Children’s Wellbeing and Schools Bill

On 17 December 2024 the Children’s Wellbeing and Schools Bill (the “Bill”) was introduced to parliament. The Bill extends further than previously anticipated and is considered to be a ‘move away’ from the academies model.

Schooling and curriculum

Schools will be aware of the Curriculum and Assessment Review, which is due to be announced in autumn 2025. The review was commissioned to ensure that the needs of every five to nine-year-old are met by the current curriculum and assessment system.

More specifically, given that academies are not currently obliged to follow the national curriculum, the Bill will require all state-funded schools to teach the national curriculum. This will include academies. This measure will not, however, be put into place until the outcome of the review, and the publication of the reformed curriculum.

In addition, schools may see a change in local admissions. As part of this plan to improve accessibility to school places, local authorities will be given flexibility to open a broad spectrum of schools, moving away from the system of only opening new academies. Alongside this, local authorities will have increased powers to direct that a maintained school or an academy admits a child where a place is needed.

Local authorities across England will hold compulsory Children Not in School Registers. These will be tools by which local authorities can identify all children in their area who do not attend school and ensure that they are receiving an appropriate education. Where a child is subject to a child protection investigation, or a child protection plan, their parent will lose their right to home educate the child. More broadly, if the local authority considers that the education a child is receiving at home is inadequate, or the home environment is not suitable, the Bill gives them new powers to intervene and require school attendance.

Safeguarding

In addition to the changes which impact the attendance of children at school, and the curriculum they receive, the Bill, as its name suggests, also introduces new changes with a focus on wellbeing and safeguarding. A unique identifier number is being piloted for children across services to consider whether an improvement can be made to how information is shared to ensure that children are better protected. It is hoped that those who are responsible for safeguarding, including schools, will be able to more efficiently identify children requiring additional support, and share information with other agencies.

Failing schools

The Bill will introduce a change in the way that failing schools are managed. Pursuant to the existing system, the sector has been familiar with failing schools being issued with an academy order. However, following the implementation of the Bill, issuing an academy order to a failing maintained school will be a discretionary power. Instead, the Secretary of State may use other means to improve a failing school, such as through new ‘Regional Improvement for Standards and Excellence’ teams. It is anticipated, however, that for the worst performing schools, the Secretary of State will continue to issue an academy order.

Practical steps

Whilst the Bill is currently in draft form, schools should be aware that changes are likely to be introduced throughout 2025. Schools will need to be prepared for a potential increase in admissions, as an effect of the power of directions to be granted to local authorities, and the need to find space for children who are either considered to be receiving inappropriate home schooling or need to find a new placement because of the imposition of VAT on school fees.