Children’s Wellbeing and Schools Act 2026

After subsection (2) insert—

“(2A)

For the purposes of this section, a relevant agency is a “designated childcare or education agency” if it—

(a)

has functions relating to the provision of childcare or education (or both), and

(b)

is designated as such by regulations made by the Secretary of State.”

After section 16E insert—

“16EASection 16E arrangements: multi-agency child protection teams

(1)

Arrangements made under section 16E by the safeguarding partners for a local authority area must include the establishment of one or more multi-agency child protection teams for the area for the purpose of providing support to the local authority in connection with the discharge of its duties under section 47 of the Children Act 1989 (duty to investigate where child at risk of significant harm).

(2)

The support referred to in subsection (1) includes—

(a)

the co-ordination of assistance for the local authority under section 47(9) of the Children Act 1989, and

(b)

support of any other kind prescribed by regulations made by the Secretary of State.

(3)

A multi-agency child protection team is to consist of—

(a)

at least one of each of the persons mentioned in subsection (4), and

(b)

such other persons as the local authority considers appropriate after consulting the other safeguarding partners.

(4)

The persons referred to in subsection (3)(a) are—

(a)

a person, nominated by the local authority, with experience in education in relation to children;

(b)

a social worker, nominated by the local authority, with experience in social work in relation to children;

(c)

a registered health professional, nominated by an integrated care board for an area any part of which falls within the area of the local authority, with experience in the provision of healthcare in relation to children;

(d)

a constable or relevant police employee who—

(i)

is nominated by the chief officer of police for a police area any part of which falls within the area of the local authority, and

(ii)

has experience in child protection.

(5)

A person may be nominated under a particular paragraph of subsection (4) only if the person satisfies any requirements prescribed by regulations made by the Secretary of State for the purposes of that paragraph.

(6)

The requirements that may be prescribed under subsection (5) include, in particular, requirements relating to a person’s qualifications or their experience so far as relating to the safeguarding and promotion of the welfare of children.

(7)

Before making regulations under subsection (2)(b) or (5), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.

(8)

In this section—

“registered health professional” means a person on the register of one or more of the following bodies—

(a)

the General Medical Council;

(b)

the Nursing and Midwifery Council;

(c)

the Health and Care Professions Council;

“relevant police employee” means—

(a)

a person (other than a constable) who is—

(i)

employed, or engaged to provide services, for the purposes of a body of constables, and

(ii)

under the direction and control of a person who has the direction and control of a body of constables, or

(b)

a person who is—

(i)

employed by the Common Council of the City of London in its capacity as a police authority, and

(ii)

under the direction and control of a chief officer of police;

“social worker” means a person registered as a social worker in the register kept under section 39(1) of the Children and Social Work Act 2017.

16EBMulti-agency child protection teams: co-operation

(1)

If the conditions in subsection (2) are met, the safeguarding partners for a local authority area and a relevant agency must together draw up a memorandum setting out how the relevant agency will work with the safeguarding partners to facilitate the operation of MACPT arrangements.

(2)

The conditions are that—

(a)

the relevant agency is designated for the purposes of this section by regulations made by the Secretary of State;

(b)

the safeguarding partners have notified the relevant agency that it is required to work with the safeguarding partners in drawing up a memorandum under this section.

(3)

Before making regulations under subsection (2)(a), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.

(4)

In this section, “MACPT arrangements” means arrangements made by the safeguarding partners in accordance with section 16EA(1) for the establishment of a multi-agency child protection team.”

After that italic heading insert—

“23ZZZAEducational achievement of children in need or in kinship care

(1)

A local authority must take such steps as it considers appropriate for the purpose of promoting the educational achievement of children within subsection (2).

(2)

The children within this subsection are—

(a)

children for whom, by virtue of subsection (10)(a) or (b) of section 17, the authority is providing or has provided services under that section, and

(b)

children in the authority’s area who live in kinship care (within the meaning of section 22I(1)).

(3)

The steps that may be taken under subsection (1) include steps designed—

(a)

to enable children within subsection (2) to overcome barriers to their educational achievement;

(b)

to raise awareness of those barriers among, and to provide support for, persons who work with children within subsection (2);

(c)

to improve educational attendance and engagement of children within subsection (2);

(d)

to promote educational opportunities for children within subsection (2).

(4)

Subsection (1) does not require a local authority to take steps in relation to a particular child.

(5)

A local authority must appoint at least one person for the purpose of discharging the duty under subsection (1).

(6)

A person appointed by a local authority under subsection (5) must be an officer employed by that authority or another local authority.”

In subsection (1), after paragraph (b) insert—

“(c)

the arrangements that the local authority has in place for the purpose of supporting and assisting care leavers in their transition to adulthood and independent living.”

In subsection (2), after paragraph (f) insert—

“(g)

financial literacy.”

After subsection (2) insert—

“(2A)

Information required to be published by a local authority under subsection (1)(c) includes information about the authority’s arrangements for—

(a)

enabling it to anticipate the future needs of care leavers in respect of accommodation and services of a kind mentioned in subsection (2);

(b)

co-operating with local housing authorities in its area in assisting former relevant children aged under 25 to find and keep suitable accommodation;

(c)

providing assistance to find and keep suitable accommodation to former relevant children aged under 25—

(i)

who are at risk of homelessness, or

(ii)

in the case of former relevant children detained in prison, a young offender institution or a secure training centre, on their release from detention;

(d)

providing financial support for care leavers;

(e)

assisting former relevant children aged under 25 to access services of a kind mentioned in subsection (2).

(2B)

Information published for the purposes of subsection (2A)(c)(i) must include information about the authority’s arrangements for early intervention to prevent former relevant children aged under 25 from becoming homeless.”

After section 213A of the Housing Act 1996 (homelessness: co-operation in certain cases involving children) insert—

“213AADuty of local housing authority in England to notify in certain cases involving children

(1)

This section applies where a local housing authority in England secures that accommodation is available for occupation by a child, in response to an application for assistance under this Part, unless securing that such accommodation is available means the authority ceases to be subject to the duty under section 193.

(2)

Except as provided in subsection (3), the authority must ask the parent of the child—

(a)

to agree to the authority notifying each relevant body applicable to the child that accommodation has been secured for the child as mentioned in subsection (1), and

(b)

if that agreement is given, to provide the authority with information about those bodies to enable the authority to identify each relevant body applicable to the child.

(3)

If the child—

(a)

is 16 or 17 years old,

(b)

is living independently from their parents, and

(c)

is the applicant for assistance within the meaning of section 183(2),

the authority must ask the child as provided in subsection (2)(a) and (b).

(4)

If the parent or child (as the case may be) agrees to the authority making the notification mentioned in subsection (2)(a), the authority must take reasonable steps to notify each relevant body applicable to the child within 14 days beginning with the latest of—

(a)

the day on which the authority receives agreement,

(b)

the day on which the information about the relevant body is provided to the authority, and

(c)

the day on which the child is placed in accommodation.

(5)

The duties in subsections (2) and (4) only arise once in relation to each application for assistance under this Part.

(6)

In this section “relevant body” means—

(a)

the general medical practice in England with which the child is registered;

(b)

the body in the child’s local authority area in England through which health visiting services are available to the child;

(c)

the appropriate authority of a relevant educational institution in England at which the child is a registered pupil or student.

(7)

The Secretary of State may make provision by regulations for the purposes of this section—

(a)

specifying any other description of body as a “relevant body”;

(b)

specifying any other institution as a relevant educational institution;

(c)

specifying the appropriate authority to be notified under this section in relation to an institution specified under paragraph (b).

(8)

In this section—

“appropriate authority” means—

(a)

in relation to an Academy, a non-maintained special school, a special post-16 institution, an independent school or a provider of post-16 education or training, the proprietor;

(b)

in relation to a school maintained by a local authority or an institution within the further education sector, the governing body;

“child” means a person under the age of 18;

“parent” in relation to a child, includes any person—

(a)

who is not a parent of the child but who has parental responsibility for the child, or

(b)

who has care of the child, disregarding any absence of the child at a hospital or boarding school or any other temporary absence;

“parental responsibility” has the meaning given by section 3 of the Children Act 1989;

“proprietor” means the person or body of persons responsible for the management of the school or institution;

“relevant educational institution” means—

(a)

an Academy (as defined by section 579(1) of the Education Act 1996) other than a secure 16-19 Academy (within the meaning of section 1B(7) of the Academies Act 2010);

(b)

a school maintained by a local authority (within the meaning of section 142(1) of the School Standards and Framework Act 1998);

(c)

a non-maintained special school (within the meaning of section 337A of the Education Act 1996);

(d)

an independent school (within the meaning of section 463 of the Education Act 1996);

(e)

an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992);

(f)

a special post-16 institution (within the meaning of section 83 of the Children and Families Act 2014);

(g)

a provider of post-16 education or training that provides the kind of education or training mentioned in section 123(1)(d) or (g) of the Education and Inspections Act 2006;

(h)

a provider of post-16 education or training that provides education or training, other than in institutions within the further education sector, which is suitable to the requirements of persons aged 16 or over but under 19 and funded wholly or partly by the Secretary of State.”

After section 22I (inserted by section 5) insert—

“Accommodation of looked after children: regional co-operation arrangements

22JAccommodation of looked after children: regional co-operation arrangements

(1)

The Secretary of State may give directions requiring two or more local authorities to make regional co-operation arrangements.

(2)

“Regional co-operation arrangements” means arrangements—

(a)

for the local authorities to carry out their strategic accommodation functions jointly,

(b)

for the local authorities’ strategic accommodation functions to be carried out by one of the local authorities on behalf of the others, or

(c)

for a body corporate to support the local authorities in carrying out their strategic accommodation functions.

(3)

A local authority’s “strategic accommodation functions” are—

(a)

assessing current and future requirements for the accommodation of children being looked after by the local authority,

(b)

developing and publishing strategies for meeting those requirements,

(c)

commissioning the provision of accommodation for children being looked after by the local authority,

(d)

recruiting prospective local authority foster parents and supporting local authority foster parents,

(e)

developing, or facilitating the development of, new provision for the accommodation of children being looked after by the local authority, and

(f)

any other functions relating to a local authority’s duties under section 22A, 22C or 22G that are specified in regulations made by the Secretary of State.

