As schools, colleges and academy trusts prepare for the start of the new academic year, we reflect on the last 12 months and consider what lies ahead for the education sector. The coming years are expected to bring one of the most significant periods of policy reform in recent memory.
In November 2025, the Department for Education (DfE) published Professor Becky Francis’ final report following the Curriculum and Assessment Review, which made a number of recommendations. The Government’s Schools White Paper set out broad reforms, with a focus on special educational needs and disabilities (SEND), inclusion, collaboration across local systems and moving further towards a trust-led school model.
Alongside these developments, Ofsted’s new Education Inspection Framework is now in place and has already been updated for September 2026. The sector has also seen the Children’s Wellbeing and Schools Act 2026 gain Royal Assent, alongside a range of policy initiatives designed to raise the profile of technical education.
Further change has followed the appointment of a new Prime Minister and subsequent Cabinet reshuffle, with Lucy Powell becoming Secretary of State for Education. Her appointment brings new leadership to the DfE at a time when schools, colleges and academy trusts are already preparing to implement a substantial programme of reform.
Jump to:
Children’s Wellbeing and Schools Act 2026
Technical pathways from September 2028
Keeping Children Safe in Education (KCSIE)
Establishment of a Child Protection Authority
Ofsted Education Inspection Framework
New national curriculum still expected in 2028
Employment Rights Act 2025: New duty to prevent third party harassment
Schools White Paper
Following months of delays, the Government published the Schools White Paper Every Child Achieving and Thriving, in February 2026. The White Paper focused heavily on SEND reform and was accompanied by an extensive consultation. Most of the proposed reforms are expected to be implemented over a number of years, with the majority in force by 2028 and some of the longer-term projects being rolled out until 2035.
Major SEND reforms include the introduction of a new universal offer intended to support the needs of most pupils within the mainstream education. Three layers of additional support will be added for those who require them that range from targeted support to specialist support. Only pupils in this highest layer of support will be given a ‘specialist provision package’, which will be created by an Education, Health and Care Plan.
The consultation on proposals to reform the SEND system closed on 18 May 2026. The Government is currently reviewing responses and is expected to publish its response in autumn 2026, with legislation to follow.
The DfE also stated in the Schools White Paper that it intends to develop a pupil engagement framework that it will publish later this year, though no publication date has been confirmed.
Further information on the White Paper, including proposals relating to the National Inclusion Standards and enhanced support for teachers, can be found in our update published earlier this year.
Children’s Wellbeing and Schools Act 2026
Following Royal Assent in April 2026, the new Act is a significant piece of education and safeguarding legislation, including reforms affecting school life, child protection, children’s social care and oversight of children educated outside mainstream settings.
While many of the notable changes will be implemented in stages, a number came into effect from September 2026. These include the extension of free breakfast clubs in primary schools and a limit on the number of compulsory branded uniform items, limited to three (excluding secondary school ties), aimed at reducing costs for families.
A central theme of the legislation is child protection. It introduces statutory multi-agency child protection teams and strengthens duties on relevant agencies to share information about a child’s safety and welfare. The Act also strengthens expectations around wellbeing and safety during the school day, requiring schools to follow guidance restricting mobile phone use, and introducing new provisions relating to allergy safety.
Academies will face greater regulation, bringing them closer into alignment with maintained schools. This includes (with some exceptions) a requirement to follow the National Curriculum, clarification regarding teacher pay and conditions, and increased inspection requirements. Ofsted inspections of multi-academy trusts could begin in 2027, with inspection intervals to be established through secondary legislation. Ofsted will also be granted powers to enter “any premises” of a trust.
Technical pathways from September 2028
The new Prime Minister outlined plans to revitalise technical pathways, enabling pupils from Year 10 onwards to combine core academic subjects with technical education, employer-led projects and workplace experience. The government has acknowledged that most secondary schools already offer some form of technical qualification, but that the new proposals will boost the quality, availability and status of technical education. New vocational pathways for Year 10 pupils and above are also expected to launch in September 2028.
Keeping Children Safe in Education (KCSIE)
The statutory guidance Keeping Children Safe in Education,which is reviewed annually, has undergone several major updates this year. The latest version came into force on 1 September 2026.
In addition to referencing new statutory guidance on mobile phones in schools and increased guidance on AI and online child safety, the updated guidance includes extensive provisions relating to supporting children questioning their gender. The guidance emphasises the importance of a careful approach and the involvement of parents and carers.
The guidance makes it clear that schools must not allow pupils into toilets, changing rooms, or boarding or residential accommodation designated for the opposite sex, with no exceptions. Schools will need to balance their duties under the Equality Act and Human Rights Act with their safeguarding and legal obligations to the child in question and other children.
The sections in KCSIE addressing both mental health and serious violence have also been updated substantially.
Establishment of a Child Protection Authority
In June 2026, the Government published its consultation response on establishing a Child Protection Authority (CPA) in England. The response outlined that until the CPA is fully operational, the Child Safeguarding Practice Review Panel will continue to carry out its responsibilities in relating to reviewing serious incidents.
New RSHE guidance
Updated relationships, sex and health education (RSHE) guidance came into effect on 1 September 2026.
All schools are now legally required to update their RSHE curriculum and have an up-to-date written policy in place for relationships education or (where applicable) relationships and sex education. The updated guidance places a greater focus on online safety and wellbeing, helping pupils to critically analyse what they see online.
Ofsted Education Inspection Framework
Ofsted’s updated Education Inspection Framework (EIF) came into force at the start of September.
Inspectors will now consider how attainment and progress in national tests compares with similar schools, rather than simply against national averages. Ofsted will also look more closely at inclusion and how leaders are ensuring that inclusion bases meet pupils’ needs effectively and support meaningful participation in wider school life. Related to this, all schools will need to publish their inclusion strategy statement by 31 December, outlining the commonly occurring needs within the school’s cohort, the school’s current spending on inclusion and how it will make sure that ordinarily available provision meets children’s needs.
In addition, Ofsted will evaluate school enrichment under the personal development section of the EIF, using the DfE’s non-statutory Enrichment Framework as a key reference point. The DfE guidance outlines the following five core areas that schools should cover over time to provide a balanced offer:(1) civic engagement; (2) arts and culture; (3) nature, outdoors and adventure; (4) sport and PE; and (5) wider life and future skills.
New national curriculum still expected in 2028
The Government has published its conclusions and recommendations arising from the independent Curriculum and Assessment Review in November 2025. Despite the subsequent change in Prime Minister, the timeline for curriculum reform is expected to remain unchanged. This entails the publication of a draft national curriculum this month for consultation, followed by a final version in spring 2027. Schools are expected to be teaching the revised curriculum from September 2028.
Employment Rights Act 2025: New duty to prevent third party harassment
While many of the employment law changes affecting schools under the Employments Rights Act 2025 have already come into force (including taking reasonable steps to prevent sexual harassment of employees), a further obligation will come into force in October 2026: there will be a new legal duty on employers to take all reasonable steps to prevent harassment of their employees by third parties. “Third parties” is widely defined and will include parents and carers, visitors and contractors/suppliers.
Looking forward
Taken together, these reforms reflect wider changes happening in the education sector and with the recent change in Government, education providers should expect to see further developments in the months ahead. While many will be implemented over the next few years, there are a number of immediate changes to prepare for this autumn.
If you or your organisation would like advice or support in relation to any of the issues discussed in this article, please contact Jean Tsang, Helen Fry or Liz Racine.
The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further advice or information about management training which we offer.