Children’s Wellbeing and School Act 2026 now law – Friday 1 May 2026

This week I highlight the implications for schools of the Children’s Wellbeing and School Act 2026 which has now become law.

Children’s Wellbeing and School Act 2026
This week the government passed it’s Children’s Wellbeing and Schools Act 2026. It gives the government the power to introduce new requirements. Some of the guidance is still being consulted on or finalised, and secondary legislation is awaited. The Act covers several areas across education and social care including:

  • Allergy safety – schools will be required to comply with Benedict’s Law from September 2026 and forthcoming DfE statutory guidance (to be finalised once the current consultation closes on 15 May). When published, the guidance will set out requirements around how to manage allergies in school.
  • Ban on smartphones in schools – the current non-statutory guidance will become statutory. Under the statutory guidance, the government will expect schools to have a policy that prohibits the use and possession of smartphones by pupils during the school day (with exemptions for sixth form pupils, boarding schools and medical devices).
  • School uniform – updates to the statutory cost of school uniforms guidance are on the way. The draft updates set out how, from September 2026 schools should limit the number of compulsory branded items of uniform and PE kit to 3 or fewer – secondary and middle schools can have a 4th item if it’s a tie. The DfE has advised schools to take the draft guidance into account now to account for timelines with updating policies and communicating with parents/carers.
  • Breakfast club provision – free breakfast clubs will be required in all state-funded primary schools – targeted at all pupils, not just disadvantaged pupils. The government has already begun rolling these out in some schools and more schools will be added over time.
  • New expectations for academies to align with the maintained sector – new teachers in academies will be required to have, or be working towards, qualified teacher status. Early career teachers will be required to undertake a statutory induction period. Academies will be required to follow national minimum pay levels for teachers and to teach the national curriculum.
  • Academy trust-wide inspection – the act has established the legal framework for trust-wide Ofsted inspection. No changes have been implemented yet, and it’s likely that Ofsted will consult with stakeholders before announcing a framework for inspection with timescales for its implementation.