The Children's Wellbeing and Schools Bill - what you need to know

The Department for Education has published some useful policy summary notes which help to explain the intention behind the proposed changes.

Overview of the Bill

The Bill was first introduced in the House of Commons on 17 December 2024 and is structured in three parts. The first of which contains the children's social care measures designed to create a more joined-up system to better protect vulnerable children. These include:

• More family group decision-making
• The designation of education and childcare settings as 'relevant agencies' so that their views are heard by local safeguarding partners (which will also create a legal obligation to cooperate with those LSPs)
• The creation of unique identifier numbers for children across all services (perhaps using existing national health service numbers) to track those whose names change
• Introducing compulsory 'Children Not in School' registers in every local authority in England, so they can identify those not in school and ensure they are receiving a suitable education and giving local authorities the power to intervene where home education is inappropriate and to require school attendance.

The second section of the Bill includes the provisions related to education. Much of the content relates to maintained schools and academies, for example, of the mandatory access to free breakfast clubs in primary schools, the withdrawal of the requirement for new schools to be academies and the increase in funded childcare.

Provisions of particular relevance to independent schools

The extension of the regulation of independent schools to a broader range of 'independent educational institutions'

This will include "those IEIs which provide full-time education for:

• At least five children of compulsory school age, or
• At least one child of compulsory school age who is looked after by a local authority or has special educational needs."

Whether a setting is providing 'full-time' education for a child will be determined by reference to the test of whether the child could be expected to receive all or a majority of their education at the setting. An exhaustive list of factors is to be taken into account in deciding whether that test is met:

• The number of hours per week children are expected to attend
• The time of day at which children are expected to attend
• The number of weeks per academic year that children are expected to attend.

Three new matters which will need material change approvals

1. Change of the buildings occupied by the institution and made available for student use (for a period of six months or more)
2. Change to whether the institution is a special institution
3. In the case of a special institution, a change to the type or types of special education needs.

Introduction of a 'fit and proper person test'

This will enable the Secretary of State to introduce a discretionary new 'fit and proper person test' for proprietors of IEIs extending beyond that we have at present and requiring the SoS to be satisfied that someone is suitable to participate in the management of an IEI. Rather than a focus on whether or not someone is prohibited, this is likely to put more focus on the training, qualifications and experience of proprietors to oversee the operation of schools.

Suspension of independent school registration

This will enable the SoS to temporarily suspend institutions where closure is not warranted (there is no power to do so at present). When considering closure, the SoS can also add a requirement to consider whether the school is currently meeting the applicable standards - and whether they will do so "on an ongoing basis".

Ofsted powers of entry and investigations

Ofsted’s powers to carry out inspections of suspected unregistered IEIs will be strengthened.

Where are we now?

The Bill has passed through all the legislative stages in the House of Commons and the first reading in the House of Lords took place on 19 March 2024. The date of the second reading is yet to be announced, during which a general debate on all aspects of the Bill will take place. The Government intends to enact the Bill this session.

What can independent schools do now?

We would recommend that your school consider the following:

• Facilitating the involvement of families (rather than just primary carers) in decision-making
• Check that your GIAS entry with the DfE is up to date given the renewed focus on material changes
• Undertake an audit of the buildings 'made available for student use' and any which have been commissioned since your last inspection
• Create/maintain details of the training and experience of your School's proprietor/board separate from your SCR to evidence broader suitability.

For further information please contact Tabitha Cave  in our Regulatory Compliance team on 07747 075 825, or complete the form below.