(4)

Before making regulations under subsection (3)(f) the Secretary of State must consult—

(a)

local authorities, and

(b)

such other persons (if any) as the Secretary of State considers appropriate.

(5)

A direction under subsection (1) may—

(a)

specify which of the three kinds of regional co-operation arrangements the local authorities must make, or

(b)

specify more than one kind of regional co-operation arrangement (“the permitted arrangements”) and require the local authorities to determine which of the permitted arrangements to make.

(6)

A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(b) may—

(a)

specify which local authority is to carry out the strategic accommodation functions, or

(b)

require the local authorities to determine which of them is to carry out the strategic accommodation functions.

(7)

A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(c) may—

(a)

specify the kind of body corporate with which the arrangements may be made;

(b)

require a body corporate to be established for the purposes of the arrangements.

(8)

If a direction requires a body corporate to be established, it may—

(a)

specify which of the local authorities is to establish the body corporate, or

(b)

require the local authorities to determine which of them is to establish it.

(9)

The Secretary of State may give a direction requiring a local authority to terminate arrangements made in accordance with a direction under subsection (1).

(10)

A direction under this section may make different provision for different purposes.”

After subsection (1) insert—

“(1A)

Subject to the following provisions of this section, a child who is being looked after by a local authority in England or Wales may not, whilst being kept in relevant accommodation in England, be deprived of their liberty in that accommodation unless it appears—

(a)

that—

(i)

the child has a history of absconding and is likely to abscond from any other description of accommodation, and

(ii)

if the child absconds, the child is likely to suffer significant harm, or

(b)

that if the child is kept in any other description of accommodation the child is likely to injure themselves or other persons.

(1B)

References in this section to “relevant accommodation” are references to accommodation that—

(a)

is provided for the purposes of the care and treatment of children, and

(b)

is capable of being used (in whole or in part), in connection with the provision of such care and treatment, for the purpose of depriving children of their liberty.”

After subsection (5) insert—

“(5ZA)

Subsections (3) to (5) apply in respect of depriving a child of their liberty in relevant accommodation as they apply in respect of the keeping of a child in secure accommodation.”

After subsection (8) insert—

“(8ZA)

For the purposes of this section—

(a)

references in subsection (1) to any other description of accommodation do not include relevant accommodation;

(b)

references in subsection (1A) to any other description of accommodation do not include secure accommodation.”

After section 23 insert—

“Powers of CIECSS in relation to parent undertakings (England)

23AImprovement plan notice

(1)

The CIECSS may serve an improvement plan notice on a parent undertaking if it has—

(a)

a subsidiary undertaking which meets the requirements of subsection (2);

(b)

two or more subsidiary undertakings which meet the requirements of subsection (3).

(2)

A subsidiary undertaking meets the requirements of this subsection if—

(a)

the subsidiary undertaking is registered under this Part as carrying on two or more establishments or agencies for which the CIECSS is the registration authority, and

(b)

the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of two or more of those establishments or agencies.

(3)

A subsidiary undertaking meets the requirements of this subsection if—

(a)

the subsidiary undertaking is registered under this Part as carrying on one or more establishments or agencies for which the CIECSS is the registration authority, and

(b)

the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of one or more of those establishments or agencies.

(4)

An “improvement plan notice” is a written notice which—

(a)

identifies each subsidiary undertaking which meets the requirements of subsection (2) or (3),

(b)

identifies in the case of each of those subsidiary undertakings—

(i)

the establishments or agencies in respect of which the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration, and

(ii)

the issues which have led the CIECSS to have those reasonable suspicions,

(c)

requires the parent undertaking to prepare and submit to the CIECSS an improvement plan,

(d)

specifies the period within which the plan must be submitted, and

(e)

provides information about the possible consequences of not complying with the notice.

(5)

An “improvement plan” is a plan which—

(a)

sets out the action the parent undertaking is proposing to take to address the issues identified in the improvement plan notice,

(b)

specifies the date by which the action will be taken, and

(c)

names an individual who meets the requirements of subsection (6).

(6)

The requirements are—

(a)

the individual has a significant role in the management of the parent undertaking, and

(b)

the individual may reasonably be expected to be in a position to ensure that the parent undertaking complies with the requirement imposed by section 23B(5) (requirement to implement an improvement plan).

(7)

The period mentioned in subsection (4)(d) must not be less than the period of 28 days beginning with the day on which the improvement plan notice is served on the parent undertaking.

(8)

The CIECSS may withdraw an improvement plan notice by serving written notice on the parent undertaking.

(9)

Where the CIECSS serves a notice on a parent undertaking under this section, the CIECSS must also serve a copy of the notice on the subsidiary undertakings identified in the improvement plan notice.

(10)

In this section and sections 23B to 23D, “parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.

23BImprovement plans

(1)

This section applies where a parent undertaking has submitted an improvement plan to the CIECSS.

(2)

If the CIECSS is satisfied that—

(a)

the plan meets the requirements in section 23A(5), and

(b)

the plan will be effective in addressing the issues identified in the improvement plan notice,

the CIECSS must approve the plan; otherwise the CIECSS must reject it giving reasons for doing so.

(3)

The CIESS must—

(a)

serve written notice of the decision on the parent undertaking, and

(b)

serve a copy of that notice on the subsidiary undertakings identified in the improvement plan notice.

(4)

If the CIECSS rejects the improvement plan, the parent undertaking is to be taken as having failed to comply with the improvement plan notice.

(5)

If the CIECSS approves the improvement plan, the parent undertaking must implement it in full.

(6)

If the CIECSS is satisfied that the improvement plan has been implemented in full—

(a)

the CIECSS must serve written notice on the parent undertaking informing it of that fact, and

(b)

the CIECSS must serve a copy of that notice on the subsidiary undertakings identified in the improvement plan notice.

(7)

Subsection (8) applies if the individual named in an improvement plan which has been approved by the CIECSS no longer meets the requirements in section 23A(6).

(8)

The parent undertaking which submitted the plan must—

(a)

modify the plan so as to name an individual who meets those requirements, and

(b)

serve written notice of the modification on the CIECSS.

(9)

A parent undertaking may otherwise modify an improvement plan which has been approved by the CIECSS only if the CIECSS agrees to the modification.

23CCancellation of improvement plan

(1)

The CIECSS may serve a written notice (a “cancellation notice”) on a parent undertaking cancelling an improvement plan which the CIECSS has approved.

(2)

The cancellation notice must specify the date on which the cancellation takes effect (which may be a date before the notice is served).

(3)

If a cancellation notice is served on a parent undertaking, the requirements mentioned in subsection (4) cease to apply to the undertaking (or are to be treated as having ceased to apply to the undertaking) from the date specified in the notice.

(4)

The requirements are—

(a)

the requirement imposed by section 23B(5) (requirement to implement improvement plan);

(b)

the requirement imposed by section 23B(8) (requirement to modify improvement plan to name another senior manager).

(5)

The CIECSS must serve a copy of the cancellation notice on the subsidiary undertakings identified in the improvement plan notice.

23DAppeals relating to decisions under sections 23A and 23B

(1)

A parent undertaking may appeal to the Tribunal against a decision of the CIECSS to—

(a)

serve an improvement plan notice on the parent undertaking, or

(b)

reject an improvement plan submitted by the parent undertaking.

(2)

An appeal under subsection (1) must be brought within the period of 28 days beginning with the decision date.

(3)

The “decision date” means—

(a)

if the appeal is against a decision to serve an improvement plan notice, the day on which the notice is served on the parent undertaking;

(b)

if the appeal is against a decision to reject an improvement plan, the day on which notice of that decision is served on the parent undertaking.

(4)

If an appeal is brought against a decision to serve an improvement plan notice, the requirement to prepare and submit an improvement plan is suspended during the period—

(a)

beginning with the decision date, and

(b)

ending with the day on which the appeal is finally determined or withdrawn.

(5)

But where an improvement plan has been approved under section 23B, such an appeal does not suspend the requirements imposed by—

(a)

section 23B(5) (requirement to implement improvement plan), or

(b)

section 23B(8) (requirement to modify improvement plan to name another senior manager).

(6)

On an appeal against a decision to serve an improvement plan notice, the Tribunal may—

(a)

confirm the decision, or

(b)

direct that it is to cease to have effect.

(7)

On an appeal against a decision to reject an improvement plan, the Tribunal may—

(a)

confirm the decision, or

(b)

direct the CIECSS to retake the decision as to whether to approve or reject the plan.”

In section 21 (appeals to Tribunal), after subsection (5) insert—

“(5A)

Subsection (1) does not apply to a decision of the CIECSS under—

(a)

section 23A(1) (service of improvement plan notices), or

(b)

section 23B(2) (rejection of improvement plans).”

After section 30ZB insert—

“Power of CIECSS to impose monetary penalties

30ZCPower of CIECSS to impose monetary penalties

(1)

The CIECSS may impose a monetary penalty on a person if the CIECSS is satisfied on the balance of probabilities that the person has failed to comply with—

(a)

an improvement plan notice served on the person under section 23A,

(b)

the requirement imposed by section 23B(5) (implementation of improvement plans), or

(c)

the requirement imposed by section 23B(8)(modification of improvement plans to name another senior manager).

(2)

The CIECSS may impose a monetary penalty on a person if—

(a)

the CIECSS is satisfied beyond reasonable doubt that an act or omission of the person constitutes an offence under this Part, and

(b)

the act or omission relates to an establishment or agency for which the CIECSS is the registration authority.

(3)

The CIECSS may not impose a monetary penalty under subsection (2) if—

(a)

the person has been convicted of an offence under this Part in respect of the act or omission,

(b)

criminal proceedings for an offence under this Part in respect of the act or omission have been instituted against the person and the proceedings have not been concluded, or

(c)

criminal proceedings for an offence under this Part in respect of the act or omission have been concluded and the person has not been convicted of the offence.

