Children’s Wellbeing and Schools Act 2026

Hurrah for Section 61 and 62 of this new Act of Parliament. These two sections extend control over in-year admissions by local authorities to include academies. This has been achieved by inserting new clauses in the existing legislation, in order to widen the reach from just non-academy schools, historically controlled by local authorities, to now include academies and, I assume, free schools.

Regular readers will know that I started a campaign for this change way back in 2017, after I discovered how long it was taking to place children taken into care in a new school on some occasions, if that school was an academy. See Support ‘Looked After’ young people’s education | John Howson and Don’t forget Jacob | John Howson along with various other posts over the years on this blog.

The previous Children’s Commissioner also campaigned on this issue, and I raised it in November 2024 in questions to the Minister of State at the DfE when he spoke to the ADCS conference in Liverpool that year.

I hope the relevant sections of the new Act will be swifty enacted, rather than just sitting on the statute book.

There is then the issue of selective schools and children that would have attended them if taken into care before the selection process took place.

I hope that local authorities with selective schools in their area will ensure that such children are able to be placed in such schools. After all, a child should not go from the top set in a comprehensive school to a school that will not stretch their abilities to the full.

Now that education is expected of all up to eighteen, it is also important to discuss whether local authorities should have similar powers over the 16-18 age-group and education? This would include further education colleges and the 14-18 sector and studio schools and UTCs that might be a bit of anomaly under some readings of the new clauses in the 2023 Act? Hopefully, some one will tell me that I am wrong on this point.

Here is Section 62

62Power to direct admission: extension to Academies

(1) In section 96(8) of the School Standards and Framework Act 1998 (schools subject to local authority powers to direct admission of individual pupils), for “a maintained school” substitute “—

(a)a maintained school, or

(b)an Academy school, other than one specially organised to make special educational provision for pupils with special educational needs.”

So, my thanks to all that have made this change come about. It has taken too long, but hopefully it will help to reduce the break in schooling for those taken into care that have to move school because of the distance of their new placement from their existing school.

There is much else in the Act to welcome, but where is the Curriculum Review and the need to teach citizenship now the government ahs reaffirmed its intention to reduce the voting age from 18 to 16?

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