Draft Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026

(Limited Text - Ministerial Extracts only)

Tuesday 30th June 2026 General Committees

[The Minister for School Standards (Georgia Gould)]

I beg to move,

That the Committee has considered the draft Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026.

It is a pleasure to serve under your chairmanship, Mr Vickers. The draft regulations were laid before the House on 20 May 2026.

The Children’s Wellbeing and Schools Act 2026 changes the legal framework for opening new state-funded schools. It ends the legal presumption that new schools should be academies, and helps to ensure that new schools can be delivered quickly where they are needed, by enabling proposals from local authorities and voluntary organisations as additional routes to delivery. That provides greater flexibility in the system, including in circumstances where suitable academy trust capacity is limited.

The statutory instrument makes consequential amendments arising from those provisions. The amendments, which are to both primary and secondary legislation, are necessary to ensure that references to the legislative framework for opening new schools are correct and consistent across the statute book, and to update provisions to ensure that they are compatible with the new legislative framework. The amendments are minor and technical in nature and do not introduce any significant new policy.

The Children’s Wellbeing and Schools Act repeals section 6A of the Education and Inspections Act 2006, relating to the presumption that new schools should be academies. Arrangements for inviting proposals for new schools are now contained in an amended section 7 of the 2006 Act. The Children’s Wellbeing and Schools Act also replaces sections 10 and 11 and of the Education and Inspections Act with an amended section 10. The draft regulations remove references to section 6A and section 11 in other primary and secondary legislation, and replace them with references to sections 7 and 10 respectively, where necessary, providing legal clarity. The amended provisions relate to land given to a local authority on trust for educational purposes, transfer of employment, proposers of new schools, governance of new schools and local government reorganisation.

The Children’s Wellbeing and Schools Act sets procedures for the establishment of new pupil referral units by local authorities. The draft regulations extend legislation to apply to newly established pupil referral units in two cases. Currently, where a new maintained school replaces an independent school, a teacher of the independent school transferring under transfer of undertakings legislation to the new school may choose to retain their existing terms and conditions or choose to opt in to the schoolteachers’ pay and conditions document. The instrument extends the provision so that it applies when an independent school is replaced by a pupil referral unit, affording teachers the same choice.

Secondly, the statutory instrument applies and extends regulation 5 of the School Governance (New Schools) (England) Regulations 2007 to pupil referral units, when only one school proposal has been published under sections 7 or 10 of the Education and Inspections Act. A local authority is able to put in place governance arrangements for a maintained school in anticipation of proposals being approved. That will also apply where only one proposal for a pupil referral unit has been published. These amendments will ensure legal clarity and consistency.

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[Georgia Gould]

I thank Members for the range of important questions, although I think they are broader than the individual draft regulations we are discussing today.

I will start with the question about special places in specialist schools and how we can ensure that there is consistency. As part of the Government’s reforms to SEND—special educational needs and disabilities—we are proposing the introduction of new specialist provision packages. Those will be developed by a national independent panel and will set out the broad range of provision we expect to be available in every community. Local authorities will have a duty to provide specialist provision packages—that is, the type of special provision that, as the hon. Member for Guildford has set out, is missing from too many communities.

To fund that measure, we are investing £3.7 billion into creating new specialist places. That money is going into the system now, and we are setting very strong expectations on local authorities to deliver new specialist provision both within mainstream schools on an inclusion basis and, where necessary, in new special schools. The policy that forms part of the Children’s Wellbeing and Schools Act makes it easier for local authorities to set up new maintained schools.

On the specific question about pupil referral units and their role in the system, we will be very clear in the specialist provision packages about the kind of support we expect for children with internalising and externalising social and emotional needs. As we have set out in the SEND reform consultation, we want the role of alternative provision to be focused on really reintegrating children back into school. The Experts at Hand model we have developed is about using some of the best practice from really high-quality alternative provision to support mainstream schools. The SEND reforms are subject to consultation, but I hope that gives a wider reassurance.

The hon. Member for South Devon asked why we have created these new powers. As she correctly said, we have set out a steer to the system to say that we expect schools to move towards being part of collaborative trusts. The current system means that there are real geographical discrepancies, and sometimes there is not a trust available to set something up quickly, so we want local authorities to have the flexibility to respond quickly to demands and to offer that provision where it is needed.

The hon. Member for Bridgwater raised the wider, more general debate about academisation. I am glad to hear his support for academisation; as he knows, it was something that a Labour Government first introduced. We support that system because we see so many benefits for schools, including collaboration and resilience, from being part of multi-academy trusts. We are setting out a direction to say that is the way in which we expect the school system to move, and we want those freedoms to be available to all schools.

We want to have really strong standards and consistency in critically important areas. We know some of the real challenges that young people face in misinformation and the need for digital literacy in a changing world. Our new national curriculum, on which we have consulted widely with schools, multi-academy trusts and local authority schools, will set the standard we want for all children, and we think it is really important that all schools teach that. It is critical that children have access to a qualified teacher, so we are setting very clear standards through the schools White Paper on not only issues such as inclusion but offering the benefits that come from being part of a multi-academy trust, which is a really sensible approach to developing the new system. The draft regulations are really about implementing policy that has already been debated and discussed.

Question put.

Division 1

Question accordingly agreed to.

Ayes: 12

Noes: 3