(4)

If the CIECSS has under subsection (2) imposed a monetary penalty on a person in respect of an act or omission (and the penalty has not been cancelled), the person may not be convicted of an offence under this Part in respect of it.

(5)

See Schedule 1A for further provision about monetary penalties under this section.

(6)

In this section references to an offence under this Part include an offence under regulations made under this Part.

30ZDCIECSS monetary penalties: publication of information

The Secretary of State may by regulations make provision requiring the CIECSS to publish information about monetary penalties imposed under section 30ZC, which may include information identifying—

(a)

the persons on whom penalties were imposed,

(b)

the dates they were imposed,

(c)

the grounds for imposing them, and

(d)

their amounts.”

In section 14(1) (grounds for cancelling registration) after paragraph (b) insert—

“(ba)

on the ground that a monetary penalty has been imposed on the person under section 30ZC;”.

In section 21 (appeals to Tribunal) after subsection (6) insert—

“(7)

Subsection (1) does not apply to a decision of the CIECSS—

(a)

to impose a monetary penalty under section 30ZC;

(b)

as to the amount of such a penalty.”

After section 30ZD (inserted by section 15) insert—

“Financial regulation (England)

30ZEPersons who are subject to financial oversight

(1)

A person is subject to financial oversight if the Secretary of State determines that the person is—

(a)

a relevant provider who meets one or more of the financial oversight conditions, or

(b)

a member of a relevant provider group which meets one or more of the financial oversight conditions.

(2)

A “financial oversight condition” is a condition specified in regulations made by the Secretary of State for the purposes of this section.

(3)

Before making the regulations the Secretary of State must have regard to the public interest in securing that—

(a)

a relevant provider is subject to financial oversight if the provider has a position of strategic significance in respect of the provision of relevant establishments or agencies;

(b)

a member of a relevant provider group is subject to financial oversight if the group has a position of strategic significance in that respect.

(4)

The conditions which may be specified in the regulations may, in particular, relate to—

(a)

the number of relevant establishments or agencies which are carried on by a relevant provider or a relevant provider group;

(b)

the size of those establishments or agencies;

(c)

the geographical concentration of those establishments or agencies;

(d)

the share of any market within England for the provision of relevant establishments or agencies which is held by a relevant provider or a relevant provider group.

(5)

Where the Secretary of State determines that a person is subject to financial oversight, the Secretary of State must serve written notice of the determination on the person.

(6)

The notice may require the person to name an individual who—

(a)

has a significant role in the management of the person, and

(b)

may reasonably be expected to be in a position to ensure that the person complies with any requirement imposed by or under section 30ZG, 30ZH or 30ZI.

(7)

In this section and sections 30ZF to 30ZJ—

“relevant establishment or agency” means—

(a)

a children’s home in England, or

(b)

a fostering agency in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England);

“relevant provider” means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies;

“relevant provider group” means—

(a)

a parent undertaking of a relevant provider, and

(b)

its relevant subsidiary undertakings;

“relevant subsidiary undertaking” means—

(a)

a relevant provider, or

(b)

a parent undertaking of a relevant provider;

“parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.

30ZFFinancial oversight period

(1)

A person is subject to financial oversight for the financial oversight period.

(2)

The “financial oversight period” is the period of 12 months beginning with the day on which the Secretary of State makes a determination under section 30ZE(1), but this is subject to subsection (3).

(3)

If the Secretary of State makes a further determination under section 30ZE(1)before the end of the financial oversight period, that period is extended until the end of the period of 12 months beginning with the day on which the further determination is made.

30ZGPower to require provision of recovery and resolution plan

(1)

The Secretary of State may serve a written notice on a person who is subject to financial oversight requiring the person to—

(a)

prepare a recovery and resolution plan, and

(b)

submit the plan to the Secretary of State before the end of the period specified in the notice.

(2)

A recovery and resolution plan is a plan containing information about—

(a)

the nature and extent of any risk to the financial sustainability of the person,

(b)

the action the person proposes to take to mitigate or eliminate those risks,

(c)

any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised, and

(d)

the action the person proposes to take to reduce those adverse impacts if they arise.

(3)

The period mentioned in subsection (1)(b) must not be less than 28 days beginning with the day on which the notice is served on the person.

(4)

Subsection (5) applies where the person on whom the Secretary of State serves a notice under subsection (1) is a parent undertaking of a relevant provider.

(5)

The Secretary of State may also require that the information provided under subsection (2)(a) is to include information about the nature and extent of any risks to the financial sustainability of the relevant subsidiary undertakings of the parent undertaking.

(6)

The Secretary of State may serve written notice on a person who has submitted a recovery and resolution plan requiring the person to provide an explanation of any information contained in the plan.

(7)

Subsection (8) applies where—

(a)

a person has submitted a recovery and resolution plan to the Secretary of State,

(b)

there is a material change to the matters mentioned in subsection (2), and

(c)

the person is subject to financial oversight when the change occurs.

(8)

The person must inform the Secretary of State of the change as soon as is reasonably practicable.

30ZHPower to require information

(1)

The Secretary of State may serve a written notice on a person who is subject to financial oversight requiring the person to provide such information as the Secretary of State considers it necessary or expedient to have for the purpose of assessing—

(a)

the nature and extent of any risks to the financial sustainability of the person;

(b)

the action the person could take to mitigate or eliminate those risks;

(c)

any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised;

(d)

the action the person could take to reduce those adverse impacts if they arise.

(2)

Subsection (3) applies where the Secretary of State serves a notice under subsection (1) on a person who is a parent undertaking of a relevant provider.

(3)

Where this subsection applies, the power under subsection (1)(a) includes the power to require information for the purposes of assessing the nature of any risks to the financial sustainability of the relevant subsidiary undertakings of the person.

(4)

The power under subsection (1) includes the power to require the provision of—

(a)

an explanation of any information required under that subsection,

(b)

copies of any documents or records, and

(c)

a legible copy of information recorded otherwise than in legible form.

(5)

Subsection (6) applies where—

(a)

a person provides information to the Secretary of State under this section,

(b)

there is a material change to that information, and

(c)

the person is subject to financial oversight when the change occurs.

(6)

The person must inform the Secretary of State of the change as soon as is reasonably practicable.

30ZIPower to arrange for independent business review

(1)

The Secretary of State may arrange for a qualified person to carry out an independent business review in relation to a person who is subject to financial oversight (a “reviewed person”) if satisfied that either or both of the conditions in subsection (2) are met.

(2)

The conditions are—

(a)

there is a significant risk to the financial sustainability of the reviewed person, or

(b)

where the reviewed person is a parent undertaking of a relevant provider, there is a significant risk to the financial sustainability of one or more of their relevant subsidiary undertakings.

(3)

An “independent business review” is a review of—

(a)

the nature and extent of any relevant financial sustainability risks;

(b)

the action the reviewed person could take to mitigate or eliminate those risks;

(c)

any adverse impacts on local authorities, and children looked after by local authorities, that might result if those risks materialised;

(d)

the action the reviewed person could take to reduce those adverse impacts if they arise.

(4)

A “relevant financial sustainability risk” means—

(a)

where the Secretary of State is satisfied that the condition in subsection (2)(a) is met, a risk to the financial sustainability of the reviewed person;

(b)

where the Secretary of State is satisfied that the condition in subsection (2)(b) is met, a risk to the financial sustainability of the relevant subsidiary undertakings mentioned in that subsection.

(5)

A person is “qualified” to carry out an independent business review if the Secretary of State is satisfied that the person—

(a)

is independent of the reviewed person and the Secretary of State, and

(b)

has the skills necessary to carry out the review.

(6)

Where the Secretary of State arranges for a qualified person to carry out an independent business review, the Secretary of State must serve a written notice on the reviewed person informing the person of that fact.

(7)

The notice may make provision for the reviewed person to be liable to the Secretary of State for payment of the qualified person’s remuneration and expenses relating to the review.

(8)

An amount payable to the Secretary of State under the notice is recoverable, if a county court so orders, as if it were payable under an order of that court.

(9)

The reviewed person must give the qualified person all such assistance as the qualified person may reasonably require to carry out the review.

30ZJDuty to issue advance warning notice

(1)

The Secretary of State must serve a written notice (an “advance warning notice”) on a local authority if the Secretary of State considers that—

(a)

there is a real possibility that one or more relevant establishments or agencies will cease to be carried on because of any risk to the financial sustainability of a person who is subject to financial oversight, and

(b)

the local authority, or any children looked after by the local authority, might be adversely affected if that were to happen.

(2)

An advance warning notice must—

(a)

identify the establishments or agencies mentioned in subsection (1);

(b)

inform the local authority that the Secretary of State considers that there is a real possibility that those establishments or agencies will cease to be carried on for the reasons mentioned in that subsection, and

(c)

explain why the Secretary of State considers that the local authority, or children looked after by the local authority, might be adversely affected if that were to happen.

(3)

Where the Secretary of State serves an advance warning notice under subsection (1), the Secretary of State must also—

(a)

serve a copy of the notice on the CIECSS, and

(b)

inform the person who is registered as carrying on the establishments or agencies identified in the notice that an advance warning notice has been served in relation to those establishments or agencies.”

After section 30ZJ (inserted by section 16(2)) insert—

“30ZKPower to limit profits of relevant providers

(1)

The Secretary of State may by regulations provide that any profit made by a relevant provider from carrying on relevant establishments or agencies must not exceed an amount specified in, or determined in accordance with, the regulations.

(2)

“Relevant provider” means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies.

(3)

“Relevant establishments or agencies” are—

(a)

children’s homes in England, and

(b)

fostering agencies in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England).

(4)

The regulations may make provision about how the profit made by a relevant provider from carrying on relevant establishments or agencies is to be determined.

(5)

The provision that may be made by virtue of subsection (4) includes provision about making adjustments for disguised profit arrangements.

(6)

Arrangements are “disguised profit arrangements” if—

(a)

having regard to all the circumstances, it would be reasonable to conclude that the main purpose, or one of the main purposes, of the arrangements was to reduce profit, and

(b)

they meet any other conditions specified in the regulations.

