The Children’s Wellbeing and Schools Act 2026: what independent schools need to know

We reported on the Children’s Wellbeing and Schools Bill in an article at the start of this year. Since then, the Bill received Royal Assent on 29 April 2026, becoming the Children’s Wellbeing and Schools Act 2026.

The Act introduces the most significant reforms to the regulation of independent educational institutions in recent years, alongside broader changes to safeguarding, school operations and children’s social care.

While the Act is now law, most provisions will be brought into force gradually through secondary legislation and statutory guidance. This article focuses on the provisions most relevant to independent schools and highlights areas where further detail is awaited.

Strengthened regulation of independent educational institutions

The Act significantly expands the regulatory framework for independent educational institutions. Sections 43 to 50 introduce a suite of new powers and duties.

The scope of regulation has been widened, granting the Secretary of State the power, by regulations, to bring within the regime any independent educational institution that provides all or a majority of a child’s education. This broadened scope is intended to close the gap that has previously allowed some settings to operate without proper oversight by claiming to offer part-time provision only.

The Independent Educational Institution Standards (set under section 94 of the Education and Skills Act 2008) will be updated, including new requirements around allergy safety policies and, in due course, standards that have yet to be prescribed. The government has confirmed that “extensive engagement and consultation” on what these updated standards will look like will follow.

A new version of the guidance accompanying the standards was issued in April 2026.

Independent schools should be prepared for a period of consultation before final standards are published. In addition, the Act introduces ‘prevention orders’, giving the courts the power to prohibit individuals from conducting or being involved in the management of an unregistered independent educational institution, strengthening enforcement against illegal schools.

Enhanced investigation and enforcement powers

Ofsted’s powers to investigate suspected unregistered independent schools have been materially strengthened. The Act introduces new powers of entry and investigation, including clearer routes to gather evidence and take action where settings are operating as schools without registration.

These powers include the ability to seize documents and electronic devices, subject to legal professional privilege protections. Independent schools should note that Ofsted will also have enhanced information-sharing arrangements with independent inspectorates, enabling more coordinated oversight across the sector.

The Act introduces new provisions on material changes and deregistration of schools. The regulatory framework has been tightened where an independent school proposes a material change, such as a change of proprietor, a significant increase in pupil numbers or a change to the age range of pupils.

Separately, a new process for deregistration by agreement has been introduced, providing a formal route for schools that wish to close or cease operating as registered institutions.

Safeguarding and information sharing

Independent schools are directly affected by the Act’s safeguarding provisions. Education settings, including independent schools, are now recognised as ‘relevant partners’ in local safeguarding arrangements, giving them a formal role in multi-agency decision-making.

The proprietors of independent schools, academies and non-maintained special schools are listed as ‘relevant authorities’ under the Act’s new corporate parenting duty and are subject to the new information-sharing requirements for safeguarding purposes.

A new duty, which applies from September 2026, requires safeguarding partners to share information where this would facilitate the safeguarding or promotion of children’s welfare. A Single Unique Identifier for children will be introduced via regulations. The Department for Education (DfE) is currently reviewing public feedback on draft statutory guidance on the information-sharing duty introduced under the Act.

Independent schools should ensure their safeguarding policies and data-sharing arrangements are ready to be updated once revised statutory guidance is published.

Schools should also note that the Act places allergy safety on a statutory footing. Independent educational institution standards must now include a requirement for an allergy safety policy, with staff training, risk assessment and emergency response arrangements.

Children not in school and withdrawal from independent schools

The Act establishes a compulsory Children Not in School register in every local authority.

Independent schools will be expected to provide timely and robust information when pupils leave the school roll. Where a child is a registered pupil at a special school, including an independent school that is specially organised to make special educational provision, local authority consent will be required before the child can be withdrawn to receive home education.

Consent must also be obtained where the child is subject to a child protection investigation or plan, or has been the subject of a child protection plan within the preceding five years.

Schools should be aware that these provisions will increase scrutiny around pupil movement and that proprietors will be under a duty to notify the relevant local authority when a parent indicates an intention to withdraw a child to be educated at home.

Key amendments made during the parliamentary process

The Bill underwent extensive amendment during its passage through parliament. The most contentious issue was social media access for children. The House of Lords inserted a ban on social media use by under-16s, which the government subsequently reversed in the Commons. The final compromise grants the Secretary of State regulation-making power to restrict children’s access to internet services, subject to an ongoing consultation.

For independent schools, the practical implications will depend on the details contained in the regulations and any accompanying guidance on schools’ responsibilities.

Other significant amendments included the extension of certain Children Not in School provisions to Wales, following a Senedd vote in March 2026, and a safeguard limiting the government’s ability to amend primary legislation by regulations more than two years after the Act’s passage.

The scope of independent school regulation was also debated extensively, with the government confirming that further consultation on prescribed standards will follow.

What should independent schools do now?

While the Act provides the legislative framework, many of the practical details remain unsettled.

Although no immediate operational changes are required, independent schools should begin preparing now. Safeguarding leads should review existing policies and data-sharing arrangements in anticipation of updated statutory guidance becoming available.

Schools should ensure they have an allergy safety policy in place and plan for compliance with the new statutory framework from September 2026.

Proprietors should familiarise themselves with the expanded regulatory provisions, including the updated standards framework, enhanced investigation powers and new material change requirements.

We will continue to monitor developments as secondary legislation and statutory guidance are published and will provide further updates as implementation timelines are confirmed.