The Children’s Wellbeing and Schools Bill:
A Transformative Shift in English Education Policy
The UK government this week unveiled its Children’s Wellbeing and Schools Bill, a legislative proposal that has sent shockwaves of sorts through the sector, designed to reshape the landscape of education governance, teacher pay, school admissions, and children’s welfare in schools. Containing significant changes aimed at promoting equity, standardisation, and accountability, this bill has sparked myriad reactions from across education, particularly with its focus on the academy sector,
Key Provisions of the Children’s Wellbeing and Schools Bill
The bill introduces a range of reforms that address a number of points in the education sector, from teacher pay to the management of academies. Below are the most notable highlights.
1. Teacher Pay and Conditions
For the first time, academies will be required to follow the statutory teacher pay and conditions framework, previously applicable only to maintained schools. This includes academies offering alternative provision (AP).
According to Tes, Schools Minister Catherine McKinnell assured stakeholders that "no teacher should suffer detriment" from the changes, though clarity is still needed on how trusts paying above the national scale will be affected.
2. Council Powers Restored
Significantly, local authorities now regain the power to open new schools, ending the automatic academisation of failing maintained schools. This reverses over a decade of Conservative policy that promoted academy expansion at the expense of council-run schools.
Daniel Kebede, General Secretary of the National Education Union, welcomed the change, saying: "Ending the presumption that all new schools need to be academies shows a willingness to set a new and better direction."
3. School Admissions and Place Planning
The Children’s Wellbeing and Schools Bill strengthens councils’ authority over school admissions, including the ability to direct academies to admit pupils. Previously, this power was reserved for the Education Secretary, creating delays in placing vulnerable children.
Schools Week reported that councils will also gain the ability to object to academies’ published admission numbers (PAN), ensuring that capacity better reflects community needs.
4. Regulation of Academy Trusts
Academy trusts will face stricter government oversight. New powers allow the Education Secretary to issue compliance directions to trusts failing to meet legal obligations or acting unreasonably.
Leora Cruddas, Chief Executive of the Confederation of School Trusts, voiced concern: "There is a risk that the loss of these freedoms makes it more difficult for trusts to do the hard work of improving schools in the most challenging circumstances."
5. School Uniform Cost Cap
The bill caps the number of branded uniform items required by schools to three for primaries and four for secondaries (including a tie). This aims to reduce costs for parents. However, and perhaps unsurprisingly, the schoolwear industry has criticised the move, arguing it could undermine school identity.
6. Home Education and Children Not in School
A new council register will track children not enrolled in formal education, including those being flexi-schooled. Parents must seek council permission to home-educate children in special schools or under child protection plans.
7. Ofsted and Illegal Schools
Ofsted, along with the raft of changes being implemented by the organisation next year, will gain the power to seize evidence from illegal schools, a move aimed at tackling unregistered educational settings. Inspectors will be able to take copies of documents and make audio or video recordings during inspections.
What has been the reaction from the sector?
Reactions to the new Children’s Wellbeing and Schools bill have been mixed to say the least. While some education unions have praised its emphasis on equity and local authority empowerment, others see it as a severe rollback of academy freedoms and even an attempt to herald the end of academies altogether.
Pepe Di’Iasio, General Secretary of the ASCL, urged caution, noting: "Further changes must be done with care and must not seem ideological". Meanwhile, Daniel Kebede emphasised the opportunity for systemic reform, stating: "Having the same pay and conditions framework enables teacher mobility and is obviously fairer".
Looking ahead
While the Children’s Wellbeing and Schools Bill aims to create a more consistent and equitable educational framework, crucially, its impact will depend on implementation details yet to be clarified. The coming months will no doubt see endless parliamentary debates and numerous potential amendments as the bill progresses.
As education policy in England stands on the cusp of the biggest transformation for over a decade, one thing is clear: from the critical ongoing crises in SEND education to the teacher shortage and retention concerns, the sector is in desperate need of some good news and positive change. While the Children’s Wellbeing and Schools Bill has set the stage for a renewed focus on educational fairness, regulatory accountability, and the wellbeing of pupils across the country, it will be interesting, to say the least, to watch how the changes affect a sector on the brink.