(7)

The Secretary of State may make regulations under this section only if satisfied that it is necessary to do so, having regard to the public interest in securing that relevant providers are providing placements on terms which represent value for money.

(8)

Before making regulations under this section the Secretary of State must have regard to—

(a)

the welfare of children being looked after by local authorities in England,

(b)

the interests of local authorities in England, and

(c)

the interests of relevant providers (including the opportunity to make a profit).

(9)

Before making regulations under this section the Secretary of State must consult—

(a)

local authorities in England,

(b)

any persons appearing to the Secretary of State to represent the interests of relevant providers, and

(c)

such other persons (if any) as the Secretary of State considers appropriate.

30ZLPower to limit profits of relevant providers: supplementary provision

(1)

The Secretary of State may by regulations require relevant providers to make an annual return to the Secretary of State for the purpose of determining whether they have complied with any requirement imposed by regulations under section 30ZK.

(2)

Regulations under this section may make provision—

(a)

about the contents of the return;

(b)

about the period in respect of which, and date by which, it is to be made.

(3)

Regulations under this section may make provision conferring on the Secretary of State powers to require the provision of information from relevant providers in connection with the contents of the return.

(4)

“Relevant provider” has the same meaning as in section 30ZK.”

In section 25 (power for regulations to create offences), after subsection (2) insert—

“(2A)

Subsection (1) does not apply to regulations under section 30ZK or 30ZL (power to limit profits).”

In section 118 (orders and regulations), in subsection (2B) (inserted by section 16(3)) after paragraph (a) insert—

“(b)

section 30ZK;”.

In the Care Standards Act 2000, after section 30ZL (inserted by section 17) insert—

“30ZMPower of Secretary of State to impose monetary penalties

(1)

The Secretary of State may impose a monetary penalty on a person if the Secretary of State is satisfied on the balance of probabilities that the person has failed to comply with—

(a)

any requirement imposed by or under section 30ZE, 30ZG, 30ZH or 30ZI (financial oversight);

(b)

any requirement imposed by or under regulations under section 30ZK or 30ZL (power to limit profits).

(2)

See Schedule 1A for further provision about monetary penalties under this section.

(3)

The Secretary of State may publish information about monetary penalties imposed under this section, including information identifying—

(a)

the persons on whom penalties were imposed,

(b)

the dates they were imposed,

(c)

the grounds for imposing them, and

(d)

their amounts.”

After section 30ZM (inserted by section 18) insert—

“Monetary penalties: procedure etc

30ZNMonetary penalties: procedure etc

Schedule 1A makes provision about—

(a)

monetary penalties imposed by the CIECSS under section 30ZC, and

(b)

monetary penalties imposed by the Secretary of State under 30ZM.”

After Schedule 1 insert—

“Schedule 1AMonetary penalties under Part 2

Section 30ZN

Interpretation

1

(1)

In this Schedule “monetary penalty” means—

(a)

a monetary penalty under section 30ZC;

(b)

a monetary penalty under section 30ZM.

(2)

In this Schedule the “relevant authority” means—

(a)

in relation to a monetary penalty under section 30ZC, the CIECSS;

(b)

in relation to a monetary penalty under section 30ZM, the Secretary of State.

Notice of intention to impose monetary penalty

2

(1)

Before imposing a monetary penalty on a person, the relevant authority must serve on the person a notice (a “notice of intention”) stating that the relevant authority proposes to impose the penalty.

(2)

A notice of intention must—

(a)

state the reasons for the proposal to impose a penalty;

(b)

state the amount of the proposed penalty;

(c)

inform the person that the person may, before the end of the period of 28 days beginning with the day on which the notice is served on the person, make written representations to the relevant authority about the proposal.

(3)

If at any time after the notice of intention is served the relevant authority decides not to impose a monetary penalty on the person, the relevant authority must serve on the person a notice to that effect.

(4)

The relevant authority may not decide to impose a monetary penalty on the person before—

(a)

the relevant authority has considered any written representations made before the end of the period mentioned in sub-paragraph (2)(c),

(b)

the person has notified the relevant authority in writing that they do not intend to make representations, or

(c)

the period mentioned in sub-paragraph (2)(c) has ended without any written representations having been made.

Imposition of monetary penalty

3

(1)

If the relevant authority decides to impose a monetary penalty on the person, the relevant authority must (subject to sub-paragraphs (2) and (3)) serve on the person a notice to that effect.

(2)

A notice imposing a penalty under section 30ZC(1) or 30ZM (penalty for failure to comply with requirements) may not be served—

(a)

more than 6 months after the relevant authority first has sufficient evidence to be satisfied on the balance of probabilities that the failure to comply occurred, or

(b)

more than 3 years after the failure to comply occurred,

(whichever is earlier).

(3)

A notice imposing a penalty under section 30ZC(2) (penalty for act or omission constituting an offence) may not be served after the end of the period within which proceedings could be brought for the offence in question (see section 29).

(4)

A notice imposing a penalty (a “penalty notice”) must—

(a)

state the reasons for imposing the penalty;

(b)

state the amount of the penalty;

(c)

state how the penalty may be paid;

(d)

state the period within which the penalty must be paid;

(e)

inform the person of the right to appeal under paragraph 6;

(f)

explain the consequences of non-payment.

(5)

The period specified under sub-paragraph (4)(d) must not be less than 28 days beginning with the day on which the penalty notice is served on the person.

(6)

The person must pay the penalty before the end of—

(a)

the period specified under sub-paragraph (4)(d), or

(b)

if an appeal is brought under paragraph 6, the period of 28 days beginning with the day on which the appeal is withdrawn or finally determined (if the penalty notice then has effect).

(7)

Where a penalty notice has been served on a person, the relevant authority may cancel or vary it by serving on the person a notice to that effect (but may not vary it so as to increase the amount of the penalty or reduce the period within which it may be paid).

Amount of monetary penalty

4

(1)

Subject to sub-paragraphs (2) to (4), a monetary penalty may be of any amount.

(2)

The Secretary of State may by regulations set the maximum amount of a penalty imposed under section 30ZC(1) or 30ZM (penalty for failure to comply with requirements).

(3)

The amount of a penalty imposed by the CIECSS under section 30ZC(2) (penalty for act or omission constituting an offence) may not exceed the amount of the fine that may be imposed on summary conviction for the offence in question (where that is not an unlimited amount).

(4)

In deciding the amount of a monetary penalty, the relevant authority must consider—

(a)

the nature and seriousness of the failure to comply, or the act or omission, for which the penalty is to be imposed;

(b)

whether there are any mitigating or aggravating factors;

(c)

whether the person has previously failed to comply with, or committed offences under, this Part or regulations made under it;

(d)

the likely impact of the monetary penalty on the person.

Interest and recovery

5

(1)

This paragraph applies if all or part of a monetary penalty is unpaid by the time when it is required to be paid.

(2)

The unpaid amount of the penalty for the time being carries interest at the rate specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section).

(3)

The total amount of interest imposed must not exceed the amount of the penalty.

(4)

The unpaid amount of the penalty and any unpaid interest may be recovered by the relevant authority as a debt.

Right of appeal against imposition of monetary penalty

6

(1)

A person on whom a penalty notice has been served may appeal to the Tribunal against the decision of the relevant authority—

(a)

to impose the penalty;

(b)

as to the amount of the penalty.

(2)

An appeal under this paragraph may not be brought after the end of the period of 28 days beginning with the day on which the penalty notice was served on the person.

(3)

On an appeal under this paragraph the Tribunal may—

(a)

confirm the penalty notice,

(b)

direct that the penalty notice ceases to have effect, or

(c)

in the case of an appeal against the amount of the penalty, vary the amount.”

In section 118 (orders and regulations), in subsection (2B) (inserted by section 16(3)) after paragraph (b) (inserted by section 17(4)) insert—

“(c)

paragraph 4(2) of Schedule 1A.”

In the Care Standards Act 2000, after section 30ZN (inserted by section 19(2)) insert—

“Information sharing

30ZOInformation sharing

(1)

The Secretary of State may require the CIECSS to provide relevant information to the Secretary of State for use in connection with the Secretary of State’s functions under this Part.

(2)

The CIECSS may otherwise provide relevant information to the Secretary of State for use in connection with those functions.

(3)

The Secretary of State may provide relevant information to the CIECSS for use in connection with the CIECSS’s functions under this Part.

(4)

“Relevant information” means information held by a person in connection with their functions under this Part.

(5)

The Secretary of State may provide financial oversight information to the Care Quality Commission for use in connection with the Commission’s functions under sections 54 to 56 of the Care Act 2014.

(6)

“Financial oversight information” means information held by the Secretary of State in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ.

(7)

This section does not limit the circumstances in which information may be disclosed apart from this section.

(8)

A disclosure of information authorised by or required under this section does not breach—

(a)

any obligation of confidence owed by the person making the disclosure, or

(b)

any other restriction on the disclosure of information (however imposed).”

In the Care Act 2014, after section 56 insert—

“56AProvision of information to the Secretary of State

(1)

The Care Quality Commission may provide market oversight information to the Secretary of State for use in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ of the Care Standards Act 2000.

(2)

“Market oversight information” means information held by the Commission in connection with its functions under sections 54 to 56.

(3)

A disclosure of information authorised by subsection (1) does not breach—

(a)

any obligation of confidence owed by the person making the disclosure, or

(b)

any other restriction on the disclosure of information (however imposed).”

In section 1 of the Children and Social Work Act 2017, after subsection (4) insert—

“(5)

See also section 25 of the Children’s Wellbeing and Schools Act 2026, which requires local authorities in England to collaborate with other bodies in performing their respective corporate parenting duties.”

