement and towards making the system work effectively day-to-day. Providers should now be thinking about how provision is delivered, how funding is structured, and what opportunities (and risks) arise from increased flexibility and local authority oversight.

(Source: Early education and childcare – GOV.UK)

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Relationships Education, Relationships and Sex Education (RSE) and Health Education

(Update effective 1 September 2026)

The DfE has published updated guidance on RSE, replacing the previous 2019 framework for 2026. The update reflects a greater focus on curriculum content, pupil wellbeing and safeguarding themes within teaching and places a greater emphasis not just on coverage, but on how content is structured, delivered and evidenced in practice.

Key areas of change include:

1. Increased emphasis on online safety, including the impact of social media, pornography and emerging technologies, such as AI
2. stronger focus on misogyny, harmful attitudes and respectful relationships, reflecting growing concerns about online influences on behaviour
3. Expanded coverage of mental health and wellbeing, including resilience, emotional literacy and accessing support;
4. Greater expectations around curriculum sequencing and delivery, requiring schools to demonstrate how content is structured and builds over time
5. Enhanced requirements for adaptation for pupils with SEND and improved engagement with parents on sensitive topics

Schools will need to review and, where necessary, update their RSHE curriculum and policies ahead of September 2026. Whilst not compulsory, the guidance recommends that schools should set out some details of how health education will be taught.

(Source: Relationships and sex education (RSE) and health education – GOV.UK)

Keeping Children Safe in Education

(Proposed updates for September 2026)

The DfE has consulted on updates to “Keeping Children Safe in Education (2025)“, with a revised version expected to take effect from September 2026. The proposed changes reflect evolving safeguarding risks and strengthen schools’ operational safeguarding duties and procedures and place greater emphasis on:

1. Emerging online harms (including AI-generated content and digital exploitation risks)
2. Increased focus on misogyny and its link to harmful sexual behaviour
3. Stronger expectations around early help and multi-agency working
4. Clarification of safeguarding responsibilities in early years and school-based nursery settings
5. Expanded recognition of mental health and serious violence as safeguarding concerns

Although the updates are not yet finalised, schools and trusts should be aware of the likely direction of travel and begin reviewing safeguarding policies, staff training, reporting procedures and wider compliance in anticipation of the revised framework.

(Download PDF here)