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?

Children missing from schooling

This is going to be one of my ‘nerdier’ posts. Children missing education are a small but important group of young people. In the autumn term of 2025/26, the DfE estimated that there were around 34,700 such pupils in England – down for 39,200 in the previous autumn term of 2024/25. Across the whole year 2024/25, some 143,000 children were estimated by the DfE as missing education at some point in the year. Children missing education: methodology – Explore education statistics – GOV.UK

The DfE relies upon local authorities for the collection of the data. The re-organisation of the shire counties over the next few years may well affect data quality, where new ‘unitary authorities’ are created and new teams will need to be assembled. So, how are ‘missing children’ defined?

Definition of children missing education

CME does include children of compulsory school age who are not registered at a school and are not receiving suitable education elsewhere, even if these children:

• Are in the process of applying for a school place, even children within the first 15 days of the application process

• Have been offered a school place for a future date but have not yet started

• Are receiving EHE, if this education is unsuitable

• Have been recorded as CME for an extended period: for example, where their whereabouts is unclear or unknown4 When EHE should be deemed CME An EHE child whose education is deemed unsuitable should no longer be classified as an EHE child and should be classified as CME.

Section 436A of the Education Act 1996, is a duty on local authorities to make arrangements to try and identify children of compulsory school age who are not registered pupils at schools and are not receiving suitable education otherwise than at a school. Although there is no legal obligation on local authorities to classify a child as CME at a particular stage of the statutory process under sections 436A and 437 of the Act, we would expect a local authority classify a child as CME once they have deemed that the child is not receiving suitable education (which would include having insufficient information to reach such a conclusion). If local authorities have not had an opportunity to assess whether a child is receiving suitable education, that does not mean that the child should automatically be classified as not receiving suitable education. Not knowing does not mean the child is not being suitably educated, though the local authority may ultimately reach this conclusion if they have asked for information and not received satisfactory responses. Elective Home Education and Children Missing Education

How assiduous are local authorities at collecting this information? Difficult to say, but it is interesting that 11 of the 33 London boroughs have a rate of 0.1%, the best possible. This is along with six local authorities in the North East, and five counties. However, no local authority in the East of England features in those LAs with a 0.1% return, the best being 0.3 and the worst 1.0%.

Overall, the average autumn term rate fell from 0.5% in 2023/24 – the first year of collection to 0.4% in 2025/26.

Why does the issue of children missing education concern me. My posts on Jacob’s Law shows why I thinking understanding the problem is important Time for Jacob’s Law | John Howson

My suggestion last summer was for a virtual school for all such children otherwise classified as missing education A Virtual School for those missing school? | John Howson This could be especially important for young people with SEND awaiting a school place as well as those that move into an area mid-year when all school places in their year group are full.

I would encourage local politicians to check their percentage of missing children, and how well officers track such children. It was an Ombudsman’s report that originally sparked my interest in this issue.  Education is a fundamental Human Right | John Howson

The original paper to Oxfordshire’s Scrutiny Committee in 2019 highlighted 9,600 records that were incomplete at that time and the exercise Oxfordshire officers took to update their records!  aebhdfh I wonder how many local authorities have conducted such a thorough examination of their records.

Hopefully, now the DfE is collecting data, more attention is being paid to children that might slip though the net.