For section 18 substitute—

“18Restrictions on employment of children

(1)

A child may not be employed to work—

(a)

so long as the child is under the age of 14 (subject to regulations under subsection (2));

(b)

to do any work other than light work;

(c)

to do work of a description specified in regulations made by the appropriate national authority;

(d)

before 7.00 a.m. or after 8.00 p.m. on any day;

(e)

on any day on which the child is required to attend school—

(i)

for more than one hour before the start of school hours,

(ii)

during school hours, or

(iii)

for more than two hours in total in the day;

(f)

for more than 12 hours in any week in which the child is required to attend school;

(g)

for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;

(h)

for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;

(i)

for more than four hours in any day without a break of one hour;

(j)

at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.

(2)

The appropriate national authority may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.

(3)

A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the appropriate national authority.

(4)

The appropriate national authority may by regulations—

(a)

make provision in relation to child employment permits;

(b)

provide that subsection (3) does not apply in specified cases or circumstances;

(c)

make provision about the keeping of records.

(5)

The provision that may be made in reliance on subsection (4)(a) includes provision—

(a)

authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;

(b)

requiring a local authority to have regard to specified matters when determining an application;

(c)

for the grant of a child employment permit subject to conditions determined by a local authority;

(d)

requiring a child employment permit to contain specified information;

(e)

authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;

(f)

about appeals against—

(i)

a decision to reject an application, or

(ii)

the revocation of a child employment permit;

(g)

imposing requirements on persons employing children (including requirements to produce child employment permits for inspection);

(h)

requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in England or Wales or to a local authority in Scotland.

(6)

The appropriate national authority may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—

(a)

specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;

(b)

specifying the intervals to be allowed to children for meals and breaks, when in employment;

(c)

about entitlement to leave;

(d)

specifying other conditions to be met in relation to the employment of children.

(7)

Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—

(a)

under the authority of a licence granted under this Part, or

(b)

in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.

(8)

In this section—

“appropriate national authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

“light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed—

(a)

is not likely to be harmful to the safety, health or development of children, and

(b)

is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 7 of the Education Act 1996 or to their participation in work experience in accordance with section 560 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be);

“local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

“specified”, in relation to regulations made under any provision of this section, means specified in the regulations;

“week” means any period of seven consecutive days;

“year” means a period of 12 months beginning with 1 January.

18ARegulations under section 18: further provision

(1)

Regulations under section 18 may—

(a)

make different provision for different purposes or areas;

(b)

make provision subject to exceptions;

(c)

make transitional or saving provision.

(2)

Regulations under section 18 may provide for the processing of information in accordance with the regulations not to be in breach of—

(a)

any obligation of confidence owed by the person processing the information, or

(b)

any other restriction on the processing of information (however imposed).

(3)

Regulations under section 18 made by the Secretary of State are to be made by statutory instrument.

(4)

Regulations under section 18 made by the Welsh Ministers are to be made by Welsh statutory instrument.

(5)

A statutory instrument containing regulations made by the Secretary of State under section 18 is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)

Regulations made by the Welsh Ministers under section 18 are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).

(7)

In this section “processing” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

For section 28 substitute—

“28Restrictions on employment of children

(1)

A child may not be employed to work—

(a)

so long as the child is under the age of 14 (subject to regulations under subsection (2));

(b)

to do any work other than light work;

(c)

to do work of a description specified in regulations made by the Scottish Ministers;

(d)

before 7.00 a.m. or after 8.00 p.m. on any day;

(e)

on any day on which the child is required to attend school—

(i)

for more than one hour before the start of school hours,

(ii)

during school hours, or

(iii)

for more than two hours in total in the day;

(f)

for more than 12 hours in any week in which the child is required to attend school;

(g)

for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;

(h)

for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;

(i)

for more than four hours in any day without a break of one hour;

(j)

at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.

(2)

The Scottish Ministers may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.

(3)

A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the Scottish Ministers.

(4)

The Scottish Ministers may by regulations—

(a)

make provision in relation to child employment permits;

(b)

provide that subsection (3) does not apply in specified cases or circumstances;

(c)

make provision about the keeping of records.

(5)

The provision that may be made in reliance on subsection (4)(a) includes provision—

(a)

authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;

(b)

requiring a local authority to have regard to specified matters when determining an application;

(c)

for the grant of a child employment permit subject to conditions determined by a local authority;

(d)

requiring a child employment permit to contain specified information;

(e)

authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;

(f)

about appeals against—

(i)

a decision to reject an application, or

(ii)

the revocation of a child employment permit;

(g)

imposing requirements on persons employing children (including requirements to produce child employment permits for inspection);

(h)

requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in Scotland, to a local authority in England or to a local authority in Wales.

(6)

The Scottish Ministers may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—

(a)

specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;

(b)

specifying the intervals to be allowed to children for meals and breaks, when in employment;

(c)

about entitlement to leave;

(d)

specifying other conditions to be met in relation to the employment of children.

(7)

Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—

(a)

under the authority of a licence granted under this Part, or

(b)

in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.

(8)

In this section—

“light work” means work which, on account of the inherent nature of the tasks which it involves and the particular conditions under which they are performed—

(a)

is not likely to be harmful to the safety, health or development of children, and

(b)

is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 30 of the Education (Scotland) Act 1980 or to their participation in work experience in accordance with section 123 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be);

“local authority in England” and “local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

“specified”, in relation to regulations made under any provision of this section, means specified in the regulations;

“week” means any period of seven consecutive days;

“year” means a period of 12 months beginning with 1 January.

28ARegulations under section 28: further provision

(1)

Regulations under section 28 may—

(a)

make different provision for different purposes or areas;

(b)

make provision subject to exceptions;

(c)

make transitional or saving provision.

(2)

Regulations under section 28 may provide for the processing of information in accordance with the regulations not to be in breach of—

(a)

any obligation of confidence owed by the person processing the information, or

(b)

any other restriction on the processing of information (however imposed).

(3)

Regulations under section 28 are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

(4)

In this section “processing” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

In section 512B of the Education Act 1996 (provision of school lunches: Academies), after subsection (3) insert—

“(4)

Subsections (1) and (3) apply to an agreement under section 482 in relation to a city technology college or a city college for the technology of the arts as they apply to Academy arrangements in relation to an Academy school or an alternative provision Academy.”

After section 512B of the Education Act 1996 insert—

“512CSchool food standards: Academies

(1)

Academy arrangements in relation to an Academy school or an alternative provision Academy must include—

(a)

provision imposing requirements relating to food or drink provided for registered pupils that are equivalent to the requirements prescribed by regulations under section 114A(1) of the School Standards and Framework Act 1998 (food and drink provided on premises of maintained schools etc), and

(b)

provision imposing duties on the proprietor that are equivalent to the duties imposed by section 114A(4) and (6) of that Act on a local authority or the governing body of a school maintained by a local authority.

(2)

Subsection (1) applies only to the extent that the provision mentioned there is not already required to be included in Academy arrangements by section 512B.

(3)

Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the day on which section 31 of the Children’s Wellbeing and Schools Act 2026 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.

(4)

Subsections (1) and (3) apply to an agreement under section 482 in relation to a city technology college or a city college for the technology of the arts as they apply to Academy arrangements in relation to an Academy school or an alternative provision Academy.”

After subsection (5) insert—

“(5A)

Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or any person providing services to the Secretary of State, for use for the purpose of determining whether relevant financial assistance is payable or expendable in respect of a person in England.

(5B)

Information to which subsection (2) applies may be supplied to a local authority in England or the appropriate authority of a relevant school in England for use for the purpose mentioned in subsection (5A).

(5C)

Information received by virtue of subsection (5A) may be supplied—

(a)

to another person to whom it could have been supplied under that subsection,

(b)

to a local authority in England, or

(c)

to the appropriate authority of a relevant school in England,

for use for the purpose mentioned in subsection (5A).

(5D)

A person who (after receiving information by virtue of this section) makes a determination described in subsection (3) or (5A) in respect of a person in England may communicate the determination to—

(a)

a parent of the person in respect of whom the determination was made,

(b)

a local authority in England, or

(c)

the appropriate authority of a relevant school in England.

(5E)

The communication may include information about the statutory provision or the arrangements under which the person in respect of whom the determination is made is eligible for free school lunches.”

After subsection (6), insert—

“(6A)

The references in this section to a local authority in England include references to any person exercising on behalf of such an authority functions relating to eligibility for free school lunches and milk or relating to relevant financial assistance.”

For subsections (7) and (8) substitute—

“(7)

For the purposes of this section, determining “eligibility for free school lunches and milk” means determining—

(a)

whether school lunches or milk must be provided for a person, free of charge and on request, in accordance with—

(i)

section 512ZB(2) or (3) of the Education Act 1996,

(ii)

regulations under section 342 of that Act (non-maintained special schools), or

(iii)

Academy arrangements;

(b)

whether school lunches or milk may or must be provided for a person, free of charge, by a local authority in England or the appropriate authority of a relevant school in England in accordance with one or both of the following—

(i)

the terms of relevant financial assistance;

(ii)

guidance issued by the Secretary of State.

(8)

The reference to school lunch in subsection (7)(b) includes food equivalent to a school lunch provided for a person educated otherwise than at school.

(8A)

In this section—

“the appropriate authority” means—

(a)

in relation to a community, foundation or voluntary school or a community or foundation special school, the governing body;

(b)

in relation to a pupil referral unit, the local authority which maintains the unit;

(c)

in relation to any other kind of relevant school, the proprietor;

“functions relating to social security” includes functions relating to Part 6 of the Immigration and Asylum Act 1999;

“relevant financial assistance” means financial assistance given under section 14 of the Education Act 2002—

(a)

to a local authority in England or the appropriate authority of a relevant school in England, and

(b)

in connection with child welfare or the provision of education;

“relevant school” means—

(a)

an Academy school,

(b)

an alternative provision Academy,

(c)

a community, foundation or voluntary school,

(d)

a community or foundation special school,

(e)

a non-maintained special school (within the meaning given by section 337A of the Education Act 1996),

(f)

a pupil referral unit, or

(g)

a city technology college or city college for the technology of the arts;

“school lunch” has the same meaning as in section 512 of the Education Act 1996.”

After section 100 of the Children and Families Act 2014 insert—

“100AAllergy safety policy

(1)

The arrangements made under section 100 by the appropriate authority for a school to which that section applies must include an allergy safety policy.

