The Children’s Wellbeing and Schools Act 2026 (Commencement No. 1) Regulations 2026

These Regulations are the fourth set of commencement regulations bringing into force provisions of the Children’s Wellbeing and Schools Act 2026 (c. 21) (“the Act”). They are the first set of regulations commencing provisions of the Act which substantively relate to a territory other than England, namely section 10 which relates to social care in England and Wales.

Regulation 2 provides that provisions of the Act are brought into force in accordance with regulations 3 to 7 to the extent that those provisions are not already in force by virtue of section 78(1)(a) of the Act (commencement).

Regulation 3 brings into force provisions of the Act on the 18th November 2026.

Regulation 3(a) partially commences section 44 of the Act. Regulation 3(a)(ii) brings into force section 44(2), which inserts new subsections (1A) and (3A) into section 94 of the Education and Skills Act 2008 (c. 25) (“the 2008 Act”) (independent educational institution standards), expanding the Secretary of State’s powers to prescribe standards for independent educational institutions in England. Regulation 3(a)(iii) brings into force section 44(6)(b), to the extent it inserts new subsection (10) into section 125 of the 2008 Act (appeal by proprietor against other decisions of Secretary of State), which enables Tribunal Procedure Rules to provide for the suspension of certain enforcement decisions relating to independent educational institutions in England pending appeal.

Regulation 3(b) fully commences section 50 of the Act. Section 50 inserts new section 137A into the 2008 Act, which enables the Secretary of State to make regulations to provide for any relevant enactment to apply (with or without modifications) in relation to an independent educational institution, or an independent educational institution of a prescribed description, in England which is not an independent school as that enactment applies in England in relation to an independent school. Section 50 also amends section 166(2) of the 2008 Act (orders and regulations) to provide that regulations made under new section 137A are subject to the affirmative parliamentary procedure.

Regulation 3(c) fully commences section 53 of the Act. Section 53 amends the definitions of “school” and “relevant school” in sections 133(6) (requirement to be qualified) and 135A(4) (requirement to serve induction period: teachers in England) of the Education Act 2002 (c. 32) (“the 2002 Act”) respectively, giving the Secretary of State the power to make regulations requiring teachers in Academies in England to have qualified teacher status and to undertake a statutory induction period.

Regulation 4 brings into force section 10 of the Act on 16th December 2026. Section 10 amends the Children Act 1989 (c. 41) (“the 1989 Act”) to strengthen duties on local authorities in England and Wales to allow reasonable contact between children in care and their siblings.

Regulation 5 brings into force section 2 of the Act on 31st January 2027. Section 2 amends section 16E of the Children Act 2004 (c. 31) (“the 2004 Act”) (local arrangements for safeguarding and promoting welfare of children) to require the safeguarding partners for a local authority area in England to make arrangements for designated childcare and education agencies to work together with other safeguarding partners to safeguard and promote the welfare of children in that area.

Regulation 6 brings into force section 3 of the Act on 1st April 2027. Section 3 amends the 2004 Act to require arrangements made under section 16E of the 2004 Act by the safeguarding partners for a local authority area in England to include the establishment of one or more multi-agency child protection teams to support the local authority in discharging its child protection duties under section 47 of the 1989 Act (local authority’s duty to investigate).

Regulation 7 brings into force provisions of the Act on 1st September 2027.

Regulation 7(a) brings into force section 6 of the Act. Section 6 inserts new section 23ZZZA into the Children Act 1989 to require local authorities in England to appoint at least one person to promote the educational achievement of children with a social worker and children who live in kinship care. It also extends the definition of a “relevant child” to include children subject to a Special Guardianship Order and those living in kinship care.

Regulation 7(b) brings fully into force the remainder of section 44, specifically subsections (4), (5), (6) (to the extent not commenced by regulation 3 of these Regulations), (7) and (8), which make further amendments to the 2008 Act relating to the standards, enforcement and appeals framework applicable to independent educational institutions in England.

Regulation 7(c) brings into force section 45 of the Act. Section 45 inserts new Schedule A1 into the 2008 Act, which enables a court to make a prevention order following conviction for operating an unregistered independent educational institution in England.

Regulation 7(d) brings into force section 49 of the Act, which strengthens Ofsted’s powers to investigate suspected unregistered independent educational institutions in England. It introduces powers of entry, investigation and seizure, together with offences for obstructing or failing to comply with an investigation.

Regulation 7(e) brings fully into force Schedule 3 of the Act, effectively commencing paragraph 6 of that Schedule, which requires Academy schools and alternative provision Academies to have regard to the School Teachers Pay and Conditions Document. With the exception of paragraph 6, Schedule 3 commenced on 29th June 2026 by virtue of section 78(2)(i) of the Act.