Update on the Children’s Wellbeing and Schools Bill

The Children’s Wellbeing and Schools Bill aims to change the law to better protect children and raise standards in education.

In our last article, we examined some of the key changes which are due to be introduced by the proposed legislation. Since then, the government has published policy summary notes that provide additional information of considerable interest to those in the education sector. The key themes emerging from the policy summary are as follows:

Reducing barriers to learning 

• The new legislation will require all state-funded primary schools in England to provide a free breakfast club to pupils. In late February, the government named the first 750 schools to be taking part in this programme. These schools will start offering 30-minute sessions before school at the beginning of summer term.
• All schools will be banned from requiring more than three branded uniform items (four items in secondary and middle schools where one of the four items is a tie).

Limiting Academies freedoms 

• As part of the Bill, all teachers working in schools will need to have qualified teacher status or be working towards it. This requirement will come into effect from 1st September 2026.
• The statutory school teacher's pay and conditions framework (STPCD) will be extended to include teachers in academy schools and alternative provision academies. An amendment tabled by the government has confirmed that this will set a minimum pay band with no ceiling. Academy schools and alternative provision academies will have to have regard to the whole of the STPCD in determining the pay and conditions of their teachers and must follow it unless they have a good reason not to. The government also proposes to extend the remit of the School Teachers’ Review Body (STRB) to include academies, with academy trust representatives becoming consultees in the annual national pay review process.
• All state-funded schools (including academies) will be required to teach the national curriculum. This obligation will be implemented through the establishment of a new national curriculum. The government has commissioned an independent review to advise on the curriculum and assessment system and is due to publish recommendations in autumn 2025; it is, however expected to be several years before it is implemented into practice.
• Forced academisation will become one of a number of options available in dealing with substandard schools. The duty to issue ‘academy orders’ where schools are identified as failing will be repealed and replaced with a discretionary power. The first Regional Improvement for Standards and Excellence (RISE) advisers have now been appointed by DfE, with newly established RISE teams beginning targeted intervention at ‘stuck schools’ in early February 2025.
• Legislation allowing maintained schools to temporarily direct pupils to another education setting to improve behaviour will be extended to include academies.

New powers for Councils

• The Bill provides for schools and local authorities to work closer together when it comes to school admissions and place planning. Councils will also be able to direct academies to admit a child who has been refused admission or permanently excluded from other suitable schools nearby. This is to ensure vulnerable children are placed quickly.
• The Bill sees the assumption that all new schools will be academies come to an end. Councils will be granted the opportunity to propose the opening of new schools, such as community and foundation schools (rather than exclusively academies), to the Secretary of State.
• For all children, if a local authority deems the education and/or home environment unsuitable, local authorities will now have the power to intervene and require school attendance.

If you have any questions regarding the Children’s Wellbeing Bill, and how it will affect your school or trust or the removal of the academy conversion support grant, please contact Joanne Davison by email at [email protected] or by telephone on 0191 211 7958.