(2)

An “allergy safety policy” is a policy for the management of allergies affecting pupils at the school (including the management of pupils at risk of anaphylaxis).

(3)

The Secretary of State may by regulations make provision about matters that must be covered in an allergy safety policy.

(4)

The appropriate authority—

(a)

must, at least once every year, review the school’s allergy safety policy;

(b)

must make such changes to the policy as it considers appropriate following a review.

(5)

The appropriate authority must publicise the school’s allergy safety policy in the form of a written document by—

(a)

making the policy generally known within the school and to parents of pupils at the school,

(b)

taking steps, at least once a year, to bring the policy to the attention of all pupils at the school and parents and all persons who work at the school (whether or not for payment), and

(c)

publishing the policy on the school’s website.

(6)

In meeting the duties under this section, the appropriate authority must have particular regard to guidance issued for the purposes of section 100(2) that relates to the management of allergies (including anaphylaxis) in schools.

(7)

The Education Act 1996 and this section are to be read as if this section were included in that Act.

100BRegulations about allergy safety

(1)

The Secretary of State may by regulations impose duties on specified persons in connection with the management of allergies affecting pupils at schools to which section 100 applies (including the management of pupils at risk of anaphylaxis).

(2)

Regulations under this section may in particular make provision about—

(a)

the keeping of, and access to, medicinal products and medical devices on school premises and at other places where pupils at a school are under the lawful control or charge of a member of the staff of the school;

(b)

procedures for identifying, and managing risks to, pupils with allergies;

(c)

provision of training on the recognition and management of allergies for teaching staff, non-teaching staff, persons providing catering services at the school and such other persons as may be specified;

(d)

recording and reporting of incidents.

(3)

Regulations under this section may require the appropriate authority for a school to which section 100 applies to designate a specified person to have responsibility for specified matters.

(4)

A person on whom a duty is imposed by regulations under this section must, in meeting the duty, have regard to guidance issued by the Secretary of State.

(5)

In this section—

“appropriate authority for a school” has the same meaning as in section 100;

“specified” means specified, or of a description specified, in regulations under this section.

(6)

The Education Act 1996 and this section are to be read as if this section were included in that Act.”

In section 342 of the Education Act 1996 (approval of non-maintained special schools), after subsection (5) insert—

“(5ZA)

Regulations made by virtue of subsections (2) and (4)(a) must impose—

(a)

a requirement for an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) to be in place at a school,

(b)

requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and

(c)

requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),

and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.”

In section 94 of the Education and Skills Act 2008 (independent educational institution standards), after subsection (3A) (inserted by section 37(2)(b) of this Act) insert—

“(3B)

Standards prescribed by virtue of subsection (1)(c) must include standards that have the effect of imposing—

(a)

a requirement to secure that an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) is in place at independent educational institutions,

(b)

requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and

(c)

requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),

and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.”

After that italic heading insert—

“551ZASchool uniforms: limits on branded items

(1)

The appropriate authority of a relevant school in England—

(a)

may not require a primary pupil at the school to have more than three different branded items of school uniform for use during a school year;

(b)

may not require a secondary pupil at the school to have more than three different branded items of school uniform for use during a school year (or more than four different branded items of school uniform if one of those items is a tie).

(2)

Where the relevant school is a middle school, the limits mentioned in subsection (1)(b) apply in relation to all pupils at that school.

(3)

For the purposes of subsection (1), a pupil is required to have a branded item of school uniform for use during a school year if the pupil is required to have it—

(a)

for general use at school (or for travelling to or from school) during that year, or

(b)

to participate in any lesson, club, activity or event facilitated by the school during that year.

(4)

“School uniform” means a bag and any clothing required for school or for any lesson, club, activity or event facilitated by the school.

(5)

An item of school uniform is “branded” if—

(a)

it has the school name or school logo (or for an Academy, the school or proprietor’s name or logo) on or attached to it, or

(b)

as a result of its colour, design, fabric or other distinctive characteristic, it is only available from particular suppliers.

(6)

In this section—

“the appropriate authority” means—

(a)

in relation to an Academy school, an alternative provision Academy, a non-maintained special school, a city technology college or a city college for the technology of the arts, the proprietor;

(b)

in relation to a maintained school, the governing body;

(c)

in relation to a pupil referral unit, the local authority;

“relevant school” means—

(a)

an Academy school,

(b)

an alternative provision Academy,

(c)

a maintained school,

(d)

a non-maintained special school,

(e)

a pupil referral unit, or

(f)

a city technology college or a city college for the technology of the arts,

other than where established in a hospital;

“primary pupil” means a pupil receiving primary education (or receiving education that would be primary education if it were full-time education);

“secondary pupil” means a pupil receiving secondary education (or receiving education that would be secondary education if it were full-time education);

“maintained school” means—

(a)

a community, foundation or voluntary school, or

(b)

a community or foundation special school;

“non-maintained special school” has the meaning given by section 337A.”

In section 551A (guidance about the costs of school uniforms: England), for subsections (5) and (6) substitute—

“(5)

In this section “the appropriate authority” and “relevant school” have the same meanings as in section 551ZA.”

In Part 10 of the Education Act 1996, after Chapter 2 insert—

“Chapter 2AGuidance on mobile phones etc: schools in England

550CGuidance on use of mobile phones etc in schools in England

(1)

The appropriate person for a school in England must have regard to guidance described in subsection (2) in exercising functions in relation to the conduct of the school.

(2)

The guidance referred to in subsection (1) is guidance issued from time to time by the Secretary of State about registered pupils at schools having mobile phones and other personal interactive communication devices with them, and using them—

(a)

during school hours, and

(b)

on school premises.

(3)

Subsections (4) to (6) apply for the purposes of this section.

(4)

“Appropriate person” means—

(a)

for the following kinds of school, the head teacher—

(i)

a community, foundation or voluntary school;

(ii)

a community or foundation special school;

(iii)

a maintained nursery school;

(iv)

a pupil referral unit;

(v)

a school approved by the Secretary of State under section 342 (approval of non-maintained special schools);

(b)

for any other kind of school, the proprietor.

(5)

“School hours”, in relation to a school, means any time between the start of the first school session on a school day and the end of the last school session on the same day.

(6)

References to mobile phones and other personal interactive communication devices do not include references to devices provided by or on behalf of the appropriate person for a school for use by registered pupils.”

In section 89 of the Education and Inspections Act 2006 (determination by head teacher of behaviour policy), after subsection (6) insert—

“(7)

If a notification or guidance given under section 88(2)(b) to the head teacher of a relevant school in England is inconsistent with guidance to which head teachers of relevant schools in England are required to have regard by section 550C of EA 1996 (guidance on use of mobile phones etc), the duty under subsection (2)(b) does not apply to the extent of the inconsistency.”

After section 434 of the Education Act 1996 insert—

“Withdrawal of children from school: local authority involvement

434ALocal authority consent for withdrawal of certain children from school

(1)

A parent of a relevant child must obtain the consent of the relevant local authority to withdraw the child from school if the parent intends—

(a)

that the child should cease to attend the school at which the child is a registered pupil, and

(b)

to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school.

(2)

A child is a “relevant child” for the purposes of this section if—

(a)

the child is of compulsory school age,

(b)

the child is a registered pupil at a school, and

(c)

condition A or condition B is met in respect of the child.

(3)

Condition A is that the child became a registered pupil under arrangements made by a local authority at—

(a)

a special school within the meaning of section 337, or

(b)

an independent school within the meaning of section 463 which—

(i)

in the case of a school in England, is specially organised to make special educational provision for pupils with special educational needs;

(ii)

in the case of a school in Wales, is wholly or mainly concerned with providing full-time education to persons for whom an individual development plan is maintained.

(4)

Condition B is that a local authority is—

(a)

conducting enquiries under section 47 of the Children Act 1989 (duty to investigate) in respect of the child, or

(b)

taking action under section 47(8) of that Act to safeguard or promote the child’s welfare, in a case where the enquiries mentioned in paragraph (a) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31(9) and (10) of that Act), or has taken such action during the period of five years ending with the date on which an application is made under subsection (6).

(5)

Where the proprietor of a school is notified by a parent of a child who is a registered pupil at the school that the parent intends to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the proprietor must notify—

(a)

the local authority responsible for the area in which the school is located, and

(b)

the local authority responsible for the child, if different from the local authority mentioned in paragraph (a).

(6)

If a parent of a relevant child applies to the relevant local authority for consent to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the authority—

(a)

must decide without undue delay whether to grant consent, and

(b)

must refuse consent if the local authority considers—

(i)

that it would be in the child’s best interests to receive education by regular attendance at school, or

(ii)

that no suitable arrangements have been made for the education of the child otherwise than at school,

but otherwise must grant consent.

(7)

An application mentioned in subsection (6) may also be made by the proprietor of a school at which the relevant child is a registered pupil, on behalf of the child’s parent, and with the consent of the parent.

(8)

The relevant local authority must serve notice of the decision under subsection (6) on—

(a)

the parent who made the application, or on whose behalf the application was made,

(b)

any other parent of the child, where contact details of that parent are known, unless exceptional circumstances apply, and

(c)

the proprietor of a school at which the relevant child is a registered pupil.

(9)

Regulations under section 434—

(a)

must provide that, where consent of the relevant local authority is required under subsection (1) in respect of a relevant child, the proprietor of a school must not allow the deletion from the school’s register of the name of that child unless the proprietor receives notice that the relevant local authority has granted consent under this section in respect of that child, and

(b)

may make provision to require the proprietor of a school to arrange to take, or not to take, any other steps specified in the regulations in relation to the registration of a registered pupil at the school where a relevant local authority has granted or refused consent under subsection (6).

(10)

If a parent is aggrieved by a decision of the relevant local authority to grant consent under subsection (6)—

(a)

the parent may refer the question to—

(i)

the Secretary of State, in relation to a local authority in England, and

(ii)

the Welsh Ministers, in relation to a local authority in Wales, and

(b)

the Secretary of State or the Welsh Ministers (as the case may be) may—

(i)

uphold the decision of the local authority, or

(ii)

refer the question back to the local authority to determine.

(11)

If a parent is aggrieved by a decision of the relevant local authority to refuse consent under subsection (6)—

(a)

the parent may refer the question to—

(i)

the Secretary of State, in relation to a local authority in England, and

(ii)

the Welsh Ministers, in relation to a local authority in Wales, and

(b)

the Secretary of State or the Welsh Ministers (as the case may be) may—

(i)

give such direction determining the question as the Secretary of State considers, or the Welsh Ministers consider, appropriate, or

(ii)

refer the question back to the local authority to determine.

(12)

If a subsequent application is made in relation to a relevant child in respect of whom the relevant local authority has previously refused consent under subsection (6), the authority is only required to make a new decision under subsection (6)(a) if a period of 6 months has elapsed since the date of the previous application.

(13)

In this section, a “relevant local authority”, in relation to a relevant child, means—

(a)

where the child is a relevant child as a result of condition A (but not condition B) being met in respect of the child, the local authority that made the arrangements mentioned in subsection (3);

(b)

where the child is a relevant child as a result of condition B (but not condition A) being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4);

(c)

where the child is a relevant child as a result of conditions A and B being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4).

434BMandatory local authority meetings prior to withdrawal of child from school

(1)

The appropriate national authority must, by regulations made before the end of the relevant period, make a scheme (“a pilot scheme”) to provide—

(a)

that the parent of a child must attend and participate in a meeting with the local authority responsible for the child if the parent intends—

(i)

that the child should cease to attend the school at which the child is a registered pupil, and

(ii)

to withdraw the child from school for the purpose of causing the child to receive education otherwise than at a school,

(b)

that the local authority must ensure that the following matters are discussed with the parent during the meeting—

(i)

the duty of parents under section 7 and how the parent plans to meet this duty;

(ii)

the duties of the local authority, including the support duty under section 436G;

(iii)

the parent’s reasons for considering that the child should receive education otherwise than at school;

(iv)

any support needs that the child may have and how those needs could be met;

(v)

the safeguarding and welfare of the child;

(vi)

anything else relevant to the decision to withdraw the child from school,

(c)

that the child must attend the meeting unless exceptional circumstances apply,

(d)

that a representative of the school at which the child is a registered pupil must attend the meeting if the parent consents to the representative’s attendance,

(e)

that the proprietor of a school must not allow the deletion from the school’s register of the name of the child unless the proprietor receives notice from the local authority that the meeting has taken place in respect of the child, and

(f)

that the local authority must record the outcome of the meeting or whether the meeting was refused.

(2)

The “relevant period” is the period of two years beginning with the day on which section 37 of the Children’s Wellbeing and Schools Act 2026 comes fully into force.

(3)

The regulations must also specify—

(a)

the local authorities in respect of which the pilot scheme will operate, and

(b)

the period for which the scheme has effect.

(4)

The number of local authorities specified under subsection (3)(a) must not exceed 30 per cent of all local authorities in England or 30 per cent of all local authorities in Wales as the case may be.

(5)

The period specified under subsection (3)(b) must not be less than two years and must not exceed five years.

(6)

The regulations may provide for exemptions from the pilot scheme in respect of descriptions of children as specified in the regulations.

(7)

The regulations may make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that the pilot scheme can operate.

(8)

The provision that may be made by virtue of subsection (7) includes—

(a)

provision modifying or amending the pilot scheme for the purpose of ensuring that the scheme can operate in relation to children falling within section 434A;

(b)

provision modifying or amending section 434A for the purpose of ensuring that the pilot scheme can operate in relation to children falling within that section.

(9)

Subject to subsection (10), the appropriate national authority may by regulations—

(a)

make provision to end the pilot scheme;

(b)

provide that the provisions mentioned in paragraphs (a) to (f) of subsection (1) have effect, after the expiry of the pilot scheme, in relation to all local authorities, subject to any exemptions for descriptions of children as specified in the regulations;

(c)

amend section 434A for the purpose of ensuring that the grant of local authority consent to withdraw a child from school under that section is conditional on the parent of that child attending and participating in a meeting with the local authority responsible for the child, as described in paragraphs (a) to (f) of subsection (1), subject to any exemptions for descriptions of children as specified in the regulations;

(d)

make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that any provision made under paragraphs (a) to (c) can operate.

(10)

Regulations under subsection (9) may be made only after the pilot scheme has operated for a period of no less than two years.

(11)

Before making any regulations under this section, the appropriate national authority must consult such persons as the appropriate national authority considers appropriate.

(12)

In this section “appropriate national authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers.

(13)

If a draft of a statutory instrument containing regulations made by the Secretary of State under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.”

After section 436A insert—

“Children not in school

436BDuty to register children not in school

(1)

A local authority must maintain a register of children who are eligible to be registered by the authority under this section.

(2)

A child is eligible to be registered by a local authority under this section if conditions A to C are met.

(3)

Condition A is that the child lives in the authority’s area.

(4)

Condition B is that the child is of compulsory school age.

(5)

Condition C is that—

(a)

the child is not a registered pupil or a student registered at a relevant school,

(b)

the child is a registered pupil or a student registered at a relevant school but the proprietor of the school has arranged or agreed that—

(i)

the child will receive education otherwise than at that or any other relevant school, and

(ii)

the child will be absent for some or all of the time when a child receiving full-time education at a relevant school would normally be expected to attend, or

(c)

the child is a student registered at a relevant school falling within subsection (7)(d) but attends that school on a part-time basis, and is not also a registered pupil or a student registered at a different relevant school.

(6)

Regulations may make provision—

(a)

for cases where a child is to be regarded as falling or not falling within subsection (5)(b) or (c);

(b)

for cases where a child falling within subsection (5)(b) or (c) is not to be regarded as eligible for registration under this section.

(7)

In this section “relevant school” means—

(a)

a school maintained by a local authority,

(b)

a non-maintained special school (within the meaning given by section 337A),

(c)

an Academy school or alternative provision Academy,

(d)

an institution within the further education sector that provides secondary education suitable to the requirements of children who have attained the age of 14 years,

(e)

an independent educational institution within the meaning of section 92(1) of the Education and Skills Act 2008, that is registered under section 95 of that Act (register of independent educational institutions),

(f)

a school that is included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002), or

(g)

a school within the meaning of section 135(1) of the Education (Scotland) Act 1980.

(8)

Before the end of the period of 15 days beginning with the day on which the local authority registers a child under this section, the local authority—

(a)

must consider where the child lives, and

(b)

may request the child’s parent to allow the local authority to visit the child inside any of the homes in which the child lives.

(9)

If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice under section 436H.

(10)

Before the end of the period of 15 days beginning with the day on which the local authority includes in the register the information mentioned in section 436C(1)(g) in respect of a child, the local authority must consider the settings where the child is being educated that the local authority knows about.

436CContent and maintenance of registers

(1)

A register under section 436B must contain the following information in respect of a child registered in it—

(a)

the child’s name, date of birth and home address, and if the child has lived at their current address for less than 12 months, their previous address;

(b)

any additional address if the child lives at more than one address;

(c)

the name and home address of each parent of the child;

(d)

the name of each parent who is providing education to that child;

(e)

an estimate of the overall total amount of time that the child spends receiving education from parents of the child;

(f)

an estimate of the overall total amount of time that the child spends receiving education from persons other than parents of the child;

(g)

if a particular provider other than the child’s parent is providing education to the child for more than the prescribed amount of time—

(i)

the name and address of the provider;

(ii)

a description of the type of provider that it is;

(iii)

the postal address of each place where that education is provided (where different from the address in sub-paragraph (i)) or the website or email address of the provider if that education is provided virtually;

(iv)

an estimate of the total amount of time that the child spends receiving that education and an estimate of the amount of time the child spends receiving that education without any parent of the child being actively involved in the tuition or supervision of the child.

(2)

To the extent that the local authority has the information or can reasonably obtain it, a register under section 436B must also contain such information about, or in connection with, the following matters in respect of a child registered in it as may be prescribed—

(a)

the child’s protected characteristics (within the meaning of the Equality Act 2010);

(b)

in the case of a child who is in the area of a local authority in England, whether the child has any special educational needs, including whether the local authority maintains an EHC plan for the child;

(c)

in the case of a child who is in the area of a local authority in Wales, whether the child has any additional learning needs, including whether an individual development plan is maintained for the child;

(d)

any enquiries being made or that have been made by a local authority under section 47 of the Children Act 1989 (local authority’s duty to investigate) and any actions that are being taken or have been taken by the authority or any other local authority following, or in connection with, enquiries under that section;

(e)

whether the child is or has ever been a child in need for the purposes of Part 3 of the Children Act 1989 (see section 17(10) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by section 17 of that Act;

(f)

whether the child has ever been assessed as having needs for care and support for the purposes of Part 4 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (see section 32(1) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part (or Part 4 or 5 of the Children Act 1989) and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by or under that Part (or Part 4 or 5 of the Children Act 1989);

(g)

whether the child is or has ever been looked after by a local authority in England (within the meaning of section 22 of the Children Act 1989) or in Wales (within the meaning of section 74 of the Social Services and Well-being (Wales) Act 2014);

(h)

the reasons why the child meets condition C in section 436B, including any information provided by a parent of the child as to those reasons or, in a case where a parent has not provided that information, the fact that they have not done so;

(i)

whether, under arrangements made under section 436A, the child has been identified as a child who is of compulsory school age but who is not a registered pupil at a school and is not receiving suitable education otherwise than at a school;

(j)

the school or institution or the type of school or institution (if any) that the child attends or has attended in the past;

(k)

whether support is being provided in relation to the child under section 436G and, if so, the nature of the support being provided;

(l)

any actions that have been taken by a local authority in relation to the child under sections 436I to 436Q (school attendance orders);

(m)

whether—

(i)

in the case of a child in England, the child is a young carer within the meaning of section 17ZA(3) of the Children Act 1989, as qualified by section 17ZB(3) of that Act, or

(ii)

in the case of a child in Wales, the child is a carer (within the meaning of “child” and “carer” given by section 3 of the Social Services and Well-being (Wales) Act 2014);

(n)

whether the local authority exercised any of its functions under section 436B(8), (9) or (10), 436H(8) or (9), or 436I(3) in relation to the child and the outcomes of any consideration of home and education settings or home visits conducted under those provisions;

(o)

any other information about the child’s characteristics, circumstances, needs or interactions with a local authority or educational institutions that the Secretary of State considers, or the Welsh Ministers consider (as the case may be), should be included in the register for the purposes of promoting or safeguarding the education or welfare of children.

(3)

A register under section 436B may also contain any other information the local authority considers appropriate.

(4)

Regulations may, in relation to a register under section 436B, make provision about—

(a)

how a local authority must maintain the register, including provision relating to—

(i)

how the register is to be kept up-to-date;

(ii)

the making of changes to the register;

(b)

the form of the register;

(c)

publication of the register;

(d)

registration forms;

(e)

how amounts of time and estimates of amounts of time are to be calculated and recorded for the purposes of subsection (1)(e), (f) and (g)(iv);

(f)

publicising the register and duties of persons in relation to the register.

(5)

No information from a register under section 436B may be published, or made accessible to the public, in a form—

(a)

which includes the name or address of a child who is eligible to be registered under that section or of a parent of such a child, or

(b)

from which the identity of such a child or parent can be deduced, whether from the information itself or from that information taken together with any other published information.

(6)

In subsection (1)(g), “prescribed amount of time” means an amount of time prescribed—

(a)

by reference to a number of hours in, or a proportion of, a week or other period;

(b)

by reference to a proportion of the time a child spends receiving education;

(c)

in any other way.

436DProvision of information to local authorities: parents

(1)

A parent of a child who is eligible to be registered by a local authority under section 436B must—

(a)

inform the local authority that the child is eligible for registration, and

(b)

provide the authority with any of the information referred to in section 436C(1) that the parent has.

(2)

A parent of a child who is registered by a local authority under section 436B must—

(a)

provide the authority, on request, with any of the information referred to in section 436C(1) that the parent has,

(b)

inform the authority of a change, of which the parent is aware, to any of the information required to be included in the register under section 436C(1)(a) to (d),

(c)

inform the authority, on request, if there have been any changes, of which the parent is aware, to any of the information mentioned in section 436C(1)(e), (f) or (g) since the information was last provided to the authority, and provide the authority with information about those changes, or confirm that there have been no changes, and

(d)

inform the authority if the child ceases to be eligible to be registered by that authority under section 436B as a result of no longer meeting Condition A (see subsection (3) of that section) or Condition C (see subsection (5) of that section).

(3)

A local authority—

(a)

must make a request mentioned in subsection (2)(c) in relation to each child registered by the local authority under section 436B at least once a year, but

(b)

may not make such a request more frequently than once every three months.

(4)

A person must comply with a duty under subsection (1) or (2) before the end of the relevant period.

(5)

In subsection (4) “relevant period” means—

(a)

in the case of the duty in subsection (1)(a) or (b), the period of 15 days beginning with the date on which the child becomes eligible for registration by the local authority;

(b)

in the case of the duty in subsection (2)(a), such period of not less than 15 days as the local authority specify in the request;

(c)

in the case of the duty in subsection (2)(b), the period of 15 days beginning with the date on which the parent becomes aware of the change;

(d)

in the case of the duty in subsection (2)(c), such period of not less than 15 days as the local authority specify in the request;

(e)

in the case of the duty in subsection (2)(d), the period of 15 days beginning with the date on which the child ceases to be eligible to be registered by the local authority under section 436B.

(6)

The duties in subsections (1) and (2) do not apply where the child is receiving full-time education by the following means—

(a)

arrangements made by the local authority under section 19 (in England) or section 19A (in Wales);

(b)

arrangements made by the proprietor of a relevant school at which the child is a registered pupil;

(c)

where the local authority is a local authority in England, arrangements made by the local authority under section 61 of the Children and Families Act 2014 (special educational provision otherwise than in schools, post-16 institutions etc);

(d)

where the local authority is a local authority in Wales, arrangements made by the local authority under section 53 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) (additional learning provision otherwise than in schools);

(e)

any combination of the arrangements mentioned in paragraphs (a) to (d);

(f)

any one or more of the arrangements mentioned in paragraphs (a) to (d) and attendance at a relevant school.

(7)

In this section “relevant school” has the same meaning as in section 436B.

436EProvision of information to local authorities: education providers

(1)

This section applies where a local authority reasonably believes that—

(a)

a person is providing out-of-school education to a child for more than the prescribed amount of time without any parent of the child being actively involved in the tuition or supervision of the child, and

(b)

the child is, or is eligible to be, registered by the authority under section 436B.

(2)

In this section—

(a)

“out-of-school education” means any programme or course of education, or any other kind of structured education, that is provided otherwise than as part of the education provided by a relevant school (within the meaning of section 436B);

(b)

“prescribed amount of time” means an amount of time prescribed—

(i)

by reference to a number of hours in, or a proportion of, a week or other period;

(ii)

by reference to a proportion of the time a child spends receiving education;

(iii)

in any other way.

(3)

The authority may by notice require the person—

(a)

to confirm whether or not the person is providing out-of-school education as mentioned in subsection (1)(a) to any child living in England or Wales (whether or not that child lives in the authority’s area) or has provided such education at any time during the period of three months ending with the date of the notice, and

(b)

to provide the authority with the following information in relation to any child living in England or Wales (whether or not that child lives in the authority’s area) to whom they are providing such education, or to whom they have provided such education during that three month period—

(i)

the child’s name, date of birth and home address,

(ii)

the total amount of time that they provide such education to the child, and

(iii)

the amount of time that they provide such education to the child without any parent of the child being actively involved in the tuition or supervision of the child.

(4)

A notice under subsection (3) is served if it is sent to or left at the place where the out-of-school education is provided (as well as in the circumstances referred to in section 572(1)).

(5)

Before the end of the specified period, the person on whom a notice under subsection (3) is served must comply with the requirement in the notice.

(6)

The “specified period” is the period, specified in the notice that—

(a)

is at least 15 days, and

(b)

begins with the day on which the notice is served.

(7)

Regulations may provide for exceptions to the duty in subsection (5).

(8)

Where a local authority is satisfied that a person on whom a notice under subsection (3) is served has—

(a)

failed to comply with their duty under subsection (5), or

(b)

provided incorrect information in response to the notice,

the authority may require the person to pay a monetary penalty to the authority in accordance with Schedule 31A.

(9)

The amount of the monetary penalty is to be the prescribed amount.

(10)

Subsection (8) does not apply in relation to a notice under subsection (3) that is served during the period of three months beginning with the day on which section 38 of the Children’s Wellbeing and Schools Act 2026 comes into force.

436FUse of information in the register

(1)

A local authority must, if the Secretary of State so directs in relation to a local authority in England, or the Welsh Ministers so direct in relation to a local authority in Wales, provide the Secretary of State or the Welsh Ministers (as the case may be) with information of a prescribed description from their register under section 436B (whether that is information relating to an individual child or aggregated information).

(2)

The Secretary of State or the Welsh Ministers may provide information received under subsection (1) to a prescribed person if the Secretary of State considers or the Welsh Ministers consider (as the case may be) it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a)

the child to whom the information relates, or

(b)

any other person under the age of 18.

(3)

A local authority may provide information from their register under section 436B which relates to a child, to a person mentioned in subsection (4) if the authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a)

the child, or

(b)

any other person under the age of 18.

(4)

For the purposes of subsection (3), the persons are—

(a)

a person listed in section 11(1) or 28(1) of the Children Act 2004 (arrangements to safeguard and promote welfare);

(b)

Ofsted, meaning—

(i)

the Office for Standards in Education, Children’s Services and Skills, and

(ii)

His Majesty’s Chief Inspector of Education, Children’s Services and Skills;

(c)

His Majesty’s Chief Inspector of Education and Training in Wales;

(d)

the Welsh Ministers.

(5)

Where a local authority becomes aware that a child registered in their register under section 436B will move, or has moved, to the area of another local authority, the local authority—

(a)

must provide the other local authority with any information relating to the child which is contained in the register under or by virtue of section 436C(1) or (2), and

(b)

may provide the other local authority with any other information relating to the child which is contained in the register under or by virtue of section 436C(3).

(6)

Where a local authority in Scotland or Northern Ireland makes a request for information from a register under section 436B held by a local authority in England or Wales, the local authority receiving the request may provide the information if that authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a)

the child to whom the information relates,

(b)

any other person under the age of 18.

(7)

A local authority in Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(8)

A local authority in Northern Ireland means a Health and Social Care Trust or the Education Authority established under the Education Act (Northern Ireland) 2014.

436GSupport

(1)

If a parent of a child registered by a local authority under section 436B so requests, the local authority must provide support to the parent by securing the provision of advice and information relating to the education of the child.

(2)

The advice and information to be provided is whatever the local authority considers fit having regard to the parent’s request and may include—

(a)

advice about the education of the child,

(b)

information about sources of assistance for the education of the child, and

(c)

information about access to examinations for the General Certificate of Secondary Education.

(3)

A local authority in England must offer parents of children registered by the authority under section 436B the opportunity to attend a forum to discuss the operation of sections 436B to 436P.

(4)

The offer must be made twice per year and if it is accepted by at least one person to whom it is made, the local authority must arrange for the forum to take place.

(5)

The duties in subsections (1), (3) and (4) do not apply in relation to a child where—

(a)

the child is a registered pupil at a relevant school (within the meaning of section 436B),

(b)

the local authority is required to make arrangements for the education of the child under section 19 or 19A of this Act,

(c)

the local authority is required to secure special educational provision for the child under section 42(2) of the Children and Families Act 2014, or

(d)

the local authority is required to secure additional learning provision or other provision for the child under section 14(10) or 19(